An Ontario court recently examined a request by a non-parent for access to a child, and found that it would not be in the child’s best interests to have continued contact with his mother’s ex-boyfriend (who was not his biological father). What Happened? The man in question (the Applicant) was not the biological father of …
Read MoreAn Ontario court recently grappled with the interesting question of when it is and is not appropriate for a parent to be prohibited from changing the name(s) of their children after a separation. As we’ve explored previously, this is often a source of tension for separating parents. In this case, the court allowed the mother …
Read MoreAn Ontario court recently considered a situation in which a husband claimed temporary non-compensatory spousal support from him former wife, whose income had increased following their separation. What Happened? The parties began living together in 1997, married in 2000, and ultimately separated in 2013. They had three children together, aged 16, 12, and 10 at …
Read MoreAn Ontario court recently considered a case that dealt with an interesting question: when might a marriage contract be void (i.e., not enforceable) for uncertainty? What happened? The parties, who were both Muslim, met online. In 2013, the wife travelled from Canada to Iran to marry the husband. The parties signed a marriage certificate in …
Read MoreAn interesting decision from Ontario took away a father’s joint custody of his son, but allowed him to retain access so that the son, who was a competitive hockey player, could “… have a sense of relaxation which he currently enjoys at this father’s home in contrast the rigors of a very busy schedule while …
Read MoreAn Ontario court recently considered a contested interim parenting arrangement. In making a final decision on care and control of the child in question, the court had to determine what the status quo was in relation to custody and access of the child prior to her parent’s separation. What Happened? The party’s relationship began in …
Read MoreOntario’s Family Court recently dealt with the interesting issue of whether an order obligating a separated couple to sell their matrimonial home should be set aside because of a variety of hardships claimed by the wife, including ADHD. What Happened? The parties separated in June 2016. They have two school-aged children who continue to live …
Read MoreEarlier this year, an eight-month-old baby in British Columbia made international news when the child was issued a health card that does not specify a sex. The document is widely believed to be a first, both in Canada and worldwide. A Health Card with No Specified Sex The child’s parent, Kori Doty, a non-binary transgender …
Read MoreThe Ontario Court of Appeal has upheld a cohabitation agreement that a woman signed decades ago without obtaining independent legal advice, finding no reason to overturn the agreement. What Happened? The parties in question began to live together in 1997. The husband had previously had an acrimonious separation and wanted to avoid a similar situation …
Read MoreThe Human Rights Tribunal of Ontario (HRTO) recently found that a Christian Evangelical school that refused to admit the adopted son of a same-sex married couple did not breach the Ontario Human Rights Code. What Happened? A married lesbian couple wanted to enroll their adopted child in a privately owned and operated Christian school. Both …
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