Children - Toronto Family Lawyer Blog

Step-Parent Access: Agmon v James 2018 ONCJ 4

Agmon v James 2018 ONCJ 4
The stepmother brought a motion seeking an order for temporary access to the child in accordance with best interest factors in section 24 of the Children’s Law Reform Act.

How Feuding Parents Should NOT Act: Court Limits Parties’ Communication

March 29, 2018
Andrew Feldstein
Child Custody, Child Support, Children, Support

Dulude v Cordeiro, 2018 ONSC 1849
The biggest take-away from this case is the court’s treatment of the parties’ conduct and communication. Each party alleged that the other engaged in parental misconduct.

Access at the Discretion of the Children’s Aid Society

January 26, 2018
Andrew Feldstein
Children

Children’s Aid Society of Toronto v NN, 2017 ONCJ 827
Justice Pawagi released her decision for the purposes of providing guidance on the proper interpretation of “discretionary access orders” made under the Child and Family Services Act.

A “Child” Moving Away to get a PhD: Clarifying the Family Law Definition of Children

January 5, 2018
Andrew Feldstein
Adult Children, Child Support, Children, Support

Makdissi v. Masson, 2017 ONSC 6498
This dispute asks whether a parent has an obligation to continue paying child support for adult children as they pursue additional post-secondary degrees, in this case a PhD.

Dispensing Consent in Adoption Orders

December 15, 2017
Andrew Feldstein
Adoption, Children

RC and TG v AC and BD, 2017 ONSC 6960
This case involves an Application to dispense with the biological parents’ consent to the adoption of a child, and sets out the applicable law and provides a thorough analysis on this issue.

How Emails Can Impact Your Family Law Matter

Clark v Moxley, 2017 ONSC 4971
This case – regarding a parenting dispute about whether there should be an equal parenting schedule and whether the child should attend the school of his choice or the school that his mother had chosen for him – serves as a caution and reminder about how the use of emails (and social media, generally) can impact one’s family law matter.

Non-Parent Access to a Child

Geisler v Georgeoff 2017 ONSC 5746
The Court recognized that the Applicant suffered as a result of the loss of his relationship with the child; however, the child did not suffer a corresponding loss. Notably, “suffering” by the non-parent is not a basis for granting access.

The Courts Authority to Order Therapeutic Intervention in Alienation Cases

ET v LD 2017 ONSC 4870
The Applicant Mother argued that the Court had parens patriae jurisdiction to order that the parties and their children participate in the “Families Moving Forward Program”.

To Share or Not to Share: When and Why Courts Order Shared Parenting

Balke v O’Conner 2017 ONSC 2491
This case involves the parents of a three-year old child and deals with the contested interim parenting arrangement. Specifically, Justice Newton of the Ontario Superior Court of Justice is tasked with determining what the status quo was in relation to the child before the parties’ separation.

Police Enforcement of a Custody and Access Order

Duff v James 2017 ONCA 606
This case concerns the scope of a judge’s jurisdiction under section 36(2) of the Children’s Law Reform Act which relates to directing a police force to enforce a child custody order. The Court of Appeal unanimously decided that the motion judge made no error in ordering that the Ontario Provincial Police (OPP) enforce the child access order instead of the Waterloo Regional Police Services (WRPS).