The 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, …
Read MoreThe Children’s Law Reform Act states: “The court before which an application is brought in respect of custody of or access to a child, by order, may appoint a person who has technical or professional skill to assess and report to the court on the needs of the child and the ability and willingness of …
Read MoreChildren can refuse visitations at any age, but the onus is on the non-access parent to facilitate access. Generally, the older a child is, the more deference will be given to his or her wishes. Once a child is in his or her early teens, the child can “vote with their feet.” Generally speaking, the …
Read MoreSole custody is where one parent has custody or the child. That is, they have the right to make the important decisions about the care and upbringing of a child on their own. Custody normally includes the physical care, control and upbringing of the child, but does not mean that the child resides with just …
Read MoreIt is not uncommon for someone to relocate after a divorce (i.e. moving out or away). But if you have children you might want to think twice. You need to consider the emotional needs of your child(ren), as well as your former spouse’s right to challenge your relocation. Typically, courts only allow a custodial parent …
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