Children, child custody, child access, access schedules, best interests of the child and anything relating to custody and access.
Communication After Divorce Shared parenting after a divorce can be a challenging and complex process. One of the most important factors in ensuring a successful shared parenting arrangement is effective communication between parents. In particular, the use of concise written communications can be an effective way to minimize misunderstandings and reduce conflict between parents. In …
How to Choose the Right Family Law Lawyer When it comes to family law matters, choosing the right lawyer is crucial. A good lawyer can make all the difference in the outcome of your case. However, with so many lawyers out there, it can be overwhelming to know where to start. Here are some tips …
Often when lawyers get involved many events have already transpired between you and your spouse. It is important to hire a lawyer that will understand you and all of your circumstances. If you have experienced family violence, it is important to get legal advice about the parenting issues.
Because we live and work in a cross border community we often see parents work together to make cross border parenting work. Cross border custody and access arrangements require cooperation and patience. This works for many parents. However, when a problem arises, which court has jurisdiction over children that live part of the time in two countries?
High conflict separations and divorce are the exception, not the rule. Changes in the law over the last 130 years have slowly but methodically attempted to reduce conflict points in separations and divorce. The common thread among all high conflict cases, is they involve high conflict people. Most often high conflict people have high conflict …
The Department of Justice recently put significant resources into the tools and information on the their website to coincide with the recently updated Divorce Act. One of these resources is a really nifty Parenting Plan Tool that allows parents to enter their names, and preferences using check boxes and webforms to create a comprehensive parenting …
Due to the COVID 19 restrictions that have caused Canadian courts to handle only urgent family matters, the Federal Minister of Justice delayed implementation of the Divorce Act changes until March 1, 2021. The Divorce Act amendments passed by parliament will change the way courts will deal with children of married couples. The notions of …
In Farsi v. Da Rocha, 2020 ONCA 92A, the Ontario Court of Appeal considered the appeal of a decision to deny an application under the Hague Convention on the Civil Aspects of International Child Abduction also known as the Hague Abduction Convention. The Hague Abduction Convention is a treaty that Canada and other nations are signatories to …
Courts have been increasingly willing to order joint custody of children (rather than sole custody) to create a power balance between the parties where both parties are competent and caring parents. As such, the case law is replete with examples where parents are told they need to work together in the best interests of the …
Where custody and access is at issue Courts have the ability to order a “Section 30 Assessment”. Section 30 refers to s. 30 of the Children’s Law Reform Act, which states: The court before which an application is brought in respect of custody of or access to a child, by order, may appoint a person who has …
