Since the COVID-19 pandemic began, courts have had to consider parties’ requests to hear motions and decide whether a matter meets the “urgency test” (set out below) on a case-by-case basis. In a recent decision, an Ontario court considered whether a mother’s motion met this test in the context of a more recent notice to …
Read MoreCOVID-19 has not been easy for parents of young children. For parents who are recently divorced or separated, a stressful time can be all the more difficult with the additional health concerns that the pandemic has introduced. A recent decision from the Ontario Court of Justice illustrates some of these challenges. An urgent motion The …
Read MoreAs the situation with COVID-19 continues to change and develop, some parties have been challenging their parenting arrangements. In this recent case, an Ontario court considered the mother’s request to suspend the father’s access to their child because the father had chosen to self-isolate with his new partner (and her family) at a cottage. The …
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 MoreAn Ontario court recently considered the interesting question of what should happen when one parent fails to follow recent COVID-19 protocols. In this case, the mother brought a motion to suspend the father’s access to their child until he provided evidence that he was complying with public safety directives. The Background The parties had one …
Read MoreParents who share custody and access arrangements for their children have been facing a number of challenges during the ongoing COVID-19 pandemic. In some cases, such as Ribeiro v. Wright, which we discussed in a previous blog, the parent with primary custody has made attempts to suspend the other parent’s access out of fear of …
Read MoreOver the last few weeks we have used our blog to share news about how COVID-19 is impacting the family courts in Ontario. The courts are currently only hearing urgent matters. The decision we’d like to discuss today is an excellent example of both the types of issues the courts are dealing with as well …
Read MoreIn a recent case, an Ontario court heard a father’s motions to find the mother in contempt of court for failing to facilitate access in accordance with court orders. In considering the motions, the court had to consider the interesting question of when, and in what circumstances, it would be appropriate to find a party …
Read MoreIn today’s world, families are becoming more diverse than ever before. What happens when a stepparent wants access to a child? In a recent case, an Ontario court considered this interesting question when it heard a stepmother’s request for access to a nine-year-old boy. The Parties’ Story The mother and father had one child together. …
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