In a recent case, the court considered a father’s request to set aside a restraining order that prevented him from having access to his six-year-old son. The Parties’ Story The parties, who never lived together, had one child. The father was in jail for almost the first two years of the child’s life. In June …
Read MoreCourt orders cannot be ignored or disobeyed, and complying with a court order is not optional. In a recent case, an Ontario court considered whether or not the mother of a young child was in contempt for refusing to grant access to the child’s paternal grandmother in accordance with a previous order. What Happened? The …
Read MoreAn Ontario court recently considered the interesting question of whether or not it was appropriate to grant interim custody to a parent while proceedings were underway. The Parties’ Story and Positions The parties began living together in May 2014 and separated in October 2018. They had one child together, who was born in 2016. The …
Read MoreWhen parents get separated or divorced, it shouldn’t come as a surprise that there are disagreements between them, and that they may not get along. However, no matter how one parent feels about the other, it’s important to remember how critical it is to always treat the other parent in a way that isn’t considered …
Read MoreIn a recent case, an Ontario court considered whether it could grant a father’s request to vary parenting time without proceeding to trial. The Parties’ Story The parties were married in September 2001 and separated in June 2011. They had four children together, ages 17, 15, 13 and 7. In July 2016, the parties entered …
Read MoreThe concept of parental alienation can, unfortunately, be common in the practice of family law; one that can affect decisions relating to support or even custody in some cases. However, parental alienation may soon also be considered a medical diagnosis, labelled as a disease with long-term repercussions affecting the children of parents who use manipulation …
Read MoreIssues around custody and access to children can be one of the most stressful aspects of a separation or divorce. These issues can become more contentious when one parent is denied access to a child, or when one parent tries to influence the relationship between the child and the other parent. In a recent decision …
Read MoreAn Ontario court recently considered the interesting question of what constitutes a material change in circumstances when determining a party’s request to vary parenting time. The Parties’ Story The parties had a child in 2014, but they never cohabited or had a relationship (they had several casual encounters only). The father was not present …
Read MoreThe 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 …
Read MoreAn 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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