We understand that navigating the legal system can be overwhelming and intimidating. That’s why we make sure to take the time to thoroughly explain your options and answer your questions in plain language. We are committed to providing legal services that are tailored to your unique needs and goals. 

 

Our services are comprehensive, ranging from business law and litigation to family law, estate planning, and real estate. We have the resources and expertise to handle a wide variety of legal matters. Our lawyers have the resources to vigorously advocate for clients in a wide range of issues including child custody. 

 

We are dedicated to helping you achieve the best possible outcome in your case. We are committed to ensuring that you are fully informed of your rights and options every step of the way. Our team of professionals will work tirelessly to protect your rights and interests. 

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If you require legal representation to advocate for your custodial rights of your child(ren),

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Child Custody

The custodial rights of children in Ontario are important matters for parents to understand, as the rulings and laws that govern child custody in the province have adapted and evolved over time. Understanding these court rulings and laws may help parents navigate the complex process of determining a suitable custody arrangement for their family.

 

A historical case from the late-1930s was essential to the development of custody law in Canada; this is the case of Lorne Mack v. Estelle MacKenzie. In 1939, the Supreme Court of Canada ruled that a father had a preferential right to custody of young unmarried daughters. As such, it was seen to be in the best interests of unmarried daughters to remain in the care of the father. This ruling was based on the notion that, since daughters are “filial” and owe their father loyalty, they should remain in his care and possession.

 

Further case law developed in the 1970s with the cases of Berger v. Berger and Hakim v. Amaize. In both of these cases, the Ontario Court of Appeal ruled that parental rights with respect to custody should no longer be determined by gender. Rather, the court stated that custody arrangements should be based solely upon a child’s best interests. This decision was hailed as a major victory for women’s rights; however, it did not undo the fact that fathers have often been seen to have a superior right to custody than mothers.

 

More recent court cases have also sought to clarify the roles that extended family can play in arranging custody disputes. In 2014, the Supreme Court of Canada ruled that grandparents do indeed have standing when it comes to seeking access with their grandchildren, particularly in situations where the parents of the child are estranged from each other or unable to agree on an appropriate custody arrangement. This ruling reaffirmed the importance of the relationships between grandparents and their grandchildren, thus protecting those connections within the context of family law in Ontario.

 

Child custody remains a complicated legal matter, with various elements to consider in order to come to a conclusion that is in the best interests of the involved parties. Understanding old custody rulings and contemporary statutes can help individuals better comprehend the law and get the most favourable outcome from their proceedings.

 

 

Child Custody and Criminal Convictions of Parties Involved

Recent years have seen an increase in the number of child custody cases in the province of Ontario involving criminal convictions by one of the participating parties. These cases often involve complicated legal considerations, such as when a parent is sentenced to prison or is deemed unfit to retain custody of their child due to previous actions.

 

In late 2019, two separate child custody cases involving criminal convictions made headlines. In the first case, a father in Ontario was denied temporary custody of his 14-year-old son after it emerged that he had been convicted of sexual assault against other children, for which he had served three years in jail. Despite the fact that the father had maintained contact with his son throughout his time in prison, this did not qualify him for any special consideration from the court. The decision in this case hinged on the fact that the father was still considered a potential danger to society, and so his application for custodial rights was dismissed.

 

The second case involved a mother who had previously been convicted of second degree murder of her husband. She had since reformed and was no longer considered a threat to society, but the court still refused to award her any custody rights over her four children. This decision was based on an assessment of the situation that indicated that the mother's proximity to her ex-husband's family represented an unbearably high level of stress and psychological trauma that would likely be experienced by the children should they end up with their mother. In addition, the mother had proven unable to maintain a consistently stable lifestyle, making it difficult for her to meet the needs of her four children in the long term.

 

Both of these cases demonstrate that criminal convictions can significantly impact a parent's chances of retaining primary custodial rights over their children. Despite the occasional leniency certain courts may show towards defendants with criminal pasts, the burden of proof ultimately lies with the applicant to demonstrate that sufficient reform has taken place and that any potential risks posed to children can be properly mitigated before any custodial rights can be granted.

 

 

Mental Health and Child Custody 

Mental health is an increasingly important factor that is taken into consideration when determining a child custody arrangement in Ontario. Recent child custody cases involving mental health have typically involved the diagnosis of either a parent or child, or custodial decisions based on parental capacity or the views of a child. 

 

In one case, the father was diagnosed with mild-to-moderate depression and anxiety, and the mother was diagnosed with personality disorder. The court applied the best interests of the child in this case, ultimately awarding sole guardianship and primary residence of the child to the father due to his superior mental health. 

 

In another case, the parents disagreed about what residential arrangement would best suit their daughter's needs. In this case, the court considered the daughter's opinion when it came to her residing arrangements. The court evaluated her wishes, discerning the degree to which she had made an informed decision. Ultimately it found that she should reside with both parents on a rotating basis. 

