What happens when one party seeks to impute income to the other party for the purposes of calculating child support? In a recent decision, the court considered that very question when a mother brought a motion for a temporary order for sole custody and child support. The Mother Leaves The parties met in or around …
Read MoreAt what point is it reasonable to terminate an order for supervised access? That is the very question the court considered in a recent case. As the court noted, while resolution is always encouraged, judges have the ultimate responsibility to ensure that orders in relation to children are safe and appropriate. The Children’s Aid Society …
Read MoreNearly three years ago, Gelman & Associates’ Irina Davis represented a father in a case dealing with custody and access where the parents had a relationship high in conflict and were unable to make parenting decisions together. Over two years since the original order, the parties have found themselves back in court after the mother’s …
Read MoreAs the court in a recent case stated, the pre-Labour-Day “Let’s Change Johnny’s School” urgent motion has become somewhat of an unwanted annual tradition. In this instance, the father brought a motion to change both the country where the children were going to live and where the children were going to go to school. The …
Read MoreIssues around child custody and access can be some of the most difficult to work through for parents going through a separation or divorce. When a relationship between parents that isn’t necessarily trustworthy or contains animosity is thrown into the mix, it’s natural for tension and issues to arise. This is what we saw in …
Read MoreMany parties have struggled with pre-existing parenting arrangements during COVID-19. As demonstrated in this case that was recently before an Ontario court, the pandemic has brought with it a lot of uncertainty and has turned many people’s plans on their head. The Original Parenting Order The parties were married in July 2008 and divorced in …
Read MoreWhat happens when a party wants to deny their ex-spouse, a stepparent, access to their child? In a recent case, an Ontario court considered a mother’s request to prevent her ex-spouse, Mr. L, from seeing her daughter. Mother Brings Child into Relationship The parties began to live together around December 2017 and separated in the …
Read MoreWhen separated or divorced parents live in different countries, it can be difficult to manage things such as child custody & access. In a recent decision from the Ontario Superior Court of Justice, the court warned the father, who lives overseas, that his unilateral actions, while he had custody of the children, will make it …
Read MoreIf the COVID-19 pandemic hit at a different time, parents would not have the option of exercising access virtually. Thankfully, modern technology provides parents with a myriad of ways of interacting with their children, even when apart. In a recent case, an Ontario court considered a mother’s motion for the continuation of FaceTime access between …
Read MoreIn a recent decision, an Ontario court considered the interesting question of what happens when one parent withholds access to a child during the COVID-19 pandemic. The Background The parties were separated. They had one child together, who was two years old. The child had some ongoing health issues, including a neuromuscular disorder with previous …
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