Securing child-related agreements after divorce or separation provides parents with a sort of map for the next chapter. Parties can have a better idea of the road ahead and plan for any obstacles that might arise.
Fathers have long seen challenges in family court, especially when it comes to matters of child custody and parenting. The legal system alone presents obstacles by way of unfair processes and outdated biases.
Guest Post By Glenn Cheriton, President of the Canadian Equal Parenting Council
The grandparent-grandchild relationship is often strong and affectionate, but a grandparent can also provide guidance, emotional support, and a sense of family history and culture to a grandchild. These important ties can be interrupted when parents of those grandchildren separate or divorce. Ontario law gives grandparents the option to seek custody of or access to their grandchildren in situations like these.
Rigillo v. Rigillo was a child custody/access appeal decision. At trial the judge limited the father's parenting time to the minimal amount that he had secured under a without prejudice temporary order where the mother was the primary caregiver. The Ontario Court of Appeal held that it is mandatory for a court to consider the MPT principle.
R.B. v. A.H. is an interim child custody access decision from the Newfoundland and Labrador Supreme Court. It is remarkable for some startling yet what should be patently obvious observations with respect to the importance of maintaining children's bonds with both parents in a meaningful way.
This 2019 child custody/access grandparent case - Ninkovic v. Utjesinovic - comes from the Ontario Superior Court of Justice. The case is a good example of how the court may overturn a parent's decision and allow access to a grandparent.
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 signficantly improve Bill C-78.
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 Parliament, even though the then ruling Conservative Party officially supported Equal Shared Parenting. Now, the majority Liberal Government has introduced Bill C-78. It is an admirable "first move". It is not enough.