The upcoming return of the school year has many families concerned about whether their children will be safe at school as well as whether another shutdown to the academic year could occur should there be another rise in COVID-19. In a recent decision from the Ontario Superior Court of Justice, two parents could not agree …
Read MoreIf the COVID-19 pandemic hit at a different time, parents would not have the option of exercising access virtually. Thankfully, modern technology provides parents with a myriad of ways of interacting with their children, even when apart. In a recent case, an Ontario court considered a mother’s motion for the continuation of FaceTime access between …
Read MoreIn 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 …
Read MoreWhat options does a parent who lives in a small space with their children during the COVID-19 pandemic have when their spouse continues to live in the larger matrimonial home? In a recent case, an Ontario court considered the question of whether it would be appropriate to reverse possession of the home so that the …
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 expressed its concern about the manner in which two parties had engaged in a protracted 9-day trial to determine their property issues. What happens when, as the court stated, the process “has taken over, to the detriment of both parties”? The Background The parties were married for four …
Read MoreCan parties really rely on contracts they sign with respect to spousal support? In a recent case, an Ontario court considered a wife’s request to set aside a marriage contract she and her husband had signed approximately nine years before they separated. The Background The parties signed a marriage contract in May 2007, one day …
Read MoreIn 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. …
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