Tag: custody

R.G. v. K.G. et al. [Indexed as: G. (R.) v. G. (K.)], 136 O.R. (3d) 689:  When they separated, the parents of G entered into an agreement that the father would have custody of her until her 18th birthday and the …

Case law: Withdrawal from parental control Read More »

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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 …

Recent case: Hague Convention Read More »

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Essa v Mekawi 2014 ONSC 7400 The parties were married in Egypt under the marriage laws of that country. Both of them are Egyptian citizens. In addition, the father is a Canadian citizen and the mother has permanent resident status …

Recent case: Recognition of foreign divorce Read More »

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McAllister v Norman, 2014 CarswellOnt 9247 (Ont. S.C.J.) offers a strong judgement in a case of what the court found to be alienation of the child by the mother and serves as a good reminder about the dangers of using …

Recent case law: Emails play role in custody decision Read More »

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Women often wonder what kinds of evidence of abuse they can introduce into their family law case. In the case of Scarlett v Farrell, 2014 ONCJ 645, the wife sought to introduce the decision of the Criminal Injuries Compensation Board …

Recent case: Admissibility of CICB decision in custody case Read More »

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Parental alienation arises in family court cases generally in two contexts: When abusive men attempt to alienate the children from their mother as part of their ongoing campaign of abuse against their former partner When women who have left abusive …

How seriously are allegations of parental alienation taken by family courts today? Read More »

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Johnston v Mayer 2014 MBQB 197 addresses whether the mother (Ms Mayer) has to pay retroactive child support to the father (Mr. Johnston), whether the father should be found in contempt of court for his breaches of the interim custody …

Recent case law: Payment of child support when recipient alienates the child Read More »

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Before a court can hear a custody case, it must determine that it has jurisdiction over the family. Usually, this is straightforward: both parents and the children live in the community where the court case is initiated. Sometimes, one parent …

Recent case law: Determining a child’s habitual residence Read More »

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In the case of Alix v Irwin, 2014 CarswellSask 253 (Sas. C.A.), the Saskatchewan Court of Appeal dealt with a situation where the mother made a unilateral decision to move with the child. The parents, who lived in Swift Current, …

Recent case law: Court deals with mother’s unilateral decision to move with her child Read More »

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Judicial interviews of children are still a rarity in Ontario, so it is always interesting to read a case in which a judge decides to talk to the kids. In the case of A (G) v B (K), 2014 CarswellOnt …

Recent case: Judge interviews children Read More »

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