When parents separate, one of the most challenging aspects to resolve is the matter of decision-making and parenting time for their children. The primary guiding principle in such cases is the "best interests of the child." This principle is enshrined in the Canadian Divorce Act and the Ontario Children’s Law Reform Act.

Navigating the waters of co-parenting after separation or divorce can be challenging. One tool that can facilitate this process is the use of Parent Coordinators. These professionals are often social workers or psychologists with a focus on child welfare. They play a vital role in resolving day-to-day parenting issues, especially for parents who find it difficult to agree.

When dealing with parenting cases, the court often seeks assistance from the Office of the Children's Lawyer (OCL). The OCL plays an integral role in representing the best interests of the child, ensuring their needs and wishes are considered in the parenting arrangements.

When parents separate or divorce, the emotional upheaval can be substantial. One of the most challenging aspects to navigate is the determination of decision-making responsibilities and parenting time. This blog post aims to shed light on this complex issue, providing guidance and insights to help parents make the best decisions for their children.

In simple terms, this principle views a person's willingness and ability to foster a positive relationship between their child and the other parent as a significant factor in assessing their parenting ability. It underscores the importance of both parents' roles in a child's life and emphasizes that a child should have as much contact with both parents as possible, as long as it's in the child's best interest.

Parenting time refers to the schedule by which children live with their parents. This schedule is not dictated by a specific formula but is established based on each child's best interest. It evolves over time as the child's needs, interests, and desires change. In addition to the residential schedule, parenting time also encompasses the right to request and receive information about a child's health, education, and welfare.

When parents separate or divorce, the primary concern is often the welfare and best interests of their children. One of the critical aspects to consider is the decision-making authority and parenting time for each parent. In instances where these matters cannot be immediately resolved, the court may issue a temporary decision-making order.

Navigating the legal landscape following a divorce can be a complex and at times, overwhelming journey. One of the most contentious issues that can arise during this period is the idea of parental relocation. When one parent wants to move, particularly when that move may impact parenting arrangements, it often results in conflict and contention.

When parents are not living together, they face unique challenges, one of which includes making pivotal decisions about their children's lives. These decisions often encompass where the child will live, how much time will each parent spend with the child, and how decisions about the child’s welfare and upbringing will be made. This blog post aims to provide a comprehensive understanding of the critical aspects of decision-making in parenting, the various types of decision-making orders, their implications, and how the law interprets them.

Section 12 of the Family Law Act empowers the court to issue Preservation Orders, which serve to restrict the depletion of a spouse's property and ensure its safekeeping. The purpose of these orders, as confirmed in Bronfman v. Bronfman, is to guarantee sufficient assets for an equalization payment once the amount is determined. The court, however, must balance three factors when considering such an order: the relative strength of the plaintiff's case, the balance of convenience, and the potential for irreparable harm.

Family law often involves complex and emotionally charged financial decisions, among which equalization payments play a crucial role. Equalization payments refer to the monetary payments made between spouses during a divorce or separation to balance out the division of assets. There are several methods for satisfying equalization payments, and the court can place specific conditions to ensure the payment is fulfilled considering both spouses' financial situations.

When it comes to legal claims for unjust enrichment made by common-law partners in Ontario, the applicable limitation periods can be somewhat complex and variable. The specific nature of the remedy sought determines the limitation period that applies, and there isn't a single, all-encompassing period that covers all unjust enrichment claims.

The Family Law Act, R.S.O. 1990, c. F.3, section 7(3), prescribes the limitation periods for bringing an application for equalization. These periods are the earliest of two years after the marriage is terminated by divorce or judgement of nullity, six years after the date of separation, or six months after the first spouse’s death. Neglecting these timeframes can result in forfeiture of the right to apply for equalization.

When it comes to determining a child’s living situation, the child's best interest is paramount. The court often has to balance the child's relationship with both parents, the extended family, and the community against the benefit of maintaining continuity in the child's life. This blog post will explore three critical factors that courts weigh in this decision-making process.

The Supreme Court, in the Gordon v. Goertz case, articulated a series of steps to be adhered to in mobility cases. The process commences with the parent proposing the move demonstrating a substantial change in circumstances affecting the child. Once this change is established, a renewed examination of what is in the child's best interests ensues. This assessment takes into account all relevant facets of the child's needs and the capacity of the parents to fulfill them. The crux of this analysis is the child's best interests, not the rights or interests of the parents. The existing custody and access arrangements, the child's views, potential disturbances as a result of a change in custody or relocation, and the custodial parent's reasons for moving all play a crucial role in this evaluation.

Mobility rights, also known as relocation rights, form a significant part of family law. Often, these rights become a point of contention when the primary parent decides to relocate with the children. Such a move can significantly impact the other parent's access to and participation in the children's lives. It's worth noting that any discussion or legal action concerning mobility rights should always prioritize the child's interests over the rights of either parent.

Relocating in parenting cases can be a complex issue, often requiring a nuanced understanding of the law and its implications. It's essential to establish that any relocation is in the child's best interests. This requirement holds true for both an initial parenting application involving a proposed change to the child's habitual residence and a motion to change an existing parenting order. However, each case is unique and highly dependent on its individual facts.

One of the most significant and often complex questions that arise in these cases is the issue of temporary relocation. Usually, this scenario occurs when a parent wishes to move temporarily, often due to an employment opportunity or an educational course in a different location.

The nature of this temporary move, its implications for the child or children involved, and the legal aspects surrounding it can make it a complicated issue to navigate. This post aims to delve deeper into the subject, shedding light on the legal aspects of temporary relocation in parenting cases.

Relocation cases are amongst the most complex and emotional issues tackled in family law. When a custodial parent decides to move and wishes to take their child with them, it can result in a legal dilemma, often requiring a rapid resolution. Let's delve into this topic by exploring the motive for the move, the legal considerations during the interim stage, and the necessity of expedited hearings.

Relocating to a new area can be a daunting endeavor, particularly when it involves children. It is imperative to ensure that the transition is as smooth as possible for the child, considering every aspect of their life in the new location. This blog post aims to discuss three primary considerations for parents planning to relocate with their children, namely, education, childcare and medical care.