This riveting case involves a decision by the Ontario Superior Court of Justice to change custody from a mother to a father amidst allegations of the father’s sexual abuse of the children. In addition, the decision saw a marked expansion of the role of mental health professionals by allowing a therapist to determine the mother’s [...]

The case at bar discusses the supplementary reasons in an alienation case. This was a high conflict case. The Office of the Children’s Lawyer (“OCL”) was involved. Justice Warkentin had originally suspended the father’s access to the children due to his failure to abide by the terms of his Order of February 1, 2010. Justice [...]

In this case, the Ontario Court of Appeal affirmed the decisions reached at the Ontario Superior Court stemming from the dispute between the parties, C.S. and M.S., who were married in 1986 and separated in 2002. At trial, Justice Perkins made the following orders: That the mother be granted full and sole custody of their [...]

The Facts This case is the third trial regarding custody and access of the Swan children. During the first trial, the father was awarded custody. During the second trial, the mother was found to have coached one of the children into accusing the father of abuse. This third, and hopefully final, trial was a messy [...]

This case is an appeal of an arbitration decision. The parties have two children, aged 15 and almost 18 at the time of this appeal. In July of 2008, the arbitrator decided that the father intentionally alienated the children from the mother, who had not seen the children in 10 years. The arbitrator’s decision gave [...]

The parties in this case included a mother (grandmother to the children) and daughter that were involved in custody litigation. The daughter is a single parent with sole custody of all three children. The daughter forbids the grandmother of any access to the children. There has been ongoing volatility and acrimony in the mother-daughter relationship. [...]

The parties in this case began cohabiting in 2006, and had one child together shortly thereafter. The parties had a very volatile relationship, and thus, permanently separated in August 2007. Since the parties’ separation, the child resided primarily with the mother. Pursuant to an interim access order, the father was granted overnight access every second [...]

This blog comments on the second half of Justice McWatt’s judgment in the matter of L(AG) v. D(KB). The first half of Justice McWatt’s judgment dealt with custody and access issues, whereas the second half deals with whether the respondent mother in this case was in fact in contempt of five court orders made by [...]

Courts are becoming ever so cognizant about the damaging effects had on children caught in the battle of alienation. The case of Filaber v. Filaber is yet another court decision involving a change of custody from the alienating parent to the alienated parent. In this particular case, the children involved were 12 and 14 years [...]

Parental alienation essentially occurs when a parent’s behaviour, whether conscious or unconscious, serves to mitigate the relationship between a child and the other parent. This alienation is often executed by one parent in an attempt to penalize the other parent for any misfortunes experienced in his/her marriage or life. In a decision by the Ontario [...]