Contempt in Family Law Proceedings

In a recent decision, an Ontario court grappled with the interesting question of when it may be appropriate to find a party in contempt in the context of family law proceedings. The Parties’ Story The parties separated in January 2016. They had two children together, ages seven and three. Since separation, the parties had been …

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Revisiting The Considerations Around Relocating a Child

One of the more difficult issues to solve when it comes to matters of child custody and access is what to do when one of the parents of a child wishes to move, with the child, to a location further away than they already are from the other parent. A recent decision from the Superior …

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Access by a Non-Parent

Sometimes a party will seek access to a child even when that party is not the child’s biological parent. In a recent case, an Ontario court considered a man’s request for access to a child that he had not seen for over a year. Interestingly, that child was also not the man’s biological son. The …

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What’s In A (Attempt To Change A) Name?

It’s natural for divorced or separated parents to disagree over how certain elements of raising their children are handled. Some issues may seem small in nature, but others can be larger and come with long-lasting impacts. In an example of the later, an Ontario mother recently wanted to change the name of the children she …

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Child Support for Adult Children

What happens to a payor’s child support obligations once his or her children are adults pursuing higher education? Does child support terminate, or does it remain payable? An Ontario court grappled with this interesting question in Makdissi v. Masson. The Parties’ Story The parties were married in June 1993, separated in September 2001, and divorced …

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Courts Looks At Whether Finding Of Contempt Was Appropriate

Following a divorce or separation, parents may find themselves with a new set of responsibilities and obligations. Many times these are established through a court order, which sets out, amongst other things, parenting schedules. It goes without saying that most divorced couples don’t see eye-to-eye on some things, and these disagreements can continue to be …

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Court Refuses to Set Aside Restraining Order

In a recent case, the court considered a father’s request to set aside a restraining order that prevented him from having access to his six-year-old son. The Parties’ Story The parties, who never lived together, had one child. The father was in jail for almost the first two years of the child’s life. In June …

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Court Grapples With Child Abduction Across Borders

International 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 …

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Ontario Court of Appeal Denies Father’s Request to Reduce Child Support Arrears

The Ontario Court of Appeal recently heard a mother’s appeal from a decision that granted the father a retroactive reduction in his child support obligations. In determining whether to allow the appeal, the court considered the interesting question of when a payor parent may be excused from paying the full amount of child support that …

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Husband And Wife Turn To Court To Help Them Get Married…Again

Life is full of surprises, but imagine the surprise of finding out years after tying the knot that you and your partner aren’t actually married at all? That’s what recently happened to an Ontario couple, who went to court to sort things out. The first marriage The husband had married his first wife (“the first …

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