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Understanding Parental Rights During a Divorce

  If you are a parent and find yourself going through a divorce, we understand that the most challenging thing you’re facing is learning to co-parent your children under your new circumstances.  The complicated and sensitive process of dividing assets and agreeing upon spousal support when settling a divorce can be time-consuming and tumultuous but …

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Parent Visitation Rights

In divorce proceedings, the court usually awards child custody to one of the parents. This limits the other parent to only having visitation rights.  In some cases, both parents are able to reach an agreement by themselves on which one should get custody. This is the more amicable route.  However, it is also common for …

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Understanding Parental Rights During a Divorce

  If you are a parent and find yourself going through a divorce, we understand that the most challenging thing you’re facing is learning to co-parent your children under your new circumstances.  The complicated and sensitive process of dividing assets and agreeing upon spousal support when settling a divorce can be time-consuming and tumultuous but …

Read More

Parent Visitation Rights

In divorce proceedings, the court usually awards child custody to one of the parents. This limits the other parent to only having visitation rights.  In some cases, both parents are able to reach an agreement by themselves on which one should get custody. This is the more amicable route.  However, it is also common for …

Read More

Court Upholds Mother’s Decision to Deny Access to Stepfather

What happens when a party wants to deny their ex-spouse, a stepparent, access to their child? In a recent case, an Ontario court considered a mother’s request to prevent her ex-spouse, Mr. L, from seeing her daughter. Mother Brings Child into Relationship The parties began to live together around December 2017 and separated in the …

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Contempt of Court for Breaching Access Orders

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 …

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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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Stepparents and Access to Children

In 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. …

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Is Parental Alienation a Mental Health Issue?

The 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 …

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Does a Child Getting Older Constitute a “Material Change in Circumstances” When Varying Parenting Time?

An 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 …

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Failure to Ensure Procedural Fairness in Arbitration is Denial of Natural Justice

An 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 …

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