In the case of S.S. v S.K. 2013 ONCJ 432, the court imposed a sole custody order in a situation where the parents had previously had joint custody of their 8-year-old daughter. The child’s primary residence was with the mother and saw her father for a single overnight visit every other weekend and Sunday day access on the other weekend.
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As you know, couples can write cohabitation agreements, prenuptial agreements and marriage contracts which set out the terms of their relationship and, often more importantly, what will happen if the relationship ends. And, couples can write separation agreements at the end of a relationship to set out the terms of their separation.
Two recent cases – one dealing with child support and the other with spousal support – explore the appropriateness of incarcerating a payor who is in considerable arrears.
In Ontario (Family Responsibility Office v Arruda, 2014 ONCJ 455, Mr Arruda is almost $200,000 in arrears on his child support payments.
Johnston v Mayer 2014 MBQB 197 addresses whether the mother (Ms Mayer) has to pay retroactive child support to the father (Mr. Johnston), whether the father should be found in contempt of court for his breaches of the interim custody order and whether costs should be awarded.
The father in this case,
Before a court can hear a custody case, it must determine that it has jurisdiction over the family. Usually, this is straightforward: both parents and the children live in the community where the court case is initiated.
Sometimes, one parent will flee the jurisdiction with the children and attempt to start a custody case in their new community.
Judicial interviews of children are still a rarity in Ontario, so it is always interesting to read a case in which a judge decides to talk to the kids.
In the case of A (G) v B (K), 2014 CarswellOnt 8838 (Ont. S.C.J.), the mother wished to relocate with the children from Toronto to Washington D.C.
In Raso v Di Egidio, 2014 ONSC 3262, the wife brought a motion to have the notes and records of the couple’s marriage counsellor (who they saw for a few months before they separated) produced for use in the custody and access trial.
During the case, the Office of the Children’s Lawyer had been appointed,
In a recent decision, the Ontario Court of Appeal has upheld a trial court decision, which granted an unequal division of net family property.
The parties in the case of Stetco v Stetco, 2014 ONCA 370, had been married for 32 years. At trial, the judge found the husband’s abusive conduct during the marriage to be unconscionable,
When a domestic contract is enforceable is the main issue in a recent case – Martin v Sansome 2014 ONCA 14 – decided by the Court of Appeal for Ontario.
The parties were married for 10 years. The husband’s parents owned a dairy farm and milk quota and offered the couple the opportunity to live on and manage the farm.
An Ontario case from earlier this year (Chickwanda v Bell, 2014 ONCJ 174 (CanLII)) allowed the Ontario Court of Justice to explore circumstances when it is appropriate to terminate access by a father to his children.
In this case, the mother had sole custody of the couple’s two children from the time of separation.
