Gelman & Associate's statement regarding COVID-19 - Read More

The Children’s Best Interests: Changing Residences and Schools During COVID-19

As 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 …

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Child’s Extended Visit With Father Alarms Mother

Issues 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 …

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Court Varies Parenting Order in the Face of COVID-19

Many 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 …

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Court Upholds Mother’s Decision to Deny Access to Stepfather

What 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 …

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The Difficulty Of Unscrambling An Egg

When 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 …

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Virtual Access During COVID-19

If 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 …

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Enforcing Access During the COVID-19 Pandemic

In 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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COVID-19 and Meeting the “Urgency Test”

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 …

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Parents Split During COVID-19 Making Custody An Urgent Matter

COVID-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 …

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Court Recognizes Appropriateness of Self-Isolating at a Cottage During COVID-19

As 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 …

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