re J. Wilson's book.

This article addresses some challenging matters connected with custody and access assessments. I will attempt to familiarize the reader with some of the important factors that must be considered before, during and after the completion of the assessment process.

Some Joint Custody Case Summaries

These are by no means the most recent joint custody cases. Rather, they represent some case summaries which I had on file.

 

Parental Mobility and The Ontario Court of Appeal

Two recent decisions from Ontario's highest court contain practical lessons for counsel. What law is being applied? How important are the "facts"?

 

Miss Access 2 times and it is SUSPENDED ... Automatically

In Snook v. Hass, a judge gave to the mother of a young child the power to suspend access if the father missed two consecutive visits. The facts were not particularly unusual yet the order made was unconventional.

 

Summary Judgment Available in Child Welfare and Custody Cases

Madame Justice Chapnik tells us that summary judgment is available in Provincial Division. The case also suggests that such a procedure is an option in General Division as well.

Child Support Enforcement

Legislation in effect since 1997 in the province of Ontario gives more teeth to enforcement of child support orders.

 

Third Party Support Payments

Lawyers be careful when negotiating agreements that will provide for support payments to be made directly to third parties. Watch out for such court orders as well. Two recent cases are reviewed here along with the requirements of such arrangements.

In this thoughtful critique of the Child Support Guidelines, we benefit from the insights of a British lawyer who was then articling at a local law firm. Great Britain brought in child support guidelines. Can we learn from the experience of other jurisdictions?

Guidelines' undue hardship produces conflicting decisions

Case law across Canada appears to be producing conflicting results. Is there a gender bias in the courts when it comes to applying the "undue hardship" test?

B.C. Court of Appeal Declines to vary Child Support Under The Child Support Guidelines

The coming into force of the Guidelines was thought to be sufficient reason to found a variation of child support. The legislation makes it appear to be pretty well automatic. 'Not So!' , declares the British Columbia Court of Appeal. Are other factors at work here? Could there be gender bias in the manner in which the courts apply the Guidelines? When can the court stray from the standard table amount?

Interesting links relating to Family Law in Ontario and the rest of Canada

Law links that you will find useful and interesting

Important information for those to be married

• What is Mediation?

• What does the mediator do and not do?

• Do the spouses need lawyers?

Fuss About Pensions - Practical Suggestions

Article about pensions published in the Law times

Damages for Very Bad Behaviour

Where a spouse treats the other very badly, many practitioners have maintained that there must be a legal reckoning. In cases of assault, threatening and intentional infliction of mental suffering, I have claimed damages. The relationship of husband and wife should not relieve either side from responsibilities for what amounts to cruel and criminal actions.

 

Marriage And The Ontario Law

This article is directed exclusively towards those who are contemplating marriage in the relatively near future.

Important information for people that are representing themselves in court. Get the info.

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