Family Law Case Studies – an analysis.

Family Law Case Studies
These are case studies that highlight the kind of work we do for our family law clients.
A CONTENTIOUS CUSTODY BATTLE PUTS CHILDREN IN THE MIDDLE The Key Issue: A husband and wife separated after having two young children and both sought custody, each citing claims of the other parent being unfit to raise the kids. The mother wanted sole custody while the father, our client, sought joint custody and wished the children live with him. Both raised concerns of substance abuse by the other along with assertions that their ex demonstrated an inability to parent. What We Did: When it became clear that the parents were unable to negotiate an agreement, we filed a custody application. After a number of motions were heard in Family Court, a private assessment was ordered and a specialist dealing with high conflict matters brought in. The evaluation supported the father’s position. The Outcome: The court gave the father sole custody of the children; the mother was given restricted access. Now, the children continue to reside with the father, have started school and are thriving.	When An Ex Tries Punishing Grandparents By Denying Visits With The Kids The Key Issue: A wife was denying her ex-husband access to their three daughters. She was also blocking the children’s paternal grandparents, who had had a loving relationship with the kids, also were being denied access to their grandchildren by the mother. What We Did: Ontario law protects the rights of grandparents so we filed an action on their behalf. We asked for a court order allowing the grandparents to have access to the children one weekend each month, as well as being able to see the kids during summer and other holidays throughout the year. The Outcome:  The court awarded the grandparents access, finding that the relationship between them and the children was in youngster’s best interests.
Stopping A Parent Who Abducts The Children The Key Issue: Our client was told by his wife that she wanted to separate. Discussions began on all of issues that led to the breakdown of their marriage. Meanwhile, with the husband at work one day, the wife abducted their two children, aged one and three, and left the jurisdiction. Without telling her husband, on the day she arrived in Northern Ontario, the wife started proceedings for sole custody, support and sought a restraining order against the children’s father.  What We Did: We filed an emergency action in Ontario Superior Court on behalf of the father, seeking an order for the immediate return of the children. We also asked the court to require police help in finding the children and, if the wife refused to return to the jurisdicion, hold them until the father could rescue them. We also asked the court to stop the action begun by the wife, since the children had been unlawfully removed from the juridiction and were not residents of . The order was obtained and served on the wife but she still refused to return the children. The Outcome: The court issues an order in favour of our client. Police in Northern Ontario located the children who were returned to the matrimonial home and placed in father’s care.