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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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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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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