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 …
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 …
Read MoreSince 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 …
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