Given the current COVID-19 crisis, many families may be struggling to adjust to alternative custody and parenting arrangements, especially with blended families. Although emotions may be running high and current arrangements not ideal, the case law has been clear: “None of us know how long this crisis is going to last. In many respects we are going to have to put our lives “on hold” until COVID-19 is resolved. But children’s lives – and vitally important family relationships – cannot be placed “on hold” indefinitely without risking serious emotional harm and upset. “ In Ribeiro v Wright, 2020, ONSC 1829 the separated parties had joint custody of their son since 2012. The son had always resided primarily with the mother, with the father having access on alternate weekends. The father, prior to the COVID-19 outbreak, had brought a motion to increase his parenting time, however this had not yet been … Read More
Divorce and Separation: Who gets the family pet?
Upon separation or divorce, a contentious issue is often which party gets to keep the family pet. Despite furry friends often being just as important to the family as children, Ontario’s courts have refused to make custody orders in respect of family pets. Justice Timms in Warnica v Gering stated “Whether in the Family Court or otherwise, I do not believe that any court should be in the business of making custody orders for pets, disguised or otherwise… Obviously, I acknowledge that pets are of great importance to human beings. Strong bonds develop between them and the human beings that look after them. To some people, the relationship with their pets takes on a significance exceeding that of any other. They go to extraordinary lengths to preserve that relationship; even at a cost that some would say is disproportionate. Some may consider them to be children; however, they are not children.” … Read More