A parent could be denied access if he or she is alienating children from the other parent, exposing the children to violence, failing to establish a relationship with the child, neglecting or abusing the children while in his/her care. Once the court has determined that access is in the child’s best interest, a parent will likely be found in contempt of a court order if he or she leaves the decision to comply with the access order up to the…
Parenting when a Parent is Subject to Immigration Deportation Order
Parenting when a Parent is subject to Deportation Order Where one parent is subject to a deportation order, parents are faced with the difficult decision of how to parent their child/children from different jurisdictions in the event that deportation is successful. The Response for parents found in this situation if they are unable to resolve the issues between themselves is to commence court proceedings for custody, access and non-removal orders or a motion to change if orders for custody, access…
Jurisdiction – Custody or Access in Ontario
Often times I decline taking on custody cases from potential new clients because Toronto courts, where I practise, lacks jurisdiction for custody or 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 (1) A court…
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…