When will a judge dismiss an application by a father seeking to have access to his children?
Ontario, Canada
The following excerpt is from Brittain v. Brittain, 2003 CanLII 2289 (ON SC):
There has been no change in the condition means, needs or circumstances of the children or in the ability of the parents to meet the needs of the children which materially affects the children and which was not foreseen or could not reasonably contemplated at the time of the consent judgment in June 2002. On this basis alone, I would dismiss the application. It is not necessary for me to embark on a fresh inquiry into what is in the best interest of the children. However, I observe that as in Young v. Young, the record in this case discloses that the father is a good father and with the help of his parents, has carried out his responsibilities as a custodial parent. If the children move, the father will become an access parent and the children will no longer benefit from his co-parenting.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a father who seeks to undermine the relationship between his children's relationship with their mother, who is also a primary parent of the children, violate the children’s right to care for them? (Ontario, Canada)
If a father's materials set out that he would assist in the mother continuing to have access to the child if the child was returned to the father, would the father's material set out to support the mother's access? (Ontario, Canada)
What is the urgency of a father seeking access to his children six months after separation? (Ontario, Canada)
How have the courts dealt with an application where the applicant's disrespectful behaviour was so extreme that the application was dismissed as abuse of process? (Ontario, Canada)
Is there any case law relating to an accident benefit application where a delay in submitting the Application due to a personal relationship preventing the Applicant from making an application? (Ontario, Canada)
What is the application judge’s approach to an application for a declaration in relation to an agreement of purchase and sale? (Ontario, Canada)
Does a motion judge have considered the best interests of the parties in the context of a finding of contempt over access to children? (Ontario, Canada)
Does having the father present his case first, including evidence presented by the father and his witnesses, result in the mother’s counsel eliciting information from the mother without first putting the issue to the father? (Ontario, Canada)
When a child seeks to deduct expenses from his father's income, does the child have to prove that the father’s income is taxable? (Ontario, Canada)
Does an applicant have to respond to directions from the Human Rights Tribunal or have the application dismissed? (Ontario, Canada)
