An Ontario court recently assessed a motion filed by a father seeking to prevent the mother of his children from moving into a different school district. The court declined to make the order, noting that they did not want to restrict the mother’s ability to find affordable housing. What Happened? The parties met in Indonesia …
Read MoreA judge in Nova Scotia gave custody of a toddler back to the child’s birth parents after finding that there would be no substantial risk of physical or mental harm to the child. The child had been removed from the parents care by the Minster of Community Services who felt that the parent’s mental health …
Read MoreAn 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 …
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