Court Grapples With Child Abduction Across Borders

International boundaries can introduce numerous complications when child custody is an issue between parents going through separation or divorce. When one parents wants to move to another country with the child, the other parent may object. Courts can consider a number of factors when determining where the child “habitual residence” is when deciding where the …

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Court Grants Mother Interim Sole Custody of Child

An Ontario court recently considered the interesting question of whether or not it was appropriate to grant interim custody to a parent while proceedings were underway. The Parties’ Story and Positions The parties began living together in May 2014 and separated in October 2018. They had one child together, who was born in 2016. The …

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Tips For Vacation Planning For Divorced Or Separated Parents

Planning summer activities and vacations for school-aged children can be an extremely time-consuming exercise. For parents who have divorced or separated, there can be added complexities in trying to accommodate vacations with pre-existing custody arrangements and the need to accommodate multiple households in planning. With that in mind, we’d like to offer our readers some …

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Is Parental Alienation a Mental Health Issue?

The concept of parental alienation can, unfortunately, be common in the practice of family law; one that can affect decisions relating to support or even custody in some cases. However, parental alienation may soon also be considered a medical diagnosis, labelled as a disease with long-term repercussions affecting the children of parents who use manipulation …

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Court Determines That it Lost Jurisdiction in Custody Dispute

Is it possible for a court, which has jurisdiction to deal with a matter, to subsequently lose jurisdiction? In a recent decision, an Ontario court found that, indeed, it could not maintain jurisdiction over the parties’ custody dispute since they had both returned to live in Japan.   The Parties’ Story In 2011, the parties …

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Does a Child Getting Older Constitute a “Material Change in Circumstances” When Varying Parenting Time?

An Ontario court recently considered the interesting question of what constitutes a material change in circumstances when determining a party’s request to vary parenting time.   The Parties’ Story The parties had a child in 2014, but they never cohabited or had a relationship (they had several casual encounters only). The father was not present …

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Considerations For Divorced Parents Planning A Vacation With A Child

There are a number of situations that can prove to be more difficult for divorced or separated parents that may not be obvious to the parties involved until it’s too late for proper planning.  One such example is vacation planning. With March Break around the corner, we thought it would be a good time to …

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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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