Jurisdiction – Custody or Access in Ontario

Often times I decline taking on child custody cases from potential new clients because Toronto courts, where I practise, lacks jurisdiction for child custody or child access and as such I advise those potential clients to retain a lawyer in the jurisdiction where the child resides to commence proceedings in that jurisdiction. Section 22 of the Children’s Law Reform Act 2009, RSO 1990, c C.12, provides the authority for jurisdiction in custody and access areas. The sections states that: Jurisdiction…

Custody – Parallel Parenting

The two most common forms of parenting orders are sole custody where one parent makes all major decisions relating to the children or joint custody where both parents make decisions jointly. The other form is split custody where each parent makes all major decision with the respect child or children in his or her primary care. In recent years, courts have made orders for shared custody where both parents parent the children equally with respect to time sharing and decision…

Exclusive Possession of the Matrimonial Home

Pursuant to section 24 of the Family Law Act, the court may on application grant one spouse exclusive possession of the matrimonial home, regardless of ownership. In determining to make the order, the court shall consider several factors. The most common are: The best interest of the children. In Pifer v Pifer, [1986] O.J. NO. 170, the wife was granted exclusive possession of the matrimonial home because the husband drank heavily, left live cigarettes in ashtrays and propane heater on…

Child Support – Child of Age of Majority

A child who has attained the age of majority (currently 18 years) is still entitled to basic table child support in the following circumstances: The child is enrolled in a full time program of education (Family Law Act section 31 (1); The child has not withdrawn from parental control (Family law Act section 31 (2); or In the case of children of married couples, the child is unable to withdraw from parent charge or obtain necessities of life due to…

Custody and Access – Office of the Children’s Lawyer

Parents in a custody battle usually are faced with issue of how best to present to the court what they view as the child’s needs or the child’s views and preferences without appearing that they are influencing the child’s decision one or way or another. Your family lawyer can assist you make a decision as to whether your case needs the involvement of Office of the Children’s lawyer (OCL) to be appointed in order to effectively present the child’s needs,…