Posts Tagged ‘custody’
The law and parenting arrangements after separation: New toolkit from Luke’s Place
When a relationship ends, parents must sort out arrangements for the children. If you are leaving a relationship in which your partner has been abusive to you, our new toolkit is for you.
Read moreCase law: Withdrawal from parental control
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 mother (who lived in Florida) would have access. That agreement was incorporated into a consent…
Read moreRecent 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 children, the father argued that they should not be returned to Mexico because the child…
Read moreRecent case: Recognition of foreign divorce
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 here. They lived, at various times, sometimes together and sometimes apart, in Canada, Eqypt and…
Read moreRecent case law: Payment of child support when recipient alienates the child
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 order and whether costs should be awarded. The father in this case, in the words…
Read moreRecent case law: Determining a child’s habitual residence
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 will flee the jurisdiction with the children and attempt to start a custody case in…
Read moreRecent case: Judge interviews children
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 8838 (Ont. S.C.J.), the mother wished to relocate with the children from Toronto to Washington…
Read moreWhat is a supervised access order?
Supervised access and supervised access exchanges can offer some protection to women who are concerned about the safety of their children during access or their own safety as they exchange the children with their partner. For example, if the access parent has a serious and unstable mental health issue, a drug or alcohol problem, has…
Read moreWhat is the role of violence (including separation violence) in custody and access cases in Ontario?
The presence of violence in the family is an important consideration in custody and access cases. It is, as we discuss below, one of the factors in the best interests of the child test. However, this does not mean that all judges understand how important this issue is or that all lawyers know how to…
Read moreMobility: Recent case law
The case of Boudreault v Charles, 2014 ONCJ 273 (XanLII) explores the factors for a judge to consider when hearing a motion for an interim order to relocate a child. In this case, the mother already had interim custody and the father had supervised access to the 3-year-old child. The access occurred weekly at a…
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