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Mother Granted Exclusive Possession of Matrimonial Home Over COVID-19 Concerns

Parents who share custody and access arrangements for their children have been facing a number of challenges during the ongoing COVID-19 pandemic. In some cases, such as Ribeiro v. Wright, which we discussed in a previous blog, the parent with primary custody has made attempts to suspend the other parent’s access out of fear of …

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How COVID-19 Impacts Family Court Decisions

Over the last few weeks we have used our blog to share news about how COVID-19 is impacting the family courts in Ontario. The courts are currently only hearing urgent matters. The decision we’d like to discuss today is an excellent example of both the types of issues the courts are dealing with as well …

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Stepparents and Access to Children

In today’s world, families are becoming more diverse than ever before. What happens when a stepparent wants access to a child? In a recent case, an Ontario court considered this interesting question when it heard a stepmother’s request for access to a nine-year-old boy. The Parties’ Story The mother and father had one child together. …

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Contempt in Family Law Proceedings

In a recent decision, an Ontario court grappled with the interesting question of when it may be appropriate to find a party in contempt in the context of family law proceedings. The Parties’ Story The parties separated in January 2016. They had two children together, ages seven and three. Since separation, the parties had been …

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Revisiting The Considerations Around Relocating a Child

One of the more difficult issues to solve when it comes to matters of child custody and access is what to do when one of the parents of a child wishes to move, with the child, to a location further away than they already are from the other parent. A recent decision from the Superior …

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Access by a Non-Parent

Sometimes a party will seek access to a child even when that party is not the child’s biological parent. In a recent case, an Ontario court considered a man’s request for access to a child that he had not seen for over a year. Interestingly, that child was also not the man’s biological son. The …

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Court Refuses to Set Aside Restraining Order

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 …

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Court Finds Mother in Contempt

Court 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 …

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Court Grants Mother Interim Sole Custody of Child

An 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 …

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