Children, child custody, child access, access schedules, best interests of the child and anything relating to custody and access.
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 […]
Sole Child Custody Read More »
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
Section 30 Assessments Read More »
In Rigillo v. Rigillo, the Ontario Court of Appeal reaffirmed the importance of the “maximum contact” principle set out in subsection 16(10) of the Divorce Act which states: In making an order under this section, the court shall give effect to the principle that a child of the marriage should have as much contact with
In the Newfoundland Supreme Court Decision in Re: C.C. (2018 NLSC 71), a judge decided the parental determination case where two male partners who were in an polyamorous relationship with a woman. Is Canada finally ready for polyamorous families to be legal? In Re: C.C., Fowler J. found that since both men were in a sexual relationship with the
Paternal Polyamory and Polygamy Read More »
Bill C-78, a revamp of the Divorce Act was tabled in the House of Commons. The new proposed act focuses changes relating to children. First, the bill drops terms like “custody” and “access” and instead refers to “parenting orders” and “parenting time”. The intent of the legislation is to reduce conflict by making legal decisions on parenting
Divorce Act Changes Read More »
There is an increasing trend of separating parents who seek to have the children spend equal time with both parents. A recent study found that children in shared residency situations have fewer psychological problems. If You Want To Help Young Kids After Divorce, Share Custody Of Them: Study Shared residency, joint custody and other
Shared Residency Benefits Children Read More »
