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 …
Read MoreIn a recent case, an Ontario court considered whether it could grant a father’s request to vary parenting time without proceeding to trial. The Parties’ Story The parties were married in September 2001 and separated in June 2011. They had four children together, ages 17, 15, 13 and 7. In July 2016, the parties entered …
Read MoreThe 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 …
Read MoreIs 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 …
Read MoreAn 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 …
Read MoreThere 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 …
Read MoreIn 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. …
Read MoreThe 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 …
Read MoreAn 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 …
Read MoreAn 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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