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Private Counsel for Children?
The motion, W. (K.S.) v. W. (S.), was about whether the youngest of two children could have private counsel appointed. The motion was brought by the father who wanted a change in custody, access and the residential arrangements for the children ages 18, 15 and 12. This motion was also brought due to the mother’s [...]
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Costello v. Costello – Child support not varied where loss of employment was a result of payor’s criminal acts
This case involves a motion to change support based on the father’s termination from his employment as a result of two DUI convictions. BACKGROUND The parties were married in 1995 and separated in 2005. They had two children of the marriage, aged 15 and 17. Upon separation, the parties entered into a Separation Agreement which [...]
Comments OffNov 9th, 2012 | Filed under Child Support, Variation Applications -
Thomson v. Richardson
This 2011 judgement from the Ontario Superior Court of Justice stems from an application brought by the Applicant Father to vary a Divorce Order, which was granted in 2003, and a cross motion brought by the Respondent Mother, in which she alleged that the Applicant Father has been underpaying support since the above mentioned was [...]
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Oxley v. Oxley
In the matter of Oxley v Oxley the parties separated in May 2008. In June 2009, a temporary court order was made compelling the husband to pay the wife’s court costs along with temporary spousal in the amount of $4,200.00, and temporary child support in the amount of $1,414.00. The husband only made partial payment [...]
Apr 24th, 2011 | Filed under Child Support, Court Procedure, Spousal Support, Variation ApplicationsTags: temporary support order -
Dennis v. Pidruchny 2010 – Lump Sum on Interim Motion
This case was heard by Justice Goldberg in the Manitoba Court of Queen’s Bench. There was one child of the marriage, namely, Justina. At the motion, the petitioner (mother) was seeking temporary sole custody of the child, certain conditions regarding the Respondent father’s access time with the child as well as lump sum-retroactive child support. [...]
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G. (B.J.) v. G. (D.L.) 2010- The Child’s Views
This was a case regarding an existing custody and child support Order heard in the Yukon Territories Supreme Court. The parties divorced in 2000. At the time, they had consented to an Order that the mother would have sole custody of the child and the child would primarily reside with her. In 2009 when the [...]
Comments OffDec 13th, 2010 | Filed under Child Custody, Variation Applications -
Albee v. Benincasa
This decision of Justice Shaw from the Ontario Superior Court of Justice stands for the proposition that if payor spouse does not seek an immediate reduction in his or her child support obligations when his or her financial circumstances first change, a retroactive reduction cannot be sought. In this case, in 2009, the father brought [...]
Comments OffDec 3rd, 2010 | Filed under Child Support, Variation Applications -
Persaud v. Garcia-Persaud: Variation of Child Custody and Access Orders
This is a case from the Ontario Court of Appeal by the Mother to have the Order of a Motion judge over-turned. Following a Motion the Judge reversed a previous Court Order which caused the primary residence of the child to be changed from the Mother to the Father. The reasons for the ruling were [...]
Nov 14th, 2010 | Filed under Child Custody, Variation Applications -
Venkatesh v. Venkatesh, 2010 ONSC 1177, [2010] W.D.F.L. 2239, [2010] W.D.F.L. 2206
In this case the parties were married in 1991 and separated in 2005. There were two children of the marriage aged 15 and 11 at the relevant time. In 2006, Ms. Venkatesh decided to move to India where she took up permanent residency. In July of 2009 Justice Murray ordered that: the primary residency of [...]
Comments OffOct 4th, 2010 | Filed under Child Custody, Variation ApplicationsTags: abductions -
Walsh v. Walsh, [2008] W.D.F.L. 1750, [2008] W.D.F.L. 1765, [2008] W.D.F.L. 1771
The following case deals with the issue of child support and possible variations thereto based on changes in a Payor-father’s income. Briefly, the couple were married in March of 1986, separated in 1995 and officially divorced in 1997 after a lengthy and litigious trial for the purposes of determining spousal and child support. Initially, the [...]
Aug 29th, 2010 | Filed under Support, Variation Applications






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