As the situation with COVID-19 continues to change and develop, some parties have been challenging their parenting arrangements. In this recent case, an Ontario court considered the mother’s request to suspend the father’s access to their child because the father had chosen to self-isolate with his new partner (and her family) at a cottage. The …
Read MoreAn Ontario court recently considered the interesting question of what should happen when one parent fails to follow recent COVID-19 protocols. In this case, the mother brought a motion to suspend the father’s access to their child until he provided evidence that he was complying with public safety directives. The Background The parties had one …
Read MoreA couple of weeks ago we wrote about how the courts in Ontario are responding to the COVID-19 crisis. We had noted that family issues were only being heard if matters were urgent. It’s been two weeks since that announcement and we are starting to see how the courts are responding to urgent requests. In …
Read MoreIn a recent Ontario case, the court considered the interesting question of how to determine a child’s “habitual residence” for the purpose of an application under the Convention on the Civil Aspects of International Child Abduction (the Hague Convention). The Background The parties began dating in May 2017, started living together in June 2017, and …
Read MoreIn a recent case, an Ontario court considered both the mother and father’s requests for interim custody of their child. This case highlights the kinds of questions a court must grapple with in determining what custodial and residential arrangements are in a child’s best interests. The Background The parties began living together in May 2014 …
Read MoreThe mother in a recent Ontario case sought her costs of litigation, which amounted to $456,411.14, inclusive of disbursements and HST. The court had to determine whether the father’s conduct had been so unreasonable that it warranted ordering him to pay those costs. The Parties’ Story The parties were involved in acrimonious litigation for two …
Read MoreOn May 22, 2018, the federal Minister of Justice introduced Bill C-78, a Bill that proposes to amend, among other legislation, the Divorce Act; Canada’s federal family law statute governing divorce, separation and parenting. The amendments are designed to respond to the public (and the legal profession’s) desire for the law to better reflect 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 rights of the child and their best interest should trump a parent’s “right” to shared parenting. Read my article at http://www.advocatedaily.com/jennifer-samara-shuber-childs-rights-trump-parents-in-custody-arrangements.html.
Read MoreMany of the clients I see have not yet separated. They are having problems in their relationships and they consult with me to discuss their rights and obligations in the event of a separation. For parents, the issue of the children is front and centre. Parents invariably ask me how and what to tell the …
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