When someone is charged with a criminal offence, they are generally kept in custody until a bail hearing can be held. At this hearing, the court will determine whether the accused can be released, usually with a number of conditions…
Tag: custody and access
What is custody and access?
When parents separate, they have to decide on appropriate living arrangements for the children. Until these issues are resolved, both parents have an equal legal right to have the custody of their children. Legally, custody refers to decision-making responsibility. A…
Posted in For women Tagged with: best interests of the child, custody and access, joint custody, sole custody
Case law: Financial bullying as family violence
Hokhold v Gerbrandt 2015 BCCA 268 is a British Columbia case, so it is not binding on Ontario cases. As well the B.C. Family Law Act contains a number of provisions that are different from those in Ontario’s legislation. Nonetheless,…
Case law: Encouraging children to have access time with the other parent
Godard v Godard 2015 ONCA 568 tackles the question of how hard a custodial parent is expected to work to encourage a child to have access with the other parent. Here, there were two children, one living with each parent.…
Recent case: The function of appeals and determining judge bias
Van Wieren v Bush, 2015 ONSC 4104 The father appealed to the Superior Court of Justice against an Ontario Court of Justice trial decision about custody and access, claiming that the trial judge, Justice Hardman, was biased against him, failed…
Recent case: Joint custody not appropriate
In the case of Moreira v Garcia Dominguez 2012 ONCJ 128, the mother sought an order for sole custody of the couple’s son, born in 2003, with regular access to the father and the father sought an order for joint…
Posted in Case law Tagged with: custody and access, joint custody, Moreira v Garcia Dominguez 2012 ONCJ 128, shared decision making
Tips on dealing with the Office of the Children’s Lawyer
Many of the women we work with become involved with the Office of the Children’s Lawyer (the OCL). This FAQ provides some background information about the OCL, how it can become involved in a custody and access dispute and the…
Posted in For service providers, Frequently asked questions Tagged with: custody and access, OCL, Office of the Children's Lawyer
