How has the court considered the role of the wife in determining who takes on the bulk of the parenting role during an intact relationship?

Ontario, Canada


The following excerpt is from Newstead v. Hachey, 2018 ONSC 1317 (CanLII):

Much of the evidence of the wife focussed on the parenting roles prior to separation. The evidence established that the wife took on the larger role although the husband was an involved parent, at times limited by his work and related commitments. Despite the wife’s focus here, in my view the significance of who took on the bulk of the children’s care during the intact relationship fades somewhat when their best interests is examined over three and a half years later when circumstances relating to the now older children have changed. Although a variation and mobility case, Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27 emphasised the need for a “fresh” inquiry (paragraph 47) looking at the existing arrangements (paragraphs 49-7(a) and (b)) and cautioned against undervaluing changes (paragraph 45).

Other Questions


What is the test for determining whether a child who unilaterally ends a relationship with one parent unilaterally terminates their relationship with the other parent without any apparent reason? (Ontario, Canada)
Does the court have to take account of a parent's lifestyle and expenses when estimating the appropriate amount of section 7 expenses to which a parent is being required to contribute? (Ontario, Canada)
What is the impact of a court's inability to clearly determine the cause of the breakdown in the parent-child relationship? (Ontario, Canada)
What is the test for a court to determine if a parent who has been ordered to pay child protection funds for the past 10 years will not comply with the terms of the court order? (Ontario, Canada)
Can a biological parent who is not physically involved in the relationship with the child be considered a non-biological parent of the child? (Ontario, Canada)
In determining if a court order is necessary to protect a child in the future, can the court consider protection concerns other than that that resulted in the child coming into care? (Ontario, Canada)
What is the test for determining whether a parent's best interests is to restrict access to a parent who lives in another parent's home? (Ontario, Canada)
When will the court consider the relationship between the biological parent and the biological mother? (Ontario, Canada)
What factors must the court consider when determining whether a parent should be permitted to move with the child? (Ontario, Canada)
What is the test for determining whether a parent has the prima facie right to move a child from one parent to the other parent's custody? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.