An 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. …
Read MoreThe court recently considered when it might be appropriate to grant sole custody to one party over the other. The Parties’ Story The parties were married for three years before they separated in 2010. They had two children, born in 2008 and 2010. In 2012, the parties executed a separation agreement, in which they …
Read MoreAn Ontario court recently granted a mother’s request seeking an order that her child attend a specific school for the upcoming school year. A Special Needs Child The parties separated in 2008. The parties had one child, X, who was 13 years old and starting grade 8 in September 2018. The parties had shared …
Read MoreIn a recent Ontario case, the court had to determine whether a father should have interim custody of his two children or whether the children should continue to live with their grandparents. The Facts The parties were married in November 2010 and separated in November 2016. They had two children, born in 2011 and …
Read MoreWe’ve previously blogged about a Jamaican mother who had been seeking to stop the adoption of her son by a family in British Columbia. Recently, following a 4-day hearing, a B.C. Provincial Court judge ruled against the woman, granting custody of the child to the B.C. Ministry of Child and Family Development (the Ministry) A …
Read MoreThe Ontario Court of Appeal recently decided a case where the mother, who had unilaterally taken the parties’ children from Nigeria to Ontario, sought custody of the children. In allowing the mother’s appeal from a decision that dismissed her original application, the court outlined the various factors it had to consider in deciding whether the …
Read MorePlease see my latest interview on the Hague Convention and the newly expanded habitual residence test: https://www.advocatedaily.com/jennifer-samara-shuber-scc-family-law-bar-divided-on-habitual-residence-test.html
Read MoreAn Ontario court recently outlined the factors that must be considered when determining whether a party who is not a biological parent will be granted access to a child. What happened? The respondent parents had one child, who was nine years old. The parents, who were no longer together, had always co-parented the child without …
Read MoreThe Ontario Court of Appeal has overturned an earlier decision by an Ontario judge which compelled the mother of two children who had taken her children from England to Canada to return the children to their father in England. The Court found that the original application judge who had heard the father’s Hague Convention application …
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