Woodruff Professor of Law; Alonzo L.
November 9, It is difficult to predict whether a court will switch the custody of a child in a parental alienation case, but over the last two years the courts have shown an increasing willingness to prevent alienation from worsening.
There is a growing body of Ontario family law case studies law on parental alienation that shows that the courts are becoming ever more sophisticated about how to deal with the problem. Below you will find summaries of some of the key early cases concerning parental alienation, and some important parental alienation decisions.
In Tremblay, the court identifies alienating behaviour as child abuse.
Reeves Ontario, Reeves v. It appears that the evidence that the mom presented had a strong impact on the outcome. Justice Mossip wrote in her decision: Leave the children where they are with their father or Move the children to live with their mother.
Both choices are fraught with difficulties, however, only the second option I find, offers any hope that Brandon and Nicholas might grow into healthy adults.
I am choosing the option that will no doubt cause the most immediate pain, for what I perceive to be the long term best interests of the children. I find this is a clear case of parental alienation by the father which has resulted in obvious harm to the Reeves children.
Sometimes it takes years for the harm resulting from children being denied their right to have a relationship with both parents to surface. In the case before me, there is already evidence of deep and ongoing harm as a result of parental alienation.
It would, in my view, be a grave disservice to the Reeves children not to act promptly and effectively on her advice and recommendations in this case. Tremblay Alberta, In a case that predates much of the literature on parental alienation, Tremblay v.
Tremblay 10 R. In this case, custody was switched from the mother to the father. I start with the premise that a parent has the right to see his or her children and is only to be deprived of that right if he or she has abused or neglected the children.
Likewise, and more important, a child has a right to the love, care and guidance of a parent. To be denied that right by the other parent without sufficient justification, such as abuse or neglect, is, in itself, a form of child abuse.
Cases of this type, where the custodial parent is, without justification and in the face of a Court Order, denying access to the non-custodial parent, are problematical. If maintenance is being paid, the Court can order that maintenance no longer need to be paid as was done recently by the Honourable Mr.
The Court can also find a custodial parent in contempt of Court and fine the custodial parent or send the custodial parent to jail. However, neither of these alternatives does anything to further the development of a relationship between the non-custodial parent and the child.
The child can still be convinced by the custodial parent that the non-custodial parent is an unfit parent and make the development of a relationship extremely difficult. Faced with such odds, I expect many non-custodial parents give up trying to see their children because they are disheartened by the difficulties in establishing a relationship or do not have the financial resources to persevere through the Courts in an attempt to develop a relationship with their children.
In many cases, the variation of the maintenance or the sending of the custodial parent to jail is not in the best interests of the children. Often the intransigent parent who has defied or at least not lived up to the Court Order ends up essentially being rewarded by being victorious in not allowing the non-custodial parent access.
In cases such as this one I would shy away from sending the mother to jail. It is my belief the children could easily blame the father for the mother having to go to jail.
The Court should not automatically change custody if the custodial parent refuses access or otherwise interferes with the development of a normal parent and child relationship between the non-custodial parent and the child of the marriage.
However, where the parent refuses access serious questions are raised about the fitness of that person as a parent.IMPORTANT FAMILY LAW CASES IN CANADA The Supreme Court of Canada held that a portion of the Ontario Provincial family law legislation was unconstitutional as it refused rights to parties in same sex relationships that were available to parties in opposite sex relationships.
The result of that decision is that all the Provincial . Read all customer case studies and success stories, powered by the AWS cloud. AWS provides cloud computing services to hundreds of thousands of customers. Emory Law is a top-ranked school known for exceptional scholarship, superior teaching, and demonstrated success in preparing students to practice.
10 Things You Should Know About Child Support. 1. Child support All dependent children have a legal right to be financially supported by their parents. This partial list is mostly extracted from the list of often cited family law cases that are supplied to judges hearing family law cases in the Ontario Superior Court of Justice in certain regions, as directed by the Practice Direction.
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