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 about a biological father wanting access to his 19-month old child. The child was conceived through artificial insemination. The parties without legal advice, entered into a written agreement, described as a “Donor Agreement,” where the father agreed to relinquish his paternity rights. The child has been in the care of his biological [...]

The Ontario Superior Court of Justice made a surprising rendering in its recent decision in Trisolino v. De Marzi. Specifically, the court permitted a mother to move her children to Rome, in spite of the father’s vehement protests to the contrary. So what factors motivated the Court to make this decision? BACKGROUND The parties met [...]

This case presents an example of the difficulties involved in determining custody of a child where the nature of the parties’ relationship prevents joint custody, but both parents are equally capable of parenting the child. So, which parent prevails? BACKGROUND The parties met in 2006, began cohabitating shortly thereafter, and separated in 2009 after producing [...]

Though we rarely blog about child protection cases, the matter of Children’s Aid Society of Ottawa v. M. (E.S.) raised an interesting issue that sometimes arises in cases outside the “child protection” realm.  The issue is whether a parent should be permitted to call his child as a witness at trial.  In this instance, however, [...]

In the matter of Abbott-Ewen v. Ewen, the parties married in 2003, had one child, separated in April 2009 and unsuccessfully made a brief attempt at reconciliation in July 2009.  Initially, the parties resided in Alberta, and then the Applicant Mother and child moved to Ontario, while the Respondent Father continued residing in Alberta as [...]