While it’s true that most decisions related to custody and access of children involve one of the children’s parents, there are sometimes other parties who may pursue access to a child through the courts despite not being a parent. In some cases, this can be a child’s grandparents. However, success in such a pursuit can …
Read MoreThe stigma around mental health has been slow to change, but change is happening. Mental health issues can be difficult for anyone to deal with, even if they are living in a family not going through separation or divorce. In a recent decision from the Ontario Superior Court of Justice, the court looked at a …
Read MoreIn most decisions related to access to children, the parties involved are one of the parents of the child. However, as seen in a recent decision from the Ontario Superior Court of Justice, there can be occasions when issues around having access to a child pop up between parents and other parties, such as in …
Read MoreAs the COVID-19 pandemic continues to impact the lives of Canadians in significant ways, the courts are not left untouched. In-person hearings had always been the norm before March 2020. However, the need to no longer gather in large groups has changed the ways that trials can be held or how quickly they can be …
Read MoreWhat happens when one party seeks to impute income to the other party for the purposes of calculating child support? In a recent decision, the court considered that very question when a mother brought a motion for a temporary order for sole custody and child support. The Mother Leaves The parties met in or around …
Read MoreAt what point is it reasonable to terminate an order for supervised access? That is the very question the court considered in a recent case. As the court noted, while resolution is always encouraged, judges have the ultimate responsibility to ensure that orders in relation to children are safe and appropriate. The Children’s Aid Society …
Read MoreNearly three years ago, Gelman & Associates’ Irina Davis represented a father in a case dealing with custody and access where the parents had a relationship high in conflict and were unable to make parenting decisions together. Over two years since the original order, the parties have found themselves back in court after the mother’s …
Read MoreAs the court in a recent case stated, the pre-Labour-Day “Let’s Change Johnny’s School” urgent motion has become somewhat of an unwanted annual tradition. In this instance, the father brought a motion to change both the country where the children were going to live and where the children were going to go to school. The …
Read MoreIssues around child custody and access can be some of the most difficult to work through for parents going through a separation or divorce. When a relationship between parents that isn’t necessarily trustworthy or contains animosity is thrown into the mix, it’s natural for tension and issues to arise. This is what we saw in …
Read MoreMany parties have struggled with pre-existing parenting arrangements during COVID-19. As demonstrated in this case that was recently before an Ontario court, the pandemic has brought with it a lot of uncertainty and has turned many people’s plans on their head. The Original Parenting Order The parties were married in July 2008 and divorced in …
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