Avoiding Child Abductions By A Spouse
October 29, 2008 by Stephanie Ostreicher LL.B.
Unfortunately, child abductions are one parent’s way of trying to gain a tactical advantage over the other parent in a custody battle. This applies especially to international abductions. Abducting a child before a custody order is made means that the parent who’s taking the child out of the country doesn’t have the consent of the [...]
Custody Orders And Police Assistance For Spousal Child Abductions
October 24, 2008 by Stephanie Ostreicher LL.B.
Having a custody order from the court is very important in the case of a spouse taking a child away because the police are unlikely to be able to assist you unless there’s a court order. When seeking a custody order for our clients, we make sure that the order contains the appropriate terms needed [...]
The Hague Convention On International Child Abduction
October 23, 2008 by Stephanie Ostreicher LL.B.
The Hague Convention is an international treaty through the United Nations that has around 73 signatories. One of the biggest issues when a child is abducted to another country, and you need to get that child back, is determining which country’s court has the jurisdiction to deal with the issue. The Hague Convention sets up [...]
How Your Lawyer Can Help With Spousal Child Abduction
October 22, 2008 by Stephanie Ostreicher LL.B.
Typically, the first thing we do is go to court and seek a custody order, but it also depends on when this family comes to us. If a parent is fearful that the spouse might abduct the children, then we do proceed with the custody order right away. If they’ve come to us after the [...]
The Passport Control List Can Assist In A Case Of Child Abduction By A Family Member
October 21, 2008 by Stephanie Ostreicher LL.B.
The passport control list is a list of children under the age of 16 who are either at risk of being abducted or who have previously been abducted. Passport Canada operates in partnership with the RCMP. The custodial parent is the only one who has the option to place the child on the passport control [...]
How The Amount Of Child Support Is Determined
September 24, 2008 by Andrew Feldstein LL.B.
The amount of child support is easy to determine. There are Federal support guidelines and Ontario support guidelines and they both have identical numbers. First we determine what the payer’s income is and then the number of children that the payer has to pay for in terms of child support. Then, you look at the [...]
Custodial Parents Who Want To Move
September 23, 2008 by Andrew Feldstein LL.B.
The custodial parent does not automatically have the right to move. A mobility case is one of the most difficult cases to wrestle with because it is very hard to get an agreement that pleases everyone. It’s very difficult if a parent has been seeing his children 5 or 6 nights out of 14 and [...]
Explaining Child Custody
September 22, 2008 by Andrew Feldstein LL.B.
Custody determines who the custodial parent is and who gets the final say in the decision-making process. It does not mean that there is an established time sharing agreement between the parents that outlines how often the access parent is going to see his or her children. Some people think joint custody means equal time [...]
Changes In Child Custody And Access
September 19, 2008 by Andrew Feldstein LL.B.
Changes in access can be made once the parents have worked with the current system for a reasonable period of time. If the ink is just dry on the Separation Agreement, the courts are not going to have much patience. The issues of custody and access are always fluid and can be changed as children [...]
Joint, Sole and Shared Custody
April 28, 2008 by Michael Nyhof LL.B.
Custody is not just about where the children live; it’s about who has the power to make decisions for the children. Joint custody is the preferred arrangement because it continues to give both parents an important role with the children. The courts choose joint custody when they believe that both parents can work together in [...]
