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It should not be a matter of "win" or "lose" when it comes to Ontario child welfare law. Ontario's Child and Family Services Act tells us that the paramount purpose is to "promote the best interests, protection and well-being of children." One might…
As the temperature dips, the leaves fall, and the Halloween costumes are safely stored away, many begin to look forward to the Christmas season. You have made a shopping list for gifts and have pulled out your trusted recipe box and have begun…
We have previously commented upon procedural fairness in child welfare cases and the role that summary judgment motions play: Part 1 and Part 2. We have called for reforms. The growing threat to procedural fairness principles has been further exacerbated by the Supreme…
Allegations of alcohol abuse are often advanced to restrict a parent's access to his/her children in both child custody cases and in child welfare (children's aid society) cases. There are reliable measures available to challenge such allegations. Yes, it does cost money. But…
"We need very clear direction from Parliament to signal to judges and lawyers (and the public) that equal time should be the starting point." What should be the rebuttable presumption when it comes to determining post-separation/divorce parental contact with children? Is there a…
There is a presumption that a successful party is entitled to the costs of a motion, enforcement, case or appeal (Ontario Family Law Rules, R. 24(1)). There is, however, no such presumption for costs in a child protection case (Rule 24(2)). Does that…
Child protection agencies have a fairly light onus on them when it comes to analyzing whether or not they were justified in effecting an apprehension of children from their parents' care. (But at least there is some degree of onus on them.) Despite…
Justice George Czutrin rendered an important appeal decision (from a judge of the Ontario Court of Justice) on 20 June 2013: B. (A.) v. A. (N.L.) Justice Czutrin's decision adopted the principles of procedural fairness that Gene C. Colman had advanced years earlier…
Supervised access is a frequently advanced claim in child custody-access cases. It places the child and parent in an artificial and restricted atmosphere. Cases have maintained that supervised access interferes with the parent/child relationship. It is meant to be a temporary measure only.…
Gene C. Colman update 16 February 2020 In the blog post below I referred to Justice John Harper's decision in the Ontario Superior Court of Justice where custody was changed from the alienating mom to the target parent, Dad. The mother appealed and…
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