Monday, February 17, 2020
140Law: Legal Headlines for the week of February 17, 2020
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Monday, February 17, 2020
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Monday, February 10, 2020
140Law: Legal Headlines for the week of February 10, 2020
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Monday, February 10, 2020
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Monday, February 03, 2020
140Law: Legal Headlines for the week of February 3, 2020
Monday, January 27, 2020
140Law: Legal Headlines for the week of January 27, 2020
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Monday, January 27, 2020
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Tuesday, January 21, 2020
Grandparental Access and Custody Rights of Extended Family Members
Reprinted from The Lawyer's Daily
As Hillary Clinton famously observed, it takes a village to raise a child.
In many cultures, this philosophy is quite literally represented in the way family units are structured. Parents, children, grandparents, aunts, uncles and even cousins often live together under one roof, with all adults playing an integral role in the upbringing of the children of the home.
Upon a relationship breakdown, the close bonds these children develop with their extended family members are at genuine risk.
Despite this, Canada’s family law continues to reflect the primacy of the nuclear family - parents and children only. This focus detrimentally affects grandparents in particular, many of whom have resided with the family unit and even been de facto primary caregivers of their grandchildren, until the marital or relationship breakdown.
As the Court of Appeal noted in Chapman v Chapman (2001), 2001 CanLII 24015 (ON CA), which remains the leading Ontario decision on grandparental access, the underlying assumption is that parental autonomy and deference is to be maintained, unless a parent behaves in a manner inconsistent with the best interest of the children.
Further, a strong, existing relationship between an extended family member and a child must be demonstrated for access with the extended family members to even be considered.
While this approach might make good sense in the context of a typical nuclear family, it does not necessarily reflect the realities of other types of family units, particularly the joint or combined family.
Canadian law will protect relationships between a child and an extended family member, if that relationship is substantial in nature and, and in the words of the Ontario Court of Appeal, is subject to being “imperilled arbitrarily” by a parent.
Our family courts appear to fall short, however, in failing to apply the best interests test to account for the emotional and cultural significance of extended family, and to prevent the further destabilization a child may suffer on marital or relationship breakdown if their bonds with extended family are not more meaningfully protected.
This is particularly true of extended family that children have resided with.
It has been argued that a parent should have elevated status in assessing best interests. This position was considered by Justice Aston in Vanderhoek v Stark, [1999] O.J. No. 4479. While the Court expressly rejected that there was any legal presumption in favour of a parent in custody cases, it nonetheless stated:
- Garry J. Wise, Toronto
Monday, January 20, 2020
140Law: Legal Headlines for the week of January 20, 2020
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Monday, January 20, 2020
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Monday, January 13, 2020
140Law: Legal Headlines for the week of January 13, 2020
Monday, January 06, 2020
140Law: Legal Headlines for the week of January 6, 2020
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Monday, January 06, 2020
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Monday, December 16, 2019
140Law: Legal Headlines for the week of December 16, 2019
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Monday, December 16, 2019
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Thursday, December 12, 2019
Legally Adulting in Toronto
Last night, WISE LAW held its final Legally Adulting community meetup for 2019 at Creeds Coffee Bar on Dupont Street in downtown Toronto.Thank you to everyone who attended last night for your active participation and input. We hope the experience was as enjoyable for you as it was for us.
We have come a long way since our first Legally Adulting back in April. It's been an exciting and rewarding journey meeting all of you.
We are already looking forward to next year's Legally Adulting seminars. Please send us your feedback and follow us on Facebook to get the latest news on our upcoming schedule of events.
Stay tuned for more Legally Adulting 2020 in January.
Monday, December 09, 2019
140Law: Top 10 Legal Headlines for the Week of December 9, 2019
140Law: Legal Headlines for the week of December 9, 2019
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Monday, December 09, 2019
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Monday, December 02, 2019
140Law: Legal Headlines for the week of December 2, 2019
Monday, November 25, 2019
140Law: Legal Headlines for the week of November 25, 2019
Monday, November 18, 2019
140Law: Legal Headlines for the week of November 18, 2019
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Monday, November 18, 2019
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