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Posts tagged "Children's Law Reform Act"

PARENTAL ALIENATION - ALIENATED CHILD (NOW AN ADULT) RESPONDS

I recently received some important feedback concerning a parental alienation case.  The email was from the alienated child (now an adult).  His point is that things are not always what they seem to be when we look only at a reported case decision.  My response is that as adults we must be so very careful to never engage in behaviours that will damage a child.  Here is our exchange (identifying details have been redacted):

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".  

LIMITATIONS OF SUPERVISED ACCESS IN CHILD CUSTODY CASES

Supervised access is a frequently advanced claim in child custody - access cases. Supervised access places the child and parent in an artificial and restricted atmosphere. Cases have maintained that supervised access interferes with the parent/child relationship. It is meant to be a temporary measure only. One judge gathers together precedents and reminds us of the applicable legal principles.

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