Archive for March 2020
Recent case: Hague Convention case under COVID-19 court protocols
Onuoha v Onuoha 2020 ONSC 1815: The family had been living in Nigeria, but in October 2019, the mother brought the couple’s two children to Ontario. The father claimed that he had not consented to this and brought a Hague Convention application in Ontario for the return of his daughters. The case was mid-process when…
Read moreCase Law: Skuce v Skuce
Skuce v Skuce (2020 ONSC 1881): The Skuces separated in May 2019, with three young children. The children have lived with their mother since then, spending time with their father in informally supervised settings. The father is a recovering addict who has been clean and sober for various periods of time, most recently since…
Read moreCase Law: Douglas v Douglas
In Douglas v Douglas (so far unreported), the father brought a motion to have the status quo access arrangements with the 6 ½ year old child reinstated. The parents have been separated since December 2018, and there are no court orders in place dealing with parenting time. Since February 2019, the father has had regular…
Read moreNew COVID-19 family law decision
On March 20, Justice Diamond issued a decision in a case (Jackman v Doyle, not yet reported) in which the mother sought the return of the children from the father’s care. The triage judge, Justice Shore had, the day before, deemed that the unlawful withholding of the children, given the COVID-19 situation, met the urgency…
Read moreCase law: First two COVID-19 family law decisions
Two COVID-19 family law decisions addressing the issue of what makes a case “urgent” under the present court regime in Ontario have been decided on in the past week. One has been reported (Smith v Sieger, 2020 ONSC 1861); the other, Ribeiro v Wright, is expected to be reported shortly, but for now, we only…
Read moreStar article: Abused women stay home amid COVID-19
Toronto Star reporter, Jim Rankin, interviewed Luke’s Place and other women’s services on the impact of social distancing and self-isolation during the COVID-19 crisis. Nearing the end of March Break, a woman gets a call from her ex. He says he’s going to keep the kids past his regularly scheduled access, adding: “and I don’t…
Read moreSocial distancing? Safety tips for women living with an abusive partner
In an emergency, dial 911 for immediate assistance. Connect with the women’s shelter in your community (you can find a list at ShelterSafe.ca). Even if you don’t stay at the shelter, staff can provide outreach services to support you and can help you make an emergency escape plan as well as a safety plan. Check…
Read moreWomen fleeing abuse affected by COVID-19
The connection between COVID-19 and the safety of women living in or attempting to flee abusive relationships may not be immediately obvious, but those of us practising family law, in particular, need to be aware of it. Public policy decisions that close schools, community centres, libraries, arenas and swimming pools; encourage people to work remotely…
Read moreHow lawyers can stay safe in family violence cases
Early in my law career, the opposing party on a family law file involving family violence was representing himself. I was retained on a bare bones legal aid certificate. In my naivete and desire to save my client the cost of hiring a process server, I decided to serve her ex myself. Fortunately for me,…
Read moreTowards Reconciliation: A tipsheet for working supportively with Indigenous clients
Becoming fully competent in working in the spirit of reconciliation is a process. This tip sheet is intended to provide you with ideas to think about and for you, your colleagues and your organization to work towards over time. Community 1) I know something about the territory and Indigenous communities where I work and live,…
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