Is a Judge Obligated to Read All Materials Filed in a Family Law Case?

The Ontario Superior Court recently considered the position of a father who was appealing a final child support order on the grounds that the motion judge who had granted the order had not read all of the materials that had been filed prior to making the decision about support. The Parties The parties at issue …

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Emerging Technologies and Domestic Abuse

The New York Times this week reported on the alarming phenomenon of domestic abusers using smart home technologies, including Wi-fi connected locks, lights, cameras, thermostats and speakers, as a tool in harassing, watching, and controlling their spouses or partners. Smart Home Technologies Used for Abusive Aims In recent years, technologies including digital assistants such as …

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Grandparents Unsuccessfully Fight for Custody of Children

In a recent Ontario case, the court had to determine whether a father should have interim custody of his two children or whether the children should continue to live with their grandparents.   The Facts The parties were married in November 2010 and separated in November 2016. They had two children, born in 2011 and …

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A Question of Jurisdiction: When Ontario Courts Can Decide Custody and Access Matters

The Ontario Court of Appeal recently decided a case where the mother, who had unilaterally taken the parties’ children from Nigeria to Ontario, sought custody of the children. In allowing the mother’s appeal from a decision that dismissed her original application, the court outlined the various factors it had to consider in deciding whether the …

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Interim Spousal Support and Child Support

An Ontario court recently considered a case where the mother sought interim child support and spousal support from the father. In granting the mother’s motion, the court outlined the factors that it must take into account when making an interim order for support.   What Happened? The parties were married in January 2005 and separated …

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Ongoing Battle Over Whether Indigenous Law Should Apply over Ontario Family Law in Support Dispute Continues

We previously blogged about a contentious child support and spousal support dispute, in which an Indigenous father argued that band law should apply in lieu of Ontario family law where disputes involved Indigenous families. The original trial judge disagreed with the father’s position, and the father appealed further. The appeal is scheduled to be heard …

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