Category: Child Custody and Access (Parenting Time and Decision Making Responsibility)

When people separate or divorce, it’s not uncommon for one of the parties to look to move away. That’s usually not something that requires discussion. But when children are involved, and one of the parents wants to move, that’s when the courts may have to decide whether such a move is in the best interests …

One of the most difficult aspects of separation or divorce for children and parents can be those related to parenting time. It’s not uncommon for one parent to feel that the other is not a suitable parent, or that they may find themselves unhappy that the other parent is getting time with the children. However, …

When a couple goes through a separation or divorce, they may turn to the courts to establish responsibilities such spousal support, child support, and access to children. Orders can come in a number of forms, including interim and final orders. The former is intended to temporarily establish responsibilities while awaiting a court date, while the …

At what point is it reasonable to terminate an order for supervised access? That is the very question the court considered in a recent case. As the court noted, while resolution is always encouraged, judges have the ultimate responsibility to ensure that orders in relation to children are safe and appropriate. The Children’s Aid Society …

Nearly three years ago, Gelman & Associates’ Irina Davis represented a father in a case dealing with custody and access where the parents had a relationship high in conflict and were unable to make parenting decisions together. Over two years since the original order, the parties have found themselves back in court after the mother’s …

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 …

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 …

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 …

The upcoming return of the school year has many families concerned about whether their children will be safe at school as well as whether another shutdown to the academic year could occur should there be another rise in COVID-19. In a recent decision from the Ontario Superior Court of Justice, two parents could not agree …

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 …