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Father’s Approach To COVID-19 Measures Leads To Reduced Parenting Time

One of the most difficult parts of the process of separation or divorce for parents can be determining how child custody and access can be arranged. What’s more, is that even when an arrangement is settled upon, there can be factors that cause the arrangement to be called into question. When the child or children …

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Child Support and Claims for Undue Hardship

What happens when one party seeks to impute income to the other party for the purposes of calculating child support? In a recent decision, the court considered that very question when a mother brought a motion for a temporary order for sole custody and child support. The Mother Leaves The parties met in or around …

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The Children’s Best Interests: Changing Residences and Schools During COVID-19

As the court in a recent case stated, the pre-Labour-Day “Let’s Change Johnny’s School” urgent motion has become somewhat of an unwanted annual tradition. In this instance, the father brought a motion to change both the country where the children were going to live and where the children were going to go to school. The …

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Allegations Against Father Lead To Reduced Access

We have spent a lot of time during the COVID-19 pandemic covering cases where the courts are asked to determine whether or not a matter is urgent. While some matters might be deemed insufficiently urgent, leaving the parties to have to wait until courts resume normal activities before pursuing their matters, some types of issues …

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Mother Granted Exclusive Possession of Matrimonial Home Over COVID-19 Concerns

Parents who share custody and access arrangements for their children have been facing a number of challenges during the ongoing COVID-19 pandemic. In some cases, such as Ribeiro v. Wright, which we discussed in a previous blog, the parent with primary custody has made attempts to suspend the other parent’s access out of fear of …

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Determining Whether a Matter is “Urgent” Under the New COVID-19 Protocol

As noted in an earlier post, the regular operations of the Ontario Superior Court of Justice have been suspended under the Notice to the Profession of the Chief Justice of Ontario (the Notice) since March 15, 2020. A determination of “urgency” must therefore be made pursuant to the Notice. In a recent case, the Superior …

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Requests For Relocation on an Interim Basis

What happens when one party wants to relocate to another city with their child(ren)? In a recent case, an Ontario court considered a mother’s motion to move from one area of Ontario to another. The Background The parties had two children, ages three and six. In May 2018, the father was charged with several criminal …

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How Does the Court Determine a Child’s “Habitual Residence”?

In a recent Ontario case, the court considered the interesting question of how to determine a child’s “habitual residence” for the purpose of an application under the Convention on the Civil Aspects of International Child Abduction (the Hague Convention). The Background The parties began dating in May 2017, started living together in June 2017, and …

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Are Adult Students Entitled To Child Support?

Child support obligations can be one of the more difficult aspects of a divorce or separation for people to handle in a financial sense. While popular culture references might tell us that child support obligations end when a child turns 18, that’s not always the case. We’ve spent some time in previous blogs talking about …

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Court Considers Whether Police Enforcement Of Order Is Necessary

One of the most challenging aspects of divorce or separation for parents is shielding children from any hostile or negative interactions between the parents. While there are options parents can choose to address this risk, such as entering private mediation as opposed to waging public court battles, there is always a chance that interactions down …

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