Tag: custody and access

Case law: Parental alienation

woman's hands on thick book

Fiorito v. Wiggins, 2017 ONCA 765:The mother and father married in 1998, separated in 2008 and have three children together. This is a case of parental alienation on the part of the mother and the use of bankruptcy proceedings by

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What is a parenting plan? Part 1

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Whether a woman is preparing her parenting plan during or after her court case, the basic principles remain the same. This is the first of two blog posts on parenting plans. In this post we’ll examine the purposes of a

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What can be done when bail conditions conflict with family law orders?

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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

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What is custody and access?

mother holding daughter who looks content

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

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Case law: Financial bullying as family violence

mom consoling toddler girl

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,

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Case law: Encouraging children to have access time with the other parent

mother holding daughter who looks content

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.

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Recent case: The function of appeals and determining judge bias

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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

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Recent case: Joint custody not appropriate

flower handed by a child to a woman

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

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Tips on dealing with the Office of the Children’s Lawyer

mom consoling toddler girl

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

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