When Sole Custody is More Appropriate Than Joint Custody

The court recently considered when it might be appropriate to grant sole custody to one party over the other.   The Parties’ Story The parties were married for three years before they separated in 2010. They had two children, born in 2008 and 2010. In 2012, the parties executed a separation agreement, in which they …

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When the Court Will Stay an Order Pending Appeal

An Ontario court recently considered an interesting case where one party sought a stay of two orders pending appeal.   The Parties’ Story The parties were the parents of a five-year-old child. They separated when the child was approximately one year old. The child resided primarily with the mother after the parties’ separation, until June …

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Same-Sex Parent Denied Temporary Access to Child

An Ontario court recently dismissed a same-sex parent’s application for temporary access.   What Happened? The parties, S and H, were both 18 years old. They had an intermittent, same-sex romantic relationship since at least 2014. S became pregnant with a child while she was in a relationship with her then boyfriend. The child was …

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Dispensing with Privacy: Court Orders Spouse to Produce Medical Records

An Ontario court recently considered if the father of a young child had a right to privacy or whether he should be compelled to produce the medical records in relation to his alcohol dependency and mental health issues.   What Happened? The parties met in September 2014. They cohabited from October 2016 to January 2017, …

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A Question of Jurisdiction: When Ontario Courts Can Decide Custody and Access Matters

The 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 …

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Stepparents and Access

An 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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