In a recent case, an Ontario court heard a father’s motions to find the mother in contempt of court for failing to facilitate access in accordance with court orders. In considering the motions, the court had to consider the interesting question of when, and in what circumstances, it would be appropriate to find a party …
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 MoreIn today’s world, families are becoming more diverse than ever before. What happens when a stepparent wants access to a child? In a recent case, an Ontario court considered this interesting question when it heard a stepmother’s request for access to a nine-year-old boy. The Parties’ Story The mother and father had one child together. …
Read MoreIn a recent case, an Ontario court considered whether it could grant a father’s request to vary parenting time without proceeding to trial. The Parties’ Story The parties were married in September 2001 and separated in June 2011. They had four children together, ages 17, 15, 13 and 7. In July 2016, the parties entered …
Read MoreThe concept of parental alienation can, unfortunately, be common in the practice of family law; one that can affect decisions relating to support or even custody in some cases. However, parental alienation may soon also be considered a medical diagnosis, labelled as a disease with long-term repercussions affecting the children of parents who use manipulation …
Read MoreAn Ontario court recently considered the interesting question of what constitutes a material change in circumstances when determining a party’s request to vary parenting time. The Parties’ Story The parties had a child in 2014, but they never cohabited or had a relationship (they had several casual encounters only). The father was not present …
Read MoreAn Ontario court recently considered whether or not it should overturn an arbitration award because one of the parties only received notice that mobility was an issue the day before the arbitration commenced. Background The parties were married in May 2003 and separated in January 2011. They had three children together. In 2013, the …
Read MoreAn Ontario court recently dismissed a same-sex parent’s application for temporary access. What Happened? The parties, S and H, were both 18 years old. They had an intermittent, same-sex romantic relationship since at least 2014. S became pregnant with a child while she was in a relationship with her then boyfriend. The child was …
Read MoreIn a recent Ontario case, the court considered the interesting question of whether parental consent is required for, and whether a parent is entitled to notice of, an application to adopt an adult. What Happened? The adult child, D, was born in October 1991. D had a mother and a stepfather. He had not …
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 …
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