We have spent a lot of time during the COVID-19 pandemic covering cases where the courts are asked to determine whether or not a matter is urgent. While some matters might be deemed insufficiently urgent, leaving the parties to have to wait until courts resume normal activities before pursuing their matters, some types of issues …
Read MoreParents who share custody and access arrangements for their children have been facing a number of challenges during the ongoing COVID-19 pandemic. In some cases, such as Ribeiro v. Wright, which we discussed in a previous blog, the parent with primary custody has made attempts to suspend the other parent’s access out of fear of …
Read MoreAs noted in an earlier post, the regular operations of the Ontario Superior Court of Justice have been suspended under the Notice to the Profession of the Chief Justice of Ontario (the Notice) since March 15, 2020. A determination of “urgency” must therefore be made pursuant to the Notice. In a recent case, the Superior …
Read MoreWhat happens when one party wants to relocate to another city with their child(ren)? In a recent case, an Ontario court considered a mother’s motion to move from one area of Ontario to another. The Background The parties had two children, ages three and six. In May 2018, the father was charged with several criminal …
Read MoreIn a recent Ontario case, the court considered the interesting question of how to determine a child’s “habitual residence” for the purpose of an application under the Convention on the Civil Aspects of International Child Abduction (the Hague Convention). The Background The parties began dating in May 2017, started living together in June 2017, and …
Read MoreChild support obligations can be one of the more difficult aspects of a divorce or separation for people to handle in a financial sense. While popular culture references might tell us that child support obligations end when a child turns 18, that’s not always the case. We’ve spent some time in previous blogs talking about …
Read MoreOne of the most challenging aspects of divorce or separation for parents is shielding children from any hostile or negative interactions between the parents. While there are options parents can choose to address this risk, such as entering private mediation as opposed to waging public court battles, there is always a chance that interactions down …
Read MoreIn a recent case, an Ontario court considered both the mother and father’s requests for interim custody of their child. This case highlights the kinds of questions a court must grapple with in determining what custodial and residential arrangements are in a child’s best interests. The Background The parties began living together in May 2014 …
Read MoreInternational boundaries can introduce numerous complications when child custody is an issue between parents going through separation or divorce. When one parents wants to move to another country with the child, the other parent may object. Courts can consider a number of factors when determining where the child “habitual residence” is when deciding where the …
Read MoreAn Ontario court recently considered the interesting question of whether or not it was appropriate to grant interim custody to a parent while proceedings were underway. The Parties’ Story and Positions The parties began living together in May 2014 and separated in October 2018. They had one child together, who was born in 2016. The …
Read More
