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?
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 …
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 …
