In a recent case, an Ontario court considered if it should permit the children to relocate with their mother to another school district. Father Opposed Mother Moving Children to New School District The parties were married in September 2000 and separated in April 2018. They had three children, born in 2002, 2005 and 2009. In …
Read MoreWe’ve blogged in the past about the Hague Convention on Civil Aspects of International Child Abduction (“Hague Convention”). The Hague Convention is an agreement amongst a number of countries to deal with how a child’s abduction from one country to another participating country is handled. But what about when one of the countries involved is not …
Read MoreUpon the breakdown of a marriage through separation or divorce, what happens to the matrimonial home can be one of the more difficult issues to navigate. Not only can there be a great deal of emotional investment into the home, with both parties feeling strong ties to it, but a home can often be a …
Read MoreWe have spent a lot of time during the COVID-19 pandemic covering cases where the courts are asked to determine whether or not a matter is urgent. While some matters might be deemed insufficiently urgent, leaving the parties to have to wait until courts resume normal activities before pursuing their matters, some types of issues …
Read MoreAs we’ve discussed in a number of blogs over the past ten weeks, COVID-19 has had a tremendous impact on the legal system, with all but the most urgent matters being put on hold for the time being. That said, urgent matters do arise, and Gelman & Associates’ very own Irina Davis recently appeared remotely …
Read MoreThe idea of a blended family, where two divorced or separated parents become partners, may have been a foreign concept many years ago, but is commonplace now. Parents in blended families may still share access to their children with their former partners, something that may not ordinally be an issue, but like many things, becomes …
Read MoreWhat happens when one party wants to relocate to another city with their child(ren)? In a recent case, an Ontario court considered a mother’s motion to move from one area of Ontario to another. The Background The parties had two children, ages three and six. In May 2018, the father was charged with several criminal …
Read MoreIn a recent Ontario case, the court considered the interesting question of how to determine a child’s “habitual residence” for the purpose of an application under the Convention on the Civil Aspects of International Child Abduction (the Hague Convention). The Background The parties began dating in May 2017, started living together in June 2017, and …
Read MoreAs technology evolves, so too do the laws governing its use and the consequences thereof. A recent family decision from Ontario has expanded the province’s tort law to include “publicity which places the plaintiff in a false light in the public eye.” The decision could have a significant impact on the consequences of certain online …
Read MoreThe courts have the discretion to decide whether or not to award interim disbursements to a party in a family law proceeding. Sometimes, as in this recent Ontario case, the court will award one party interim disbursements to pay for various expenses related to litigation, such as the cost of legal fees, business valuation reports …
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