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Notarization is not Independent Legal Advice

There has been a recent increase in the number of self represented individuals who attend my office with a signed separation agreement that was drafted by themselves (sometimes by their spouses or with the assistance of their spouses) and request that I notarize the document.  These individuals are under the…

Custody/Access: Parental Alienation

The recent decision Miller v Miller 2016 ONSC 5734, shows what can happen to parents who are found to be making unilateral decisions and/or alienating their children .  In this case, when the parties separated the mother left the matrimonial home with the children without the consent of the father.  The…

Judge returns children to father in Germany after 3 years living in Canada

In an interesting new decision granted under the Hague Convention, the Ontario Court of Appeal orders two children to be returned to their father in Germany after living with their mother in Canada for three years (Balev v Baggot 2016 ONCA 680).  The Ontario Court of Appeal upheld that the…

Judge completely denies mother’s access to children

In a rare decision, the Honourable Justice Kiteley in Sivarajah v. Muralidaran, 2016 ONSC 5381, ordered, on a temporary motion, that the father of two children is to have sole custody with no access to the mother.  The father was also permitted to move to Australia with the children. The mother…

Custody/Access: The “Unlawful” Status Quo

An interesting new Ontario Court of Appeal decision, AM v JM 2016 ONCA 644 highlights the difficulties access parents encounter when faced with a status quo parenting arrangement.  A status quo parenting arrangement is the primary and ongoing parenting arrangement that is being implemented by separated parents for the purposes of sharing…