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Temporary Parenting (Formerly Custody) Orders: How Long do They Last in Divorce?

Divorce is often a distressing and emotionally taxing experience.  Unfortunately, when children are involved, divorcing parties cannot simply walk away from one another and never look back.  Separating from a co-parent means that you can never truly be disconnected from your former spouse, and you must find a way to move forward with the best …

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Parents Can’t Agree On Whether Mother and Child Can Move To Alberta

When people separate or divorce, it’s not uncommon for one of the parties to look to move away. That’s usually not something that requires discussion. But when children are involved, and one of the parents wants to move, that’s when the courts may have to decide whether such a move is in the best interests …

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The Children’s Best Interests: Changing Residences and Schools During COVID-19

As the court in a recent case stated, the pre-Labour-Day “Let’s Change Johnny’s School” urgent motion has become somewhat of an unwanted annual tradition. In this instance, the father brought a motion to change both the country where the children were going to live and where the children were going to go to school. The …

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Enforcing Access During the COVID-19 Pandemic

In a recent decision, an Ontario court considered the interesting question of what happens when one parent withholds access to a child during the COVID-19 pandemic. The Background The parties were separated. They had one child together, who was two years old. The child had some ongoing health issues, including a neuromuscular disorder with previous …

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Court Recognizes Appropriateness of Self-Isolating at a Cottage During COVID-19

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 …

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Complying With COVID-19 Protocols

An 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 …

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Courts Weigh What Constitutes An Emergency During COVID-19 Crisis

A 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 …

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How Does the Court Determine a Child’s “Habitual Residence”?

In 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 …

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Considerations Regarding Interim Custody

In 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 …

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Court Orders Father to Pay Exorbitant Costs Award

The 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 …

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