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The Difficulty Of Unscrambling An Egg

When separated or divorced parents live in different countries, it can be difficult to manage things such as child custody & access. In a recent decision from the Ontario Superior Court of Justice, the court warned the father, who lives overseas, that his unilateral actions, while he had custody of the children, will make it …

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Court Permits Mother to Relocate with Children

In a recent case, an Ontario court considered if it should permit the children to relocate with their mother to another school district. Father Opposed Mother Moving Children to New School District The parties were married in September 2000 and separated in April 2018. They had three children, born in 2002, 2005 and 2009. In …

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How Courts Handle The Return Of Children When Hague Convention Does Not Apply

We’ve blogged in the past about the Hague Convention on Civil Aspects of International Child Abduction (“Hague Convention”). The Hague Convention is an agreement amongst a number of countries to deal with how a child’s abduction from one country to another participating country is handled. But what about when one of the countries involved is not …

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Virtual Access During COVID-19

If the COVID-19 pandemic hit at a different time, parents would not have the option of exercising access virtually. Thankfully, modern technology provides parents with a myriad of ways of interacting with their children, even when apart. In a recent case, an Ontario court considered a mother’s motion for the continuation of FaceTime access between …

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Court Orders Sale Of Matrimonial Home

Upon the breakdown of a marriage through separation or divorce, what happens to the matrimonial home can be one of the more difficult issues to navigate. Not only can there be a great deal of emotional investment into the home, with both parties feeling strong ties to it, but a home can often be a …

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Enforcing Access During the COVID-19 Pandemic

In a recent decision, an Ontario court considered the interesting question of what happens when one parent withholds access to a child during the COVID-19 pandemic. The Background The parties were separated. They had one child together, who was two years old. The child had some ongoing health issues, including a neuromuscular disorder with previous …

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Court Addresses Costs For Father’s Non-Urgent Covid-19 Application

A few weeks ago we blogged about a decision in which a father attempted to alter his access schedule with his child during COVID-19. The court had determined that the father’s request was not urgent. Our own Irina Davis represented the mother in that trial ad did so again during a recent hearing where costs …

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COVID-19 and Meeting the “Urgency Test”

Since the COVID-19 pandemic began, courts have had to consider parties’ requests to hear motions and decide whether a matter meets the “urgency test” (set out below) on a case-by-case basis. In a recent decision, an Ontario court considered whether a mother’s motion met this test in the context of a more recent notice to …

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Allegations Against Father Lead To Reduced Access

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 …

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