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 …
Read MoreSometimes 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 …
Read MoreInternational boundaries can introduce numerous complications when child custody is an issue between parents going through separation or divorce. When one parents wants to move to another country with the child, the other parent may object. Courts can consider a number of factors when determining where the child “habitual residence” is when deciding where the …
Read MoreAn 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 …
Read MorePlanning summer activities and vacations for school-aged children can be an extremely time-consuming exercise. For parents who have divorced or separated, there can be added complexities in trying to accommodate vacations with pre-existing custody arrangements and the need to accommodate multiple households in planning. With that in mind, we’d like to offer our readers some …
Read MoreWhen parents get separated or divorced, it shouldn’t come as a surprise that there are disagreements between them, and that they may not get along. However, no matter how one parent feels about the other, it’s important to remember how critical it is to always treat the other parent in a way that isn’t considered …
Read MoreIn a recent case, an Ontario court considered whether it could grant a father’s request to vary parenting time without proceeding to trial. The Parties’ Story The parties were married in September 2001 and separated in June 2011. They had four children together, ages 17, 15, 13 and 7. In July 2016, the parties entered …
Read MoreIs it possible for a court, which has jurisdiction to deal with a matter, to subsequently lose jurisdiction? In a recent decision, an Ontario court found that, indeed, it could not maintain jurisdiction over the parties’ custody dispute since they had both returned to live in Japan. The Parties’ Story In 2011, the parties …
Read MoreAn Ontario court recently considered the interesting question of what constitutes a material change in circumstances when determining a party’s request to vary parenting time. The Parties’ Story The parties had a child in 2014, but they never cohabited or had a relationship (they had several casual encounters only). The father was not present …
Read MoreIn some situations, one party in a proceeding may ask the court for an order directing the other party to undergo to a capacity assessment. An Ontario court recently considered this interesting question and explained when it might be appropriate to impinge upon a party’s autonomy and privacy interests by making such an order. …
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