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Depending on the parenting agreement and best interests of the child, the answer could be yes. Custody does not prohibit a parent from seeing a child. Custody is about who gets to make decisions about raising the child. Child-raising decisions include items like…
In Part 1, I applauded the positive measures in this new government initiative - Bill C-78. Unfortunately, there are a number of serious deficits in this proposed reform of child custody legislation. I believe that there are tenable solutions available to significantly improve…
Good Tune-up, But Still Driving With Square Wheels Child Custody law needs reform! The Family Rights Movement in Canada has long been advocating for real change in our broken child custody system. In 2014, Bill C-560 was voted down at 2nd Reading in…
By Jenny Kirshen of the Gene C. Colman Family Law Firm. Our Associate Counsel, Jenny Kirshen, published the blog post below on 6 May 2018. I wish to add a few additional thoughts. Overnight access to young infants, particularly those who breastfeed,…
Back in 1997, I wrote an article for this website where I addressed the question: Can child support arrears be canceled?" I have now updated that article. It is interesting that the 1996 Ontario Court of Appeal case that I cited back then,…
Many thanks to my esteemed colleague, Philip Epstein, for granting permission to publish here his report with respect to the expected expansion of unified family courts in Canada particularly in Ontario. Published with permission from Westlaw's "Epstein's This Week in Family Law, Fam.…
There is a fair amount out there on the web about spousal support and retirement. My colleagues discuss the leading cases quite intelligently. I recommend that you read what they have to say. I am going to distill down the current wisdom based…
This story is stranger than fiction! A foster parent couple has held the Children's Aid Society of Hamilton, Ontario accountable for violating their constitutional right to freedom of religion. Child welfare law transitions into constitutional law. The Children's Aid Society ran roughshod over…
A Family Shelter for abused men and children is to be established in the Toronto area but it needs your help and support. Such a shelter is an all-important social service, hitherto lacking in Canada. Read more about the shelter here: Family Shelter…
Equal Shared Parenting within child custody law is very much a thriving concept in Ontario. Superior Court Justice W.D. Newton has penned what I believe to be a very important decision: Balke v. O'Connor. Although it was decided on 24 April 2017, remarkably the…
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