Pearce Ducharme Family Law Blog

Exerpt taken from Pearce Ducharme  . Mediation is voluntary.   It is an attempt to resolve the matters in dispute with the assistance of a third party by way of  discussion and compromise. Good Matrimonial lawyers routinely try to resolve issues in this  fashion.  They may have a tendency however, to resort to the traditional adversarial  approach  when they hit roadblocks.  Some issues are more difficult to arbitrate than others. Custody is often such an issue.  Arbitration does not focus on what each party is entitled to, so much as what works for the  parties and seeks common ground on all of the issues.  Under Ontario law, mediation is given a role, allowing courts to order it, with consent. Find out more at our main site Pearce Ducharme Family Law Pearce Ducharme Family Law is a law firm in Windsor Ontario We have been acting for Emergency custody cases, Divorce, Separation, Child Support, Spou...

There are very few situations in which “cheating” will be considered by a presiding Justice.    This is often felt to be unfair by the non-cheating spouse, especially when the issues  of custody and access are raised. But courts will consider custody and access based  upon what is in the ‘best  interests’ of the children.  They can review all of the  facts and can take conduct of the parties into consideration but it would be very unusual for a court to put much emphasis on infidelity.   for more information on Windosr Family lawyers go to our main site. -------------------------------------------------------------------------------------------------------------- Pearce Ducharme Family Law is a law firm in Windsor Ontario We have been acting for Emergency custody cases, Divorce, Separation, Child Support, Spousal Support, Access and Children's Aid matters for almost 40 years. If you have an emergency situation we will comm...

A bitter custody dispute occasionally  results in one of the parents seeking to find a more  ‘hospitable’ jurisdiction to argue custody in. In rare cases, parents often abduct the child to a  jurisdiction where they will not be found, or to a jurisdiction  here the abducting parent will  have an advantage in any court proceeding. For example, an Iranian parent may take the child  and scoot back to Iran while a Mexican parent may race back to Mexico with the child. Most jurisdictions make some attempt to stop ‘jurisdiction shopping’. Accordingly, the  provisions of the Divorce Act allows a court to transfer divorce proceeding from one Province to  another if it would allow a court to better act  in the best interests of the child. Almost all the Provinces have provisions aimed at allowing reciprocal enforcement of custody orders between Provinces, to minimize attempts by parents to re-try these cases until they obtain a favourab...