You’ve undoubtedly heard the name Katelynn Sampson along with the unforgettable details of the physical abuse she endured at the hands of the people charged with her care and safety. Seven-year-old Katelynn died in 2008 after her body went into septic shock. Her autopsy revealed that she had 70 wounds at the time of her death, …
Read MoreThe Basics of a Paternity Agreement A “Paternity Agreement” is a type of Domestic Contract. A Paternity Agreement will typically arise in a situation where parties: have a child or children together; are not married; and are ending the relationship. The Family Law Act of Ontario (FLA) defines a Paternity Agreement as follows: Definitions 1. (1) In this …
Read MoreA Manitoba Court recently examined the relationship between mental illness and parenting when it was asked to rule on the issue of custody with respect to the children of a divorced couple who were dealing with the mother’s Delusional Disorder diagnosis and the father’s violent temper. In Ulloa v. Ulloa, the parties each took the position that the …
Read MoreWhen parties with children go through a separation or divorce one of the most urgent issues to address is the visitation schedule. Whether one parent has sole custody or the parties have agreed to (or have been ordered to) share physical custody of the children, a child’s scheduled time with each parent must be given careful consideration. …
Read MoreWe recently highlighted a CBCNews article that discussed the plight of grandparents who have been denied access to their grandchildren after the separation or divorce of their child. An estimated 75,000 Ontario grandparents have been denied access to about 112,000 children. A private member’s bill that aims to ensure courts give grandparents a chance to make their case …
Read MoreIn Family Law Act (Re), Justice Fitzpatrick of the Supreme Court of British Columbia granted a same sex couple’s application for a declaration of parentage following the birth of their child. The child’s birth was made possible by the contribution of eggs from a female donor and the participation of a surrogate mother. In addition to …
Read MoreWhether it sneaks up on you every single time or you have it diarized years in advance, passport renewal time is never really something we look forward to. And when you are separated or divorced, the process can be even more burdensome. Passport Canada has very precise rules about children’s passport applications. The parent making …
Read MoreThe Ontario Court of Appeal recently ruled on the question of whether a mother wrongfully retained her children in Canada, in breach of the father’s custody rights under German law. The Court ordered the mother to return the children to Germany where the father lived. As we recently commented in an article published on AdvocateDaily.com, we …
Read MoreIn a previous blog post, we explored the meaning of joint custody and reviewed some scenarios in which it would be the appropriate custodial situation for a child. Joint custody gives both parents full decision-making authority and responsibility in all areas respecting the child. Major decisions regarding the child’s health, education, and well-being are made together. We explained …
Read MoreThe Ontario Superior Court of Justice recently rendered a decision on a motion in which the father sought an order requiring the couple’s child, Scarlet, to move from Toronto to live in the United Kingdom with him and attend a particular school in Cheltenham, England. Scarlet’s Mom opposed the move. The Facts in Barker v. Barker …
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