Tag: custody

Recent case: Recognition of foreign divorce

woman holding a little boy

Essa v Mekawi 2014 ONSC 7400 The parties were married in Egypt under the marriage laws of that country. Both of them are Egyptian citizens. In addition, the father is a Canadian citizen and the mother has permanent resident status

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Recent case law: Emails play role in custody decision

hands typing on a computer keyboard

McAllister v Norman, 2014 CarswellOnt 9247 (Ont. S.C.J.) offers a strong judgement in a case of what the court found to be alienation of the child by the mother and serves as a good reminder about the dangers of using

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Recent case: Admissibility of CICB decision in custody case

hands on a book

Women often wonder what kinds of evidence of abuse they can introduce into their family law case. In the case of Scarlett v Farrell, 2014 ONCJ 645, the wife sought to introduce the decision of the Criminal Injuries Compensation Board

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How seriously are allegations of parental alienation taken by family courts today?

mom consoling toddler girl

Parental alienation arises in family court cases generally in two contexts: When abusive men attempt to alienate the children from their mother as part of their ongoing campaign of abuse against their former partner When women who have left abusive

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Recent case law: Payment of child support when recipient alienates the child

thoughtful young woman

Johnston v Mayer 2014 MBQB 197 addresses whether the mother (Ms Mayer) has to pay retroactive child support to the father (Mr. Johnston), whether the father should be found in contempt of court for his breaches of the interim custody

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Recent case law: Determining a child’s habitual residence

mother holding daughter who looks content

Before a court can hear a custody case, it must determine that it has jurisdiction over the family. Usually, this is straightforward: both parents and the children live in the community where the court case is initiated. Sometimes, one parent

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Recent case law: Court deals with mother’s unilateral decision to move with her child

woman's hand holding a child's hand

In the case of Alix v Irwin, 2014 CarswellSask 253 (Sas. C.A.), the Saskatchewan Court of Appeal dealt with a situation where the mother made a unilateral decision to move with the child. The parents, who lived in Swift Current,

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Recent case: Judge interviews children

woman's hand holding a child's hand

Judicial interviews of children are still a rarity in Ontario, so it is always interesting to read a case in which a judge decides to talk to the kids. In the case of A (G) v B (K), 2014 CarswellOnt

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Can a woman move with her kids when there is custody and access order?

mom consoling toddler girl

This issue comes up frequently for women with children who leave an abusive partner. Sometimes, they want or need to move for safety reasons. They may not feel safe remaining close to their abuser. The police may not be able

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What is a supervised access order?

flower handed by a child to a woman

Supervised access and supervised access exchanges can offer some protection to women who are concerned about the safety of their children during access or their own safety as they exchange the children with their partner. For example, if the access

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