We are open in our 8 offices to serve your needs

In a recent decision of the Ontario Court of Justice, the Court denied a father expanded access to his two young children despite the fact that the Court accepted the father’s assertion that he legitimately wanted to spend more time with his kids.  Not only did the Court deny the father’s motion for greater access, it imposed a new condition that the access be supervised at an access facility.

The foremost consideration for the Court in Davis v. Davis, 2016 ONCJ 254 was to make a decision in accordance with the best interests of the children.  The unique facts of this case that led the Court to its conclusion included the following:

  1. In the years prior to the decision, the father had not taken advantage of the access that had been in place, seeing the children only very sporadically;
  1. The father had never exercised overnight access;
  1. Both of the children had been diagnosed with Autism Spectrum Disorder, and the older child had been diagnosed with Attention Deficit Hyperactivity Disorder. Both children required very specialized and educated care from their caregiver on any given occasion, even for short periods of time;
  1. The father had failed to properly educate himself about problems which would have inevitably arisen with the children during access visits, even during short periods of unsupervised access.

Since the father had failed to make himself available over the years to be an active and nurturing parent to the children, a decision allowing him to spend more time with them would have required real effort on his part to learn how to parent in a constructive, meaningful and supportive way.  He had failed to do so.  The Court granted him up to two hours per week of supervised access for a period of not less than six months.  The Court also specified that the father would not be able to bring a motion to change the access order until he had demonstrated a consistent pattern of attending all scheduled access visits and proven that he had completed a recognized education program of autism for children, among other conditions.

The Court’s decision sends some important messages to parents seeking to increase access to their children:

  • Ensure that you have made genuine efforts to take maximum advantage of any access already in place; and
  • In situations where your children have special needs, ensure that you are working hard to educate yourself about the specialized care-giving that that they will require.

To find out more about your rights during separation, divorce or other family law disputes, call Gelman & Associates at (416) 736-0200 or 1-844-742-0200 or contact us online for a confidential initial consultation.

To read the full decision, click here.

Contact Form - Contact Us Page

Request a free consultation

Please fill out this form with your contact information and someone will be in touch with you soon.

Contact Preferences

How would you like to be contacted? Click all that apply.

How can we help you?

Brief description of your legal issue:

The use of the Internet or this form for communication with the firm or any individual member of the firm is not secure and does not establish a lawyer-client relationship. Confidential or time-sensitive information should not be sent through this form.



4211 Yonge Street • Suite #210 • Toronto • Ontario • M2P 2A9

View Map | Learn More

Aurora **

16 Industrial Parkway South • Aurora • Ontario • L4G 0R4

View Map | Learn More


500 Mapleton Avenue, Suite A • Barrie, Ontario • L4N 9C2

View Map | Learn More

Downtown Toronto **

100 King Street West • Suite #5600 • Toronto • Ontario • M5X 1C9

View Map | Learn More


4257 Sherwoodtowne Blvd Suite #300 • Mississauga Ontario • L4Z 1Y5

View Map | Learn More

Scarborough **

10 Milner Business Court • 3rd Floor • Scarborough • Ontario • M1B 3M6

View Map | Learn More

Grimsby **

33 Main Street West, • Grimsby • Ontario • L3M 1R3

View Map | Learn More

Whitby **

105 Consumers Drive - Unit 2, • Whitby • Ontario • L1N 1C4

View Map | Learn More
** Satellite office that requires you to book an appointment with us prior to arriving at the office.
Federation of Asian Canadian Lawyers
Law Society of Ontario
Peel Law Association
UJA Federation of Greater Toronto
York Region Law Association
Collaborative Practice Simcoe County
Law Association Simcoe County
Widows & Orphans Fund