 

Another recent case involved the diagnosis of an undiagnosed mental health condition in the father and his apparent inability to properly care for his son. In this case, the court ultimately awarded sole custody of the child to the mother, citing concerns about the father's fitness as a parent and his lack of support for his son's mental health issues. 

 

These recent child custody cases illustrate the increasing importance of mental health in making decisions regarding the well-being of children. It shows how mental health can play a major role in determining the outcome of child custody cases, involving both the mental health of parents and children, as well as of their relationships with each other.

 

 

Recent Child Custody Disputes 

Recent child custody disputes in Ontario involving relocation often involve debate over what is best for the child or children involved and can become complex legal matters. 

 

In 2019, a case involving two parents living far apart saw one parent seek permission to move with the two children to just outside of Toronto from Hamilton, Ontario. Court documents indicated that the parent seeking relocation would benefit from living closer to their family and employment opportunities. The court ruled in favour of the relocation after hearing how the move would benefit all parties involved, including the two children who would be closer to both parents. 

 

This past year, as COVID-19 disrupted many aspects of life and increasing virtual access to family and schools has led parents to rethink what it means to co-parent. One case heard before the Ontario Superior Court saw a father apply to the court to have his daughter remain with the mother in Ontario while attending school in Massachusetts via a Virtual Learning Program. This would have allowed the mother and daughter uninterrupted time where they could quarantine together and still ensure continuity of education. The court denied the request on the assumption that the circumstances of this case were temporary. 

 

 

Child Custody and Relocation

Child custody cases featuring relocation will continue to surface in the courts due to many factors and the common law principle that the best interests of the child should be the primary consideration when determining what custodial arrangements are in the child’s best interest. Courts will continue to evaluate each case individually, and take into account the particular details of the family’s dynamic and context of the case. 

 

Relocation disputes are one of the more difficult issues to resolve in child custody cases in Ontario. Relocation involves a parent’s request to move from one location to another, either within the province of Ontario or out-of-province or even out of the country. This change would have a significant impact on the quality of time that the other parent has with the children and understandably there can be strong feelings about it on both sides. 

 

In the 2019 decision of Rehfield v Rehfield, the parent wishing to relocate wanted to move with the four children to Winnipeg, Manitoba. While the parents had joint custody of the children at the time of the application, the relocating parent wanted sole custody of the children while living in Winnipeg. This move was strongly opposed by the non-relocating parent. In this case, the court found that while the relocation would be in the best interests of the children and economically beneficial to the relocating parent, it would significantly reduce the non-relocating parent’s access to the children. As such, the court denied the relocating parent's request for sole custody and relocated the family to Burlington, ON, thereby allowing the non-relocating parent to still maintain meaningful access to the children after the move. 

 

In the 2015 decision of Lillico v Elmes, the Court was faced with a situation where the relocating parent wished to move the children from their hometown of Etobicoke, Ontario to the Island of Bali, Indonesia. Here, the Court denied the relocating parent’s request due to a number of considerations including the jurisdictional difficulties, the length of the proposed separation period, and the disruption that the move would have on the non-relocating parent’s relationship with the children. The Court focused heavily on the wishes of the children, which were not in favour of the move due to the distance. 

 

The law surrounding relocations and how they are resolved within the context of a custody dispute is complex. These examples demonstrate that courts will consider a range of factors when deciding on a relocation and will focus heavily on what is in the best interests of the children. If you are facing a relocation matter, it is important to seek legal advice as early as possible.

 

 

Child Custody and Domestic Abuse

The issue of child custody cases involving domestic abuse is a common one in Ontario, Canada. According to the Domestic Abuse Research Portal, the province had over 52,000 domestic violence incidents reported in 2018 and the incidence of this issue is rising. 

 

When it comes to determining the best interests of a child, an Ontario court will consider if allowing either parent custody could pose a risk to the child's health, security, or development. Cases involving domestic abuse can be particularly complex as there are typically significant power differentials between the parties. A court must take into consideration the particular circumstances of each case and decide whether continuing contact with the abuser would be beneficial or detrimental for the child’s well-being.

 

In some cases, courts have denied an abusive parent any rights to access their children, while other cases have seen abusers granted limited access under strict supervision. The decision ultimately depends on the specific facts of the case and the individual histories of the parents. In either situation, the safety and well-being of the child must always be the primary consideration.

 

It is important to also keep in mind that other family members may also be affected by a child custody case involving domestic abuse, such as extended family members, friends, or other partners of the parties involved. Courts take into consideration the impact their decisions may have on those people, including their ability to enjoy meaningful relationships with the child. 

 

In Ontario, the Ministry of the Attorney General outlines specific domestic violence protocols which are intended to strengthen the protection of victims, increase accountability of offenders, and improve the administration of justice related to domestic violence cases. This includes providing additional protection measures to victims and their children when dealing with matters such as child custody and access. 

 

Overall, it is crucial that Ontario courts properly consider the unique circumstances of each case and fully take into account the fact that domestic abuse has a severe and lasting impact on individuals, families and entire communities. Adequate protections must be put in place to ensure that any decisions made on the issue of child custody do not place any additional burden on the victims of abuse.