An Ontario court recently considered a situation where the parties’ custody and access proceedings were adjourned so that the Office of the Children’s Lawyer (OCL) could become involved and potentially conduct an investigation under section 112 of the Courts of Justice Act (CJA). What happened? The parties were married in July 2013 and separated in …
Read MoreAn Ontario court recently examined a request by a non-parent for access to a child, and found that it would not be in the child’s best interests to have continued contact with his mother’s ex-boyfriend (who was not his biological father). What Happened? The man in question (the Applicant) was not the biological father of …
Read MoreAn Ontario court recently grappled with the interesting question of when it is and is not appropriate for a parent to be prohibited from changing the name(s) of their children after a separation. As we’ve explored previously, this is often a source of tension for separating parents. In this case, the court allowed the mother …
Read MoreThe rights of the child and their best interest should trump a parent’s “right” to shared parenting. Read my article at http://www.advocatedaily.com/jennifer-samara-shuber-childs-rights-trump-parents-in-custody-arrangements.html.
Read MoreAn interesting decision from Ontario took away a father’s joint custody of his son, but allowed him to retain access so that the son, who was a competitive hockey player, could “… have a sense of relaxation which he currently enjoys at this father’s home in contrast the rigors of a very busy schedule while …
Read MoreAn Ontario court recently considered a contested interim parenting arrangement. In making a final decision on care and control of the child in question, the court had to determine what the status quo was in relation to custody and access of the child prior to her parent’s separation. What Happened? The party’s relationship began in …
Read MoreEarlier this year, an eight-month-old baby in British Columbia made international news when the child was issued a health card that does not specify a sex. The document is widely believed to be a first, both in Canada and worldwide. A Health Card with No Specified Sex The child’s parent, Kori Doty, a non-binary transgender …
Read MoreA recent Ontario Court of Appeal decision demonstrates that a judge can interview a child to determine that child’s best interests, but only where an interview is the only practical method of obtaining the child’s opinion in a timely fashion. What Happened? The separating parents were never married, but had a child together. In August …
Read MoreA recent Ontario decision discussed the circumstances under which separated or divorced parents have an obligation to a child who had been emancipated. Specifically, the court reviewed whether the father of a 17-year old daughter who had left home and obtained a legal emancipation order was responsible for financial supporting her through university. Emancipated Daughter …
Read MoreThe Ontario Superior Court recently addressed the question, “Do nude pictures of parents help judges decide who should get custody?”. Justice Pazaratz answered in the negative and criticized a father for attaching series of nude selfies of his ex-spouse to an affidavit that he filed in support of his motion for a custody change. The …
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