BACKGROUND The parties were married in 2003 and separated in 2008. The father was Peruvian and the mother was Canadian. They had one child, a daughter aged 6. Both prior to and post-separation, the mother alleged violence by the father, which was witnessed by the child on two occasions. Upon separation, the parties commenced litigation [...]

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 [...]

Michael Shannon is living many parents’ worst nightmare. For 12, years Shannon has been separated from his two sons, one of whom he has sole custody of and the other which could not be removed from the state of Maryland without his consent. The children were abducted by their mother, Nermeen Khalifa, Shannon’s ex-wife who [...]

In the case Hazelwood v. Hazelwood, the mother appealed to the Superior Court of Justice from an order made in the Ontario Court of Justice where she was ordered to return the children of the marriage to Timmins, Ontario, or else turn them over to the care of their father. Background The parties married in [...]

This case involves an appeal by a father of an order granting the mother custody of the parties’ children. On appeal, the father claimed that the trial judge should have considered whether it was in the best interests of the children to order homogenous French language education for the children as a condition of awarding [...]

When deciding to proceed by way of the courts, it is important for individuals to recognize that compliance with court orders is not a matter of choice. Whether one likes the court’s judgment or not, strict compliance will be expected. The case of Peers v. Poupore is a great example of the fact that there [...]

This case considers a question frequently faced by parents in custody arrangements:  “Can I make the unilateral decision to move the child away from the other parent?” BACKGROUND The parties are the parents of a three year old child, and had separated in June 2011 after living together for two years. Upon separation, the child [...]

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 [...]

This case involves an appeal by parents of a child that was made a Crown ward. BACKGROUND In March 2007, the child in this case was referred to the Suspected Child Abuse and Neglect Unit of the Hospital for Sick Children due to concern that she might be suffering from rickets. The Children’s Aid Society [...]

This case is a perfect illustration of the dangers of representing yourself in your matrimonial matter. It is also a message to all lawyers who know that if they are getting a deal that looks too good to be true for their client – that it probably is. In the case at hand, the parties [...]