Children - Toronto Family Lawyer Blog

Custody and Access Jurisdiction – When Does the Court Decide?

McLeod v Peppe, 2018 ONSC 2364 This case examined when a court might exercise its jurisdiction to hear and decide on a motion for custody of and access to a child where that child is not ordinarily resident in Ontario. …

Antonio Sabato Jr’s Divorce is Finalized: The Impact of Parental Substance Abuse on Custody and Access Decisions

Antonio Sabato Jr’s divorce has been finalized. The former soap star and his ex-wife Cheryl Marie, have joint legal and physical custody of their 7-year old son. Sabato Jr has to pay child and spousal support, and agree not to…

Adult Adoption – Is Parental Consent and Notice Required?

C.L.W. (Re), 2018 ONCJ 223 This case looked at the issue of whether parental consent is required and whether the biological parent is entitled to notice and to be served with the adoption application and relevant material. BACKGROUND The adult…

Kevin Federline Files a Motion to Increase Child Support from Britney Spears: Financial Secrecy and Child Support

Kevin Federline Files a Motion to Increase Child Support from Britney Spears: Financial Secrecy and Child Support Kevin Federline has started a motion to increase his $20,000 a month child support that he had been receiving from ex-wife Britney Spears,…

Parents v Grandparents: Who Should Have Custody?

Parents v Grandparents: Who Should Have Custody? K.E.L. v. S.A.L., 2018 CarswellOnt 3083 (Ont. S.C.J.) The court was tasked with making an interim custody order and access arrangement for six-year-old E.L and four-year-old S.L. This is a case where the maternal…

Ojeikere v. Ojeikere 2018 CarswellOnt 5917, 2018 ONCA 372

The main point of contention in this case pertains to the custody dispute of the Ojeikeres’ three children. More specifically, a court must decide whether a Nigerian or Ontario court has jurisdiction to decide custody and access. Additionally, if decided…

Disclosure of Documents Pertaining to Court Ordered Assessments of Children

May 11, 2018
Andrew Feldstein
Children

N.H. v. J.H. 2018 ONSC 2658, 2018 CarswellOnt 6774
In NH v JH, the question was posed about whether a court can refuse to order full disclosure of the file and notes of an assessor appointed under section 30 of the Children's Law Reform Act, R.S.O. 1990, c. C.12, (such as a therapist) because the court is of the view that such disclosure will likely have a serious impact on the well-being of a child.

Travel to a non-Hague Jurisdiction

In Gare v. El Nashar, the court was confronted with 3 different issues, however, the interesting legal issue pertained to an application from a father (the access parent) seeking permission to travel with his children to a country which is not a signatory to the Hague Convention.

Hague Convention and Risk of Harm to the Children

Zafar v Saiyid 2018 ONCA 352
The Respondent brought an Application in accordance with Article 12 of the Hague Convention to have the children returned to England. Under Article 12 of the Hague Convention, where the court determines that a child has been wrongfully removed or retained from their habitual residence, the Court shall order the return of the children.

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.