Baxter v Beharry 2015 Carswell Ont 182. This decision, written by Justice Sherr of the Ontario Court of Justice, reviews the issue of when child support arrears should and should not be rescinded. The father had evaded his child support…
Category: Case law
Recent case: Parental alienation
L.(N.) v M. (R.R.) 2016 ONSC 809: In this case, the police refused to enforce a court order to deliver a child, now over the age of 16, to his father, when the child was refusing to have contact with…
Posted in Case law Tagged with: court orders to enforce access, L.(N.) v M. (R.R.), parental alienation
What is a section 30 custody assessment?
Section 30 of the Children’s Law Reform Act allows a judge to order a custody and access assessment in certain circumstances. As you will see in the discussion below, section 30 assessments are somewhat different than assessments conducted by the…
Posted in Case law, For service providers Tagged with: clinical issue, Office of the Children's Lawyer, psychological, section 30 assessment
Recent case: Hague Convention
M.H.S. v S.M.G.T. 2015 CarswellBC 2351 In this case, the father of twins wrongfully removed them from Mexico to British Columbia. One twin has autism. When the mother brought an application under the Hague Convention for the return of the…
Case law: Child protection and Crown wardship of a very young child
Children’s Aid Society of Hamilton v K.R. (Mother) 2014CarswellOnt 14930: The one-year-old child at the centre of this case had been in the care of the CAS because the mother was not able to care for her. The mother had…
What are the rights of grandparents who want access to their grandchildren?
Bill 34, Children’s Law Reform Amendment Act (Relationship with Grandparents), received Royal Assent and came into effect in December 2016. This legislation makes changes to the CLRA provisions with respect to the rights of grandparents to custody and/or access of…
Posted in Case law, For service providers, Frequently asked questions Tagged with: grandparents, in-laws
Case law and enforcing a mahr
We have updated our article on working with a woman who has signed a mahr with her husband. Mahr (also spelled maher, mohr and mehr) is a form of marriage agreement in which the husband promises to pay his wife…
Case law: Child support variation requires material change in circumstances
In the case of, Boudreau v Boudreau 2014 Carswell Sask 665, Mr. and Mrs. Boudreau were married in Nova Scotia and lived there until they separated. They had one child together, and the wife’s child from a previous relationship also…
Case law: The costs of unwillingness to settle
In Jackson v Mayerle (2016 ONSC 1556), Justice Pazaratz has written another colourful decision, this time in a case where the mother refused to accept a number of offers to settle presented by the father and, after a 36-day trial…
Case law: “Marriage-like” relationships, spousal support and the division of assets
Kneller v Greenwood 2015 BCSC 1410, a British Columbia case, explores what elements must be present for a relationship to be considered “marriage-like” for the purposes of division of family assets and spousal support. While there are differences between the…
