The Hague Convention in Canada – Post Balev

The evolution of Hague Convention cases in Canada post the Supreme Court of Canada decision in O.C.L. v Balev has been disappointing, discouraging, and to left behind parents, devastating. It has become a vehicle that permits the withholding parent to ‘kidnap’ their children with something that ...
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THE HAGUE CONVENTION – THE NEW RULES

The Supreme Court of Canada recently decided a case in which I appeared as the lawyer for the father, that has changed the way Hague Convention cases will be dealt with in Canadian courts. The decision in O.C.L. v Balev was released on April 20, 2018 and it is considered a ground-breaking departu...
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ACCESS TO CHILDREN – Time to Change the Rules

Why are we still arguing about establishing basic access or parenting rights in 2018?  One of the most frustrating areas within the practice of family law is the fight that is mounted to establish parenting rights for the parent, usually the father, who no longer resides with the child. It is time ...
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Joint Custody vs. Shared Parenting – What is the Difference in Ontario?

Joint Custody, Shared Parenting and Everything In Between Parents involved in a dispute about the custody and residential arrangements of their children have all heard of the terms “joint custody” and “shared parenting.” However, there is a great deal of confusion among litigants about w...
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Toronto Estate Lawyers

PARENTAL KIDNAPPING – YES OR NO ??

This is a true story. It is repeated again and again despite the predictable outcome. At the end of this story I will ask for your opinions and your comments – your point of view. What do you think the outcome should have been? Once you provide your perspectives I will post again giving my [&helli...
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Toronto Estate Lawyers

IS THERE SUCH A THING AS JUSTICE IN FAMILY LAW?

The starting point in answering this question might be: What is your definition of Justice? Is it getting your way? Getting what you want? Is it feeling like someone has made a careful and balanced decision so that win or lose you feel like the process was fair? I don’t know what the answer is...
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Toronto Estate Lawyers

CHILDREN, DIVORCE & GRANDPARENT RIGHTS – by GILLIAN BOOKMAN

Most of us are aware of the negative effects separation and divorce may have on the children of the marriage if the parents do not protect them adequately from the intense emotions wrought from the processes and procedures surrounding the dissolution of a marriage. Another area of collateral damage ...
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Toronto Estate Lawyers

CHILD SUPPORT & THE 40% RULE by Jeremy D. Loeb

Most parents who have occasional access rights to their children eventually hear about the existence of a section of the child support legislation that allows a court to reduce their child support payments if they have their children with them forty percent of the time or more. Often these access pa...
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