Court Determines That it Lost Jurisdiction in Custody Dispute

Is it possible for a court, which has jurisdiction to deal with a matter, to subsequently lose jurisdiction? In a recent decision, an Ontario court found that, indeed, it could not maintain jurisdiction over the parties’ custody dispute since they had both returned to live in Japan.   The Parties’ Story In 2011, the parties …

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Court Looks At Whether It Has Jurisdiction To Order Reunification Therapy

Issues around custody and access to children can be one of the most stressful aspects of a separation or divorce. These issues can become more contentious when one parent is denied access to a child, or when one parent tries to influence the relationship between the child and the other parent. In a recent decision …

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Does a Child Getting Older Constitute a “Material Change in Circumstances” When Varying Parenting Time?

An Ontario court recently considered the interesting question of what constitutes a material change in circumstances when determining a party’s request to vary parenting time.   The Parties’ Story The parties had a child in 2014, but they never cohabited or had a relationship (they had several casual encounters only). The father was not present …

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Considerations For Divorced Parents Planning A Vacation With A Child

There are a number of situations that can prove to be more difficult for divorced or separated parents that may not be obvious to the parties involved until it’s too late for proper planning.  One such example is vacation planning. With March Break around the corner, we thought it would be a good time to …

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Court Orders Mother to Undergo a Capacity Assessment

In some situations, one party in a proceeding may ask the court for an order directing the other party to undergo to a capacity assessment. An Ontario court recently considered this interesting question and explained when it might be appropriate to impinge upon a party’s autonomy and privacy interests by making such an order.   …

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Mother Accuses Employer Of Violating Human Rights In Not Accommodating Daycare Needs

Childcare is an expensive, and it’s something many Canadian families struggle with, both in terms of affordability and availability. What is not often discussed is the challenges faced by parents who are unable to find daycare for their children.  A recent case from the Ontario Superior Court of Justice looked at whether a parent was …

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Divorced Couple Disputes A Number Of Child Support Issues

There are many factors that can contribute to what amount of child support one parent may have to pay to another following a separation or divorce. There are both provincial and federal child support guidelines which help dictate how much a parent should pay based on factors such as income, while also addressing items such …

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When Sole Custody is More Appropriate Than Joint Custody

The court recently considered when it might be appropriate to grant sole custody to one party over the other.   The Parties’ Story The parties were married for three years before they separated in 2010. They had two children, born in 2008 and 2010. In 2012, the parties executed a separation agreement, in which they …

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Failure to Ensure Procedural Fairness in Arbitration is Denial of Natural Justice

An Ontario court recently considered whether or not it should overturn an arbitration award because one of the parties only received notice that mobility was an issue the day before the arbitration commenced.   Background The parties were married in May 2003 and separated in January 2011. They had three children together. In 2013, the …

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