Gene C. Colman Family Law Centre
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An Ontario Family Law Lawyer who knows how to STRATEGIZE

Posts tagged "Child Access"

CHILD CUSTODY LAWS NEED SEA SHIFT SOCIAL POLICY CHANGES

Social policy drives drives child custody laws. . Until now, common "wisdom" has told us that kids are generally better off with one parent primarily; usually that has translated into maternal sole custody.

Motions to Change and Material Change in Circumstances - The passage of time is just not enough to prompt a change in residential time.

Brown v. Lloyd was a motion by the dad to change the previous final order so as to increase his already liberal access time with his then 9 year old son to equal parenting time. The Ontario Court of Appeal dismissed dad's appeal from the trial decision (five day trial) that had dismissed his motion for equal time. The appellate court reminds us that even before you can get to first base, you have to establish a "material change in circumstances".  

CHRISTMAS ACCESS

As the temperature dips, the leaves fall, and the Halloween costumes are safely stored away, many begin to look forward to the Christmas season. You have made a shopping list for gifts and have pulled out your trusted recipe box and have begun to plan a delicious Christmas dinner. Perhaps you have lovingly brought out the box of ornaments in anticipation of decorating your tree. So what does all this have to do with child custody and child access?

Children's Aid Societies - Child Custody Cases Gone Wild

Child custody cases are heart wrenching.  Child custody cases with child protection authorities can be even worse.  Do you know that kids were abused in native residential schools?  Federal authorities and religious institutions are paying compensation for their negligent and even malevolent treatment foisted upon native children decades ago.  With respect to overgrasping and overreaching children protection authorities (children's aid societies), how will history judge their actions? 

CHILD CUSTODY AND ACCESS: INTERFERENCE WITH CHILD ACCESS

Child custody cases are perhaps the most difficult.  It is heartening to see that some courts continue to uphold kids' rights to enjoy a decent relationship with both parents.  We will from time to time briefly comment on cases where kids' rights to be free from parental interference with child access are upheld.