Legal Insights

In the case of Children’s Aid Society of Toronto v. U. (E.), Justice Sherr analyzed whether parents of a crown ward should have continuing access. Justice Sherr stated that there had been recent amendments to the Child and Family Services Act in Bill 179 regarding continuing access in adoption cases, and he referred to the approach taken in Catholic Children’s Aid Society v. M.M. In that case, Justice Ellen Murray stated that although an access order will not prevent the child from being placed for adoption, a Notice of Intent to place the child for adoption will terminate the access order, ultimately leaving the parents with the option of applying to the court for an openness order. Justice Ellen Murray elaborated on what the court will take into account when ruling on an openness order. Justice Murray quoted the newly amended Section 59 (2.1) of the Child and Family Services Act whereby “the Courts of first instance will only make a Crown Wardship Order with access if the Court is satisfied that: The relationship between the person and the child is beneficial and meaningful to the child; and, The ordered access will not impair the child’s future opportunities for adoption.”...

The fact that you have had sole custody of the children after separation (or de factor sole custody) sets a status quo in your matter. This status quo has momentum. However, this momentum is not determinative. If your matter ultimately proceeds to court, a judge will, at that time, determine custody based on the best interests of the children. There are many different situations whereby a parent has de facto sole custody. De facto sole custody: Implies that one parent has taken on the assumption of sole custody but that this parent has no legal documentations to support the claim. Means that you currently have legal custody of your children and that you have been making all decisions with regard to the care and upbringing as if you had full legal custody over them. For example, in the event that you and your spouse split up, and your spouse has moved out of the apartment and only sees the children of the marriage once in a while, then you would technically have de facto sole custody. In the event that you and your spouse have formally accepted that you ought to have sole custody, it is unlikely that a court...

(a) Information on adoptions There are four ways in which a child may be adopted in Ontario. They are as follows: 1) By a family member or step-parent. In making this determination on Application, a court will focus on the best interests of the child. 2) Through a Children’s Aid Society. For example, the Catholic Children’s Aid society and Jewish Family and Child Services. 3) Through a licensed individual or private adoption agency. 4) Through an Ontario licensed international adoption agency and Ontario licensees. For example, Kids Link International Adoption Agency, operating as Imagine Adoption, managed by Mission of Tears. For contact information of the various international adoption agencies, click here. (b) What happens to the child(ren) if there is a breakdown in the marriage? The process of adoption allows for individuals to take on the commitment of being able to care for a child. Through the adoption process, individuals are granted the legal right and responsibility to care for a child. An adopted child has the same rights throughout the divorce process as any biological child. Negotiations surrounding residency, access and custody are equally applicable to spouses’ biological and adopted children. Furthermore on the issue of child support, by committing...

The term custody refers to the right to make decisions on behalf of a child. The areas include school enrolment, education programs, religion, and medical care. The term custody does not indicate where the child of the marriage resides, or with whom they spend more time with. As such, a child may spend equal amounts of time with each parent, however only one may have custody over the child. Additionally, a child may live with only one parent, however both may have custodial rights over the child. Temporary custody deals with who will be granted temporary custody over the children in question during the interim period (where the decisions regarding custody are still being negotiated and have yet to be determined by the court). Temporary custody is enforced until the couple either comes to a consensus on the custody of the children on their own, or when a judge makes a determination on the matter. Usually, the parent who is granted temporary custody is given an advantage when establishing final custody orders, as most judges do not like to disturb the living arrangements that the child has become used to during the period of separation. Sole custody means that one...

In order to move provinces with your child/children, you will usually need either: 1. Some form of court order or agreement that specifically outlines permission to leave the province you currently reside in. In the event that you are not in possession of such documentation, you should speak to your family lawyer in order to gain a further understanding of the appropriate steps that need to be taken before you are able to proceed with the move. 2. If you and your partner cannot agree to the terms of the move, the authority is placed in the hands of the court to come to a final solution regarding the issue. The judgment established by the court will determine whether or not you are authorized to move the children out of the province. In family law, this type of issue is referred to as a mobility issue. At the center of the court's analysis will be determining what is in the best interest of the child/children. For more information on matters concerning moving with your child/children, contact the experienced family lawyers at Krol & Krol at 905.707.3370.

If there is a dispute about a child's custody and/or access, a court may appoint the Office of the Children's Lawyer (also known as the OCL) to give the court independent information as to the wishes of the child and additional information relating to the best interests of the child. In addition, after a court action about custody and/or access is initiated, the parties in the case may request that the Office of the Children's Lawyer be appointed. Pursuant to section 112 of the Courts of Justice Act, the Office of the Children's Lawyer may investigate, make a report, and suggest recommendations to the court. In most custody and/or access cases, children are not represented by the Office of the Children's Lawyer. The Office of the Children's Lawyer is most often involved in high conflict custody and/or access cases. For more information on the Office of the Children's Lawyer, contact Krol & Krol at 905.707.3370.