The Impact of COVID-19 / Coronavirus on Family Law

Kimberley Wilton, B.Sc. (Hons.), B.A., J.D.Alternative Dispute Resolution (ADR), Child Support, Coronavirus, COVID-19, Custody and Access, Divorce, Family Law, Interjurisdictional Disputes, Mobility Issues, Separation, Separation Agreements, Spousal Support0 Comments

The current COVID-19 pandemic has dominated our working and private lives. It is not surprising that the pandemic has greatly impacted all areas of family law and has created unprecedented challenges for separated parents. Self-isolation and social distancing orders have presented a host of challenges for parents dealing with access and parenting arrangements. Many parents have lost jobs or suffered other economic losses during the pandemic which has left them unable to fulfill their current support obligations. An increase in domestic violence has been another unfortunate result of the pandemic, which may increase the need for restraining orders and peace bonds. While the Ontario Superior Court of Justice and the Ontario Court of Justice have suspended regular operations, they continue to hear urgent family law matters. The closure of the courts highlights the need for cooperation between parents and their counsel during these times. At Gilbertson Davis LLP, we have … Read More

COVID-19 / Coronavirus: Access to children with additional health risks

Gilbertson Davis LLPCOVID-19, Custody and Access, Mobility Issues, Separation0 Comments

Sharing custody of a child or children can be difficult at the best of times. With the additional stress of the COVID-19 crisis, shared custody and access adds further strain to this relationship. Parents are forced to make difficult decisions about their child’s wellbeing  while balancing parenting arrangements often ordered by the courts, and additional challenges posed by mandatory public health protocols. Parents with children who have additional needs or are at increased risk of exposure to COVID-19 are likely to face additional difficulty during this crisis with the court becoming involved where parties cannot resolve their conflicting views. Many parents have sought to suspend access or seek sole custody of their child during the crisis, citing fears for their child’s health. The onus is on the party seeking to restrict access to provide specific evidence or examples of behaviour or plans by the other party that are inconsistent with … Read More

Parenting Issues During COVID-19 / Coronavirus

Kimberley Wilton, B.Sc. (Hons.), B.A., J.D.Alternative Dispute Resolution (ADR), Coronavirus, COVID-19, Custody and Access, Divorce, Family Law, Interjurisdictional Disputes, Mobility Issues, Separation, Separation Agreements0 Comments

In these uncertain and unprecedented times, parenting issues have been by far the most prevalent and pressing concerns in family law. Restrictions on international travel, limitations on domestic travel, the closure of supervised access centres and public health directives have all disrupted parenting orders and agreements. Parents are placed in a difficult position of having to continue to abide by their current access arrangements, whether that be a court order, formal written agreement or informal agreement, while ensuring the health and safety of their children, and family, and following public health directives. While the Ontario Superior Court of Justice and the Ontario Court of Justice have suspended regular operations, they are still hearing urgent family law matters. There has been a slew of decisions released in the past few weeks which specifically deal with custody and access issues during the pandemic. Over seventy percent of urgent matters the court dealt … Read More

COVID 19 / Coronavirus-Blended Families

Gilbertson Davis LLPCustody and Access, Family Law, Mobility Issues0 Comments

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

COVID-19 / Coronavirus: What Constitutes an Urgent Family Law Matter?

Kimberley Wilton, B.Sc. (Hons.), B.A., J.D.Coronavirus, COVID-19, Custody and Access, Division of Property, Divorce, Family Law, Mobility Issues, Preservation Orders, Separation0 Comments

On March 15, 2020, the Chief Justice of the Ontario Superior Court of Justice released a Notice to the Profession advising that all scheduled family law hearings were adjourned until further notice. Similarly, as of March 20, 2020 the Ontario Court of Justice adjourned all scheduled family law hearings until May 29, 2020.  Both courts continue to hear urgent and emergency family law matters. According to the March 15, 2020 Notice to the Profession, the Ontario Superior Court of Justice will only hear urgent family law matters such as: requests for urgent relief relating to the safety of a child or parent (e.g., a restraining order, other restrictions on contact between the parties or a party and a child, or exclusive possession of the home); urgent issues that must be determined relating to the well-being of a child including essential medical decisions or issues relating to the wrongful removal or retention of … Read More

Gilbertson Davis LLP Welcomes Family Law Lawyer Kimberley Wilton!

John L. Davis, B.A. (Hons.), J.D.Adoption, Child Support, Collaborative Family Law, Custody and Access, Division of Property, Divorce, Family Law, Gilbertson Davis LLP News, Interjurisdictional Disputes, Marriage Contracts, Mobility Issues, Spousal Support0 Comments

Gilbertson Davis LLP extends a Warm Welcome to Family Law Lawyer Kimberley Wilton.  Kim was called to the Bars of Ontario, Newfoundland and Labrador in 2013, after obtaining her Doctor of Jurisprudence degree from Dalhousie University (2012; Schulich School of Law), a B.Sc. (Hons.) degree from the University of Toronto (Psychology and Middle Eastern Studies; 2006) and a B.A. degree from Memorial University (English Language and Literature; 2009).  Kim is also certified as a Collaborative Family Law Lawyer.   Kim is passionate about the provision of client service to a standard of excellence.  She has experience in a broad range of Family Law matters, including contentious custody and access disputes, child and spousal support claims, complex property disputes including the division of assets, adoption applications and mobility issues. She is also experienced in drafting parenting plans, separation plans and domestic contracts.  Kim is sensitive to the specific needs of each client, … Read More