A Nova Scotia court recently explored a dispute between two divorced parents, in which the father claimed that the mother had forged his signature on a government form and changed the last name of their child without his permission. The Name Change: What Happened? The child in question was born in 2009. At the time, …
Read MoreIn a decision in which a father sought a court order forcing the mother of his child to return to Toronto after she moved to New Brunswick in violation of a previous court order, an Ontario court permitted the mother to remain in New Brunswick, based on the best interests of the child in question. …
Read MoreCellphone videos and photos have become an epidemic in family law cases. Almost every client who comes in the door wants to show me a video of his or her spouse behaving badly. This is particularly so in custody cases. One parent videos (often surreptitiously) the other parent’s interactions with the child, in the hopes …
Read MoreJustice Sloan of the Ontario Superior Court of Justice recently observed that, Deciding the custody and access of children is part science and part art. In Henderson v. Cayuga, Justice Sloan was asked to rule on a motion with respect to the residency schedule of a 4-year-old girl, Sophie. Sophie’s father expressed serious concerns about …
Read MoreHow much money is too much money to spend battling your ex? How much time is too much time to spend battling your ex? How much conflict is too much conflict to endure while you battle your ex? A Cautionary Tale for Parents M. v. F., a 2015 decision of the Ontario Court of Appeal, …
Read MoreA Manitoba Court recently examined the relationship between mental illness and parenting when it was asked to rule on the issue of custody with respect to the children of a divorced couple who were dealing with the mother’s Delusional Disorder diagnosis and the father’s violent temper. In Ulloa v. Ulloa, the parties each took the position that the …
Read MoreWhen parties with children go through a separation or divorce one of the most urgent issues to address is the visitation schedule. Whether one parent has sole custody or the parties have agreed to (or have been ordered to) share physical custody of the children, a child’s scheduled time with each parent must be given careful consideration. …
Read MoreWhether it sneaks up on you every single time or you have it diarized years in advance, passport renewal time is never really something we look forward to. And when you are separated or divorced, the process can be even more burdensome. Passport Canada has very precise rules about children’s passport applications. The parent making …
Read MoreThe Ontario Court of Appeal recently ruled on the question of whether a mother wrongfully retained her children in Canada, in breach of the father’s custody rights under German law. The Court ordered the mother to return the children to Germany where the father lived. As we recently commented in an article published on AdvocateDaily.com, we …
Read MoreIn a previous blog post, we explored the meaning of joint custody and reviewed some scenarios in which it would be the appropriate custodial situation for a child. Joint custody gives both parents full decision-making authority and responsibility in all areas respecting the child. Major decisions regarding the child’s health, education, and well-being are made together. We explained …
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