Droit de la famille — 18157 2018 QCCA 131 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026967-174 (550-04-018688-164) MINUTES OF THE HEARING DATE: 25 janvier 2018 CORAM: THE HONOURABLE MARIE ST-PIERRE, J.A. ROBERT M. MAINVILLE, J.A. SUZANNE GAGNÉ, J.A. APPELLANT A. G. SELF-REPRESENTED RESPONDENT N. G. UNREPRESENTED AND ABSENT On appeal from a judgment rendered on July 5 th , 2017 by the Honourable Justice Carole Therrien of the Superior Court, District of Gatineau.

DESCRIPTION : Family - Motion to change custody - Judgment by default - Jurisdiction of Quebec courts. Clerk: David Champigny Courtroom: Pierre-Basile-Mignault HEARING 10:52 Start of the hearing. 10:53 Submission by M. A. G. 10:56 Suspension of the hearing. 11:31 Resume of the hearing. BY THE COURT: JUDGEMENT – See page 3. 11:32 Conclusion of the hearing.

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s) David Champigny Clerk BY THE COURT JUDGMENT [ 1 ] The judge of first instance declined jurisdiction over the appellant’s application to modify the custody of the children and to review the support payments for the children. [ 2 ]

Article 3142 of the Civil Code of Quebec provides that child custody matters are normally decided by the tribunal where the child is domiciled. In this case, there is no dispute that the children are domiciled in Ontario. [ 3 ] As for the review of the child support payments, the judge of first instance decided that it would be preferable that that matter be also adjudicated in Ontario where the children reside. [ 4 ] The exercise of a judicial discretion is not subject to appeal unless the appellant demonstrates that the decision is based on a wrong legal principle or is otherwise unreasonable.

This is not the case here. [ 5 ] As a result, the appeal will be dismissed without legal costs as the appellant should submit his application to the courts of Ontario. FOR THESE REASONS, THE COURT: [ 6 ] DISMISSES the appeal, without legal costs. MARIE ST-PIERRE, J.A. ROBERT M. MAINVILLE, J .A. SUZANNE GAGNÉ, J.A.