Court Orders Mother to Undergo a Capacity Assessment

In 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.   …

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When Sole Custody is More Appropriate Than Joint Custody

The 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 …

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Failure to Ensure Procedural Fairness in Arbitration is Denial of Natural Justice

An Ontario court recently considered whether or not it should overturn an arbitration award because one of the parties only received notice that mobility was an issue the day before the arbitration commenced.   Background The parties were married in May 2003 and separated in January 2011. They had three children together. In 2013, the …

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When the Court Will Stay an Order Pending Appeal

An Ontario court recently considered an interesting case where one party sought a stay of two orders pending appeal.   The Parties’ Story The parties were the parents of a five-year-old child. They separated when the child was approximately one year old. The child resided primarily with the mother after the parties’ separation, until June …

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Dispensing with Privacy: Court Orders Spouse to Produce Medical Records

An Ontario court recently considered if the father of a young child had a right to privacy or whether he should be compelled to produce the medical records in relation to his alcohol dependency and mental health issues.   What Happened? The parties met in September 2014. They cohabited from October 2016 to January 2017, …

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Grandparents Unsuccessfully Fight for Custody of Children

In 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 …

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A Question of Jurisdiction: When Ontario Courts Can Decide Custody and Access Matters

The 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 …

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Ontario Court of Appeal Overturns Previous Order Compelling Mother to Return Children to England

The 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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