When 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 MoreIn a recent case, an Ontario court considered if it should permit the children to relocate with their mother to another school district. Father Opposed Mother Moving Children to New School District The parties were married in September 2000 and separated in April 2018. They had three children, born in 2002, 2005 and 2009. In …
Read MoreWe’ve blogged in the past about the Hague Convention on Civil Aspects of International Child Abduction (“Hague Convention”). The Hague Convention is an agreement amongst a number of countries to deal with how a child’s abduction from one country to another participating country is handled. But what about when one of the countries involved is not …
Read MoreWe have spent a lot of time during the COVID-19 pandemic covering cases where the courts are asked to determine whether or not a matter is urgent. While some matters might be deemed insufficiently urgent, leaving the parties to have to wait until courts resume normal activities before pursuing their matters, some types of issues …
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 MoreWhat happens when one party wants to relocate to another city with their child(ren)? In a recent case, an Ontario court considered a mother’s motion to move from one area of Ontario to another. The Background The parties had two children, ages three and six. In May 2018, the father was charged with several criminal …
Read MoreIn a recent Ontario case, the court considered the interesting question of how to determine a child’s “habitual residence” for the purpose of an application under the Convention on the Civil Aspects of International Child Abduction (the Hague Convention). The Background The parties began dating in May 2017, started living together in June 2017, and …
Read MoreOne of the most challenging aspects of divorce or separation for parents is shielding children from any hostile or negative interactions between the parents. While there are options parents can choose to address this risk, such as entering private mediation as opposed to waging public court battles, there is always a chance that interactions down …
Read MoreIn a recent case, an Ontario court heard a father’s motions to find the mother in contempt of court for failing to facilitate access in accordance with court orders. In considering the motions, the court had to consider the interesting question of when, and in what circumstances, it would be appropriate to find a party …
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