In F v N (2022 SCC 51), the Supreme Court of Canada (“SCC”) decided the question of whether or not Canadian courts have jurisdiction over custody issues involving children in situations of parental abduction. At issue were provisions of the Children’s Law Reform Act (“CLRA”) that sought to create a regime to address such concerns […]
B.J.T. v J.D., 2022 SCC 24 [B.J.T.] is a case concerning a custody dispute over a child in relation to the Child Protection Act, R.S.P.E.I. 1988, c. C-5.1 [CPA], Prince Edward Island’s child protection legislation. The story of the parties is long, complicated, and distressing, with the battle for custody of W.D., the child, between […]
Families come in all shapes and sizes, and the primary caregivers of a child in a given family aren’t necessarily always the child’s parents. The law, however, has struggled to grasp the diversity of family structures in the context of custody hearings. The Prince Edward Court of Appeal (“PECA”) faced this dilemma in BJT v […]
The Supreme Court (“SCC”) will hear F v N SCC 39875 [“F v N”] in March 2022. In this decision, the SCC will address the proper application and interpretation of ss. 23 and 40 of the Children’s Law Reform Act, RSO 1990 c C 12 (“the CLRA”) as well as the“best interests of the child” […]
New evidence is rarely introduced or accepted at appeal courts. However, this rule of thumb could change as the Supreme Court of Canada (“SCC”) hears submissions from counsel in Barendregt v Grebliunas. It is one of three cases the SCC is hearing on child custody matters Dec. 1st and 2nd, 2021, but this one could […]
On November 9, 2017, the Supreme Court of Canada (“SCC”) heard the case of Office of the Children’s Lawyer v J.P.B and C.R.B. While judgment has yet to be rendered, it is expected that the SCC will answer the following questions: First, in child custody cases where one parent lives outside of Canada, how should […]