By way of background, the parties separated in October 2010 after an 11 year common law relationship. They resolved their issues after a lengthy court battle. The wife was granted, by way of Hon. Gauthier‘s order of November 19, 2014, spousal support in the amount of $1,597 per month. Upon retirement at less than 60 years old, the husband commenced a variation proceeding of the spousal support order claiming material change in circumstances due to reduction in income and requesting…
Custody – Parent v Other
Subsection 24(2)(h) of the Children’s Law Reform Act that outlines a number of factors determining the best interest of the child, requires the court to consider the child’s relationship by blood or through the adoption order between the child and each person who is a party to the application. It should be noted that the section does not create a presumption in favour of biological parents. Often the applicants for custody in a court proceeding are biological parents making the…
Court’s Treatment of Custody Access Agreements
When potential clients engage my services, I generally encourage them to explore settlement resolution of their case before commencing court proceedings if parties are unable to reach an agreement. Settling custody/access by way of agreement has a lot of benefits including saving time and cost. Additionally, I find that parties feel empowered if they reach an agreement regarding their children’s lives by themselves instead of having a stranger, like a judge, who generally has limited information about the family making…
Custody – Parent’s Major Decision Making (Children’s Education)
A child’s education is one of those major decision made by a custodial parent. Upon separation, if parents are engaged in a custody battle with each claiming sole custody, the court will favour a parent’s plan that is in the best interest of the child such as a plan that will maintain the status quo if the child’s education especially if the child is doing well in the current school. In Wainwright v. Wainwright, 2012 ONSC 2686 (CanLIII), Nolan J.…
The Child’s Views and Preferences – Custody or Access
Pursuant to section 24 (1) (2) (b) of the Children’s Law Reform Act, the merits of an application in respect of custody of or access to a child shall be determined on the basis of the best interests of the child, in accordance with subsections (2), (3) and (4). Section 2 of the Act deals with what is in the best interest of the child and mandates the court to consider all the child’s needs and circumstances including, the child’s…