An Ontario court recently considered a situation where the parties’ custody and access proceedings were adjourned so that the Office of the Children’s Lawyer (OCL) could become involved and potentially conduct an investigation under section 112 of the Courts of Justice Act (CJA). What happened? The parties were married in July 2013 and separated in …
Read MoreAn Ontario court recently examined a request by a non-parent for access to a child, and found that it would not be in the child’s best interests to have continued contact with his mother’s ex-boyfriend (who was not his biological father). What Happened? The man in question (the Applicant) was not the biological father of …
Read MoreAn interesting decision from Ontario took away a father’s joint custody of his son, but allowed him to retain access so that the son, who was a competitive hockey player, could “… have a sense of relaxation which he currently enjoys at this father’s home in contrast the rigors of a very busy schedule while …
Read MoreAn Ontario court recently considered a contested interim parenting arrangement. In making a final decision on care and control of the child in question, the court had to determine what the status quo was in relation to custody and access of the child prior to her parent’s separation. What Happened? The party’s relationship began in …
Read MoreA recent Ontario Court of Appeal decision demonstrates that a judge can interview a child to determine that child’s best interests, but only where an interview is the only practical method of obtaining the child’s opinion in a timely fashion. What Happened? The separating parents were never married, but had a child together. In August …
Read MoreThe Court of Appeal recently ruled on a situation involving complicated family dynamics, allegations of abuse, and a restraining order. The Court removed a condition in an order requiring a father to attend family counselling meetings with his ex-wife, her new partner, and the former couple’s children. The Court did not find these terms appropriate …
Read MoreThe Ontario Superior Court recently addressed the question, “Do nude pictures of parents help judges decide who should get custody?”. Justice Pazaratz answered in the negative and criticized a father for attaching series of nude selfies of his ex-spouse to an affidavit that he filed in support of his motion for a custody change. The …
Read MoreIn a decision in which a father sought a court order forcing the mother of his child to return to Toronto after she moved to New Brunswick in violation of a previous court order, an Ontario court permitted the mother to remain in New Brunswick, based on the best interests of the child in question. …
Read MoreIn December 2016, 9-year-old Layla Sabry was the subject of an Amber Alert after her mother, Allana Haist, took her and went into hiding instead of attending a scheduled court hearing. After a 10-day Canada-wide manhunt, Ms. Haist was arrested in Hamilton, Ontario. Custody Battle Layla was born and primarily raised in Egypt by her mother …
Read MoreJustice Sloan of the Ontario Superior Court of Justice recently observed that, Deciding the custody and access of children is part science and part art. In Henderson v. Cayuga, Justice Sloan was asked to rule on a motion with respect to the residency schedule of a 4-year-old girl, Sophie. Sophie’s father expressed serious concerns about …
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