Tag: evidence

What is an ex parte motion?

woman holding a little boy

In situations of extreme urgency, a woman may be able to bring an ex parte motion. In this process, her partner is not served with the documents and the judge makes a decision the same day as the woman files

Posted in For service providers, Frequently asked questions Tagged with: ,

Part 2: How can I help a woman disclose abuse?

In Part 1 of this FAQ, I explored some of the reasons why many women find it hard to talk about their experiences of abuse as well as why they need to share this information. This week, I’ll provide tips

Posted in For service providers, Frequently asked questions Tagged with: , ,

Recent case law: Admissibility of video recordings

hands on a book

In the case of Scarlett v Farrell, 2014 ONCJ 517, Justice Spence considered whether video recordings made by the father should be admitted in a custody trial. At the point of trial, the mother had sole custody of the couple’s

Posted in Case law Tagged with: ,

What is the role of violence (including separation violence) in custody and access cases?

woman's hand holding a child's hand

The presence of violence in the family is an important consideration in custody and access cases. It is, as we discuss below, one of the factors in the best interests of the child test. However, this does not mean that

Posted in Frequently asked questions Tagged with: , , , , ,

Luke’s Place webinar: Understanding the best interests of the child test

woman holding a little boy

All custody and access decisions are made using the best interests of the child test, as set out in section 24 of the Children’s Law Reform Act. The test has a number of factors that judges are required to consider

Posted in For service providers, New resources Tagged with: , , , ,

Luke’s Place Webinar: Restraining orders

mom consoling toddler girl

Our webinar on restraining orders, designed for service providers, provides tips about how and where women can gather evidence to support their application as well as suggestions about safety planning both before and after the restraining order is obtained. This

Posted in For service providers, New resources Tagged with: , , ,

Upcoming webinar from Luke’s Place: Understanding the best interests of the child test

woman holding a little boy

All custody and access decisions are made using the best interests of the child test, as set out in section 24 of the Children’s Law Reform Act. The test sets out a number of factors that judges are required to

Posted in For service providers Tagged with: , , ,

Luke’s Place Webinar: Supporting an Abused Woman to Write an Effective Affidavit

notepad, pen and a cup of coffee on a desktop

Luke’s Place offers a webinar on affidavits designed to aid service providers as they support women who must prepare affidavits for their family law case. The presentation uses custody and access as a framework and covers: the different kinds of

Posted in For service providers, New resources Tagged with: , , ,

Luke’s Place Webinar: Supporting an Abused Woman to Bring an Emergency Motion

hands typing on a computer keyboard

View the webinar on emergency motions delivered by Luke’s Place and hosted by Your Legal Rights on February 27, 2014. Designed for frontline workers, the webinar goes through the emergency motion process, explores the common reasons that emergency motions fail,

Posted in For service providers, New resources Tagged with: , ,

Webinar: Supporting an abused woman to bring an emergency motion

Have you ever had an emergency motion for an abused woman fail? Do you know what evidence to include to ensure a motion is successful? If you have questions about emergency motions, be sure to join Pamela Cross for a

Posted in For service providers Tagged with: ,