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 …
Read MoreAn Ontario court recently considered an interesting case where the question of whether a party’s spouse and/or children can be ordered to attend therapy was raised. What Happened? The parties were married in July 2001 and separated in April 2009. The parties had two children of the marriage: C, born in May 2003, and …
Read MoreWe’ve previously blogged about a Jamaican mother who had been seeking to stop the adoption of her son by a family in British Columbia. Recently, following a 4-day hearing, a B.C. Provincial Court judge ruled against the woman, granting custody of the child to the B.C. Ministry of Child and Family Development (the Ministry) A …
Read MoreThe 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 …
Read MoreWhen a couple goes through a separation it may be assumed that the parties involved cease living together. Often, one spouse may stay in the home temporarily or permanently, while the other moves out. But settling the division of property in a separation or divorce could take years. What happens if during that time one …
Read MoreAn 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 …
Read MoreWe 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 …
Read MoreAn Ontario court recently considered a spouse’s request to reduce the child support and spousal support obligations that had been set out in the parties’ separation agreement. What Happened? The parties began living together in June 1983, married in December 1985, separated in August 2009 and divorced in January 2012. The parties had three children …
Read MoreA Vancouver based real estate agent has used the recent housing volatility and resultant impact on the market to argue that the luxurious lifestyle his family previously enjoyed was unsustainable and that his spousal support obligations should be decreased. The Parties’ Relationship The former couple began to live together in 1998 and married in 2000. …
Read MoreAn Ontario court recently outlined the factors that must be considered when determining whether a party who is not a biological parent will be granted access to a child. What happened? The respondent parents had one child, who was nine years old. The parents, who were no longer together, had always co-parented the child without …
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