When parties with children go through a separation or divorce one of the most urgent issues to address is the visitation schedule. Whether one parent has sole custody or the parties have agreed to (or have been ordered to) share physical custody of the children, a child’s scheduled time with each parent must be given careful consideration. …
Read MoreWhether it sneaks up on you every single time or you have it diarized years in advance, passport renewal time is never really something we look forward to. And when you are separated or divorced, the process can be even more burdensome. Passport Canada has very precise rules about children’s passport applications. The parent making …
Read MoreThe Ontario Court of Appeal recently ruled on the question of whether a mother wrongfully retained her children in Canada, in breach of the father’s custody rights under German law. The Court ordered the mother to return the children to Germany where the father lived. As we recently commented in an article published on AdvocateDaily.com, we …
Read MoreIn a previous blog post, we explored the meaning of joint custody and reviewed some scenarios in which it would be the appropriate custodial situation for a child. Joint custody gives both parents full decision-making authority and responsibility in all areas respecting the child. Major decisions regarding the child’s health, education, and well-being are made together. We explained …
Read MoreThe Ontario Superior Court of Justice recently rendered a decision on a motion in which the father sought an order requiring the couple’s child, Scarlet, to move from Toronto to live in the United Kingdom with him and attend a particular school in Cheltenham, England. Scarlet’s Mom opposed the move. The Facts in Barker v. Barker …
Read MoreIn a recent decision of the Ontario Court of Justice (Mohammad v. Mahmood), the Court was asked to consider whether it was appropriate to change an order for joint custody to an order for sole custody in favour of the father. Background Facts In 2012, Mr. Mohammad and Ms. Mahmood settled the issue of custody of …
Read MoreIn Family Law, the term “custody” refers to parental decision-making and authority respecting a child. In 1993, the Supreme Court of Canada stated that “…the custodial parent is responsible for the care and upbringing of the child, including decisions concerning the education, religion, health and well-being of the child.” (Young v. Young) There are several …
Read MoreLegal professionals, judges and therapists have all contemplated on how to ascertain the views and preferences of children in custody and access disputes. There are several ways that children’s views and preferences are engaged in the family law process. Children have testified in family court during a trial, have been interviewed by judges, have been …
Read MoreYou’ve planned every detail of your trip. Your bags are packed, you’ve booked time off work, and you’ve arranged for your neighbour to take in the newspaper and feed your furry or feathered companion. The kids are excited about your destination and talk non-stop about the adventures that will unfold along the way. You’re all …
Read MoreIn a recent decision of the Ontario Court of Justice, the Court denied a father expanded access to his two young children despite the fact that the Court accepted the father’s assertion that he legitimately wanted to spend more time with his kids. Not only did the Court deny the father’s motion for greater access, …
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