Judge Criticizes Father Who Submitted “Sexts” Sent by Mother as Evidence in Custody Dispute

The Ontario Superior Court recently addressed the question, “Do nude pictures of parents help judges decide who should get custody?”. Justice Pazaratz answered in the negative and criticized a father for attaching series of nude selfies of his ex-spouse to an affidavit that he filed in support of his motion for a custody change. The …

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Judge Slams Mother’s Behaviour During Lengthy Divorce Trial

A judge criticized the “irresponsible” behaviour of a self-represented mother in a divorce case that had spanned roughly ten years. Among the mother’s inappropriate actions was the failure to show up for a motion date she had requested. The Parties Justice Rempel made a point of emphasizing the “relentless pace and complexity of the protracted …

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The Reality of Costs in Family Law Disputes

A recent decision by the Ontario Superior Court provides divorcing parents with a cautionary tale about allowing outstanding disputes to get out of control and racking up huge costs. What Happened? Following their separation, the parties at issue resolved many of the outstanding financial issues on their own. The remaining issues all related to parenting …

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Removal of Counsel from Record in Family Law Proceedings

The Ontario Superior Court recently commented on interference with a party’s choice of counsel in family law disputes, and dismissed a request to remove counsel from the record. What Happened? The parties signed a separation agreement a number of years ago, and a divorce was later granted in 2007. Both parties were now seeking variations …

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Does a father have to continue paying child support if he discovers the child is not his?

The British Columbia Supreme Court recently ruled that a man who was misled into believing he was the biological father of a child does not owe any continued child support for that child even though he was found to have assumed the role of a parent during the early years of the child’s life. The …

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The Lawyer’s Role in the Collaborative Process

The Ontario Superior Court of Justice recently had the opportunity to review a lawyer’s role in the collaborative process when the husband in a family law matter (Mr. Elliott) brought a motion to have the lawyer acting for his ex removed as solicitor of record.  Mr. Elliott argued that the lawyer should be removed on the basis …

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But What About Buddy!

Treating your pet as if they were part of the family has become the status quo in North American homes.  However, in the context of divorce, what do the Courts have to say on the subject? Recently, Justice R.W. Danyliuk of the Court of Queen’s Bench for Saskatchewan, in the Saskatoon Family Division decided to tighten …

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Parenting & Mental Illness: A Custody Decision

A Manitoba Court recently examined the relationship between mental illness and parenting when it was asked to rule on the issue of custody with respect to the children of a divorced couple who were dealing with the mother’s Delusional Disorder diagnosis and the father’s violent temper. In Ulloa v. Ulloa, the parties each took the position that the …

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Grandparents’ Rights of Access to Grandchildren

We recently highlighted a CBCNews article that discussed the plight of grandparents who have been denied access to their grandchildren after the separation or divorce of their child.  An estimated 75,000 Ontario grandparents have been denied access to about 112,000 children. A private member’s bill that aims to ensure courts give grandparents a chance to make their case …

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“An Ocean of Family and Civil Litigation”

Justice Grace of the Ontario Superior Court of Justice set a somber tone in his opening comments in Spero v. Dean: “Sadly, once married parties are no longer joined in heart, body or soul but as antagonistic parties in an ocean of family and civil litigation.  This will form a small part of one chapter of the …

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