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, …
Read MoreIn 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 …
Read MoreAn Ontario court recently considered an interesting case where the question of whether a party’s spouse and/or children can be ordered to attend therapy was raised. What Happened? The parties were married in July 2001 and separated in April 2009. The parties had two children of the marriage: C, born in May 2003, and …
Read MoreWe’ve previously blogged about a Jamaican mother who had been seeking to stop the adoption of her son by a family in British Columbia. Recently, following a 4-day hearing, a B.C. Provincial Court judge ruled against the woman, granting custody of the child to the B.C. Ministry of Child and Family Development (the Ministry) A …
Read MoreThe 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 …
Read MorePlease see my latest interview on the Hague Convention and the newly expanded habitual residence test: https://www.advocatedaily.com/jennifer-samara-shuber-scc-family-law-bar-divided-on-habitual-residence-test.html
Read MoreThe 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 …
Read MoreAn Ontario court recently assessed a motion filed by a father seeking to prevent the mother of his children from moving into a different school district. The court declined to make the order, noting that they did not want to restrict the mother’s ability to find affordable housing. What Happened? The parties met in Indonesia …
Read MoreA recent decision by an appeal court in New York state has denied a sperm donor’s request to have a paternity test in order to be recognized as a child’s legal parent, noting that “biology is not dispositive in a court’s paternity determination.” What Happened? A man in question donated sperm to two lesbian women …
Read MoreA judge in Nova Scotia gave custody of a toddler back to the child’s birth parents after finding that there would be no substantial risk of physical or mental harm to the child. The child had been removed from the parents care by the Minster of Community Services who felt that the parent’s mental health …
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