Insights & Education
Practical guidance from our Ontario family law lawyers — on divorce, decision-making responsibility, parenting time, support, and property equalization. Written for the people living through it, not the profession observing it.
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. ... Read more
In Bjornson v. Creighton, the Ontario Court of Appeal developed a two-step approach of first determining custody and then determining mobility. The point of this approach was first to ... Read more
The Respondent mother in this case removed her daughter from the home to a shelter claiming emotional cruelty. The Applicant father then brought an emergency motion arguing for ... Read more
The issue brought before the Ontario Superior Court of Justice in this particular case was that involving the broad issue of whether the provisions contained within The Hague ... Read more
In this case, two children were returned to their father in Austria after their mother fled with them to Canada. The main issues in this case were whether ... Read more
The Hague Convention is an international treaty designed to return abducted children to their parents. Most of us thought that it worked pretty well. After all, the Convention ... Read more
In this case the parties were married in 1991 and separated in 2005. There were two children of the marriage aged 15 and 11 at the relevant time. ... Read more
Wentzell-Ellis v. Ellis (2010), 2010 CarswellOnt 4016 (Ont. C.A.) This case is a decision based on an Application that was brought by the father in this case. The Mother ... Read more
In the mater of Smith v. Smith, the Applicant Mother and Respondent Father were married in North Carolina in 2000 and separated in 2009. There are two children of ... Read more
This case from the British Columbia Court of Appeal provided guidance on the “now settled” exception in Article 12 of the Hague Convention on the Civil Aspects of International ... Read more
In this case a thirteen year old girl made a successful refugee claim in Canada based on abuse by her mother. Her mother in Mexico made an application ... Read more
I. (A.M.R.) v. R. (K.E.) This case was heard by the Ontario Court of Appeal on April 12th and 13th of 2011 and the Judgement was released on ... Read more
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