Do Time-limited Travel Consents Lay A Foundation For Child Abduction?
by Erin Kelley on September 30, 2016
In a unanimous decision last week, Balev v Baggott, the Ontario Court of Appeal interpreted legislation on international child abduction and ordered a mother to return her two children to Germany, where the father currently resides.
The Court based its decision on an interpretation of the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”), which is an international treaty that sets out obligations on countries to ensure the quick return of children who have been abducted by one parent and taken to another country. Both Canada and Germany are signatories to this treaty, which has been incorporated into Ontario law under the Children’s Law Reform Act.
Attending Kids' Events: Whose Turn is It?
by Dana Du Perron on September 21, 2016
With the first nip of fall in the air and the first week of the new school year behind us, kids are gearing up to start extra-curricular activities and various school events. While many children can’t wait to start hockey or gymnastics, and are eagerly looking forward to the field trip to the museum, for separated parents, navigating what events you can or should attend can be tricky.
The first thing to consider is whether you have a separation agreement or court order that sets out if both parents will attend particular events, or that determines how such matters will be decided. You should follow the terms contained therein. If you do not have such documents to guide you, the general rule is that both parents may attend extra-curricular or school-related events.
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Welcome to the team, Erin Kelley!
by Alice Weatherston on September 13, 2016
Nelligan O’Brien Payne’s Family Law Group is excited to announce that Erin Kelley has joined the team. We’re confident that Erin is going to make an excellent addition to the group!
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Donor Sperm: Buyer Beware?
Many readers will have heard about the sperm donor in the United States who misrepresented his health and background in order to sell to a sperm bank in Georgia. He claimed that he was healthy, spoke five languages and was in the process of completing a PhD in neuroscience engineering. In reality, he actually suffers from schizophrenia, had dropped out of college, and even had a criminal record, including time spent in jail. Sperm that he donated has been used in 27 different families and been responsible for 36 children, including here in Ottawa. The donor later admitted that he lied to the sperm bank.
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Custody And Access: How Much Say Does My Child Get?
by Paula Lester on August 12, 2016
Upon separation, a lot of parents are curious about how much input or control their child has over issues of custody and access. The answer? It depends.
In Ontario, judges decide questions of custody and access based upon the child’s best interests. In order to determine what is in a child’s best interests, judges are required to take into account the views and preferences of children, if they can be reasonably ascertained.
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