What are the consequences of striking a portion of a father's pleadings in relation to the father's parenting claims?

Ontario, Canada


The following excerpt is from Thomas v. Brereton, 2021 ONSC 5642 (CanLII):

25. I refuse, however, to strike his pleadings in relation to the Father’s parenting claims. There are conflicting factual claims in the parties’ pleadings and there is no parenting order or schedule in place. Courts have repeatedly cautioned against striking portions of pleadings dealing with custody and access (now “parenting”) because courts typically require both parties’ participation to make orders that are truly in the best interests of the children: Peerenboom v. Peerenboom, 2018 ONSC 5796 at para. 17, citing Henderson v. McLean, 2015 ONCJ 533 at paras. 41-42.

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