It is possible that a judge order no access but this is extremely rare. If the judge is persuaded, however, that a child may come to some harm or danger if access is not monitored, the judge can order that visitation be supervised. Supervised visitation sometimes occur in the visiting parent’s home. The supervisor in …
Read MoreA judge, not a jury, decides a family law case if it goes to trial.
Read MoreAccess is a non-custodial parent’s right to spend time with their child and the child’s right to spend time with that parent. A parent who has access also has the right to receive information about a child’s health, education, and welfare. The parent with access, however, does not have a right to make decisions about …
Read MoreSince custody disputes can take a long time to go through court, it is important to decide with whom children will reside during the process. If you and your spouse cannot agree about where the child will live, you can ask the court to make a temporary order. The temporary order can set out the …
Read MoreThe best chance for a child to get their choice of who to live with is if the parents can come to a mutual agreement in which the child’s wishes are adhered to.The child does not necessarily get to decide where s/he lives, if either you or your spouse disagrees strongly enough with your child’s …
Read MoreNo. Although many clients think they can tie child support payments to visitation privileges, it is important that you understand that the one is legally independent of the other in terms of either unilaterally withholding support or suspending visitation. The law views it as beneficial for a child to have a relationship with both parents. …
Read MoreSince every parent has an obligation to financially support their child, and since a custodial parent will have many day to day expenses, they are entitled to support from the other spouse. If each parent has the child at least 40% of the time, they are said to have “shared custody”. This is not the …
Read MoreSole custody is where one parent has custody of the child. Custody is the right to make the important decisions about the care and upbringing of a child. Custody normally includes the physical care, control and upbringing of the child but does not only mean that the child resides only with the custodial parent. If …
Read MoreNavigating the courts in Ontario can be a complex process. This guide offers some insight into divorce procedures in Ontario. With the possible exception of the court papers required to obtain an absolute divorce, the procedure for drafting, filing and serving most other litigation documents is extremely complex and fraught with legal peril to be …
Read MoreIt is no surprise that a hard-fought custody battle between two parents can become unfriendly, at best. One of the small ironies of this is that it is rarely the big, life-altering issues that cause the greatest amount of conflict. Parents are more likely to argue over where they will meet to exchange the child/ren or whether one can …
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