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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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Old 07-30-2015, 12:38 PM
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Default Urgent Motion -> Nesting

Source: Epstein?s This Week in Family Law | Interim custody | WestlawNext Canada Portal

By: Philip Epstein

Quote:
Veljanovski v. Veljanovski, 2015 CarswellOnt 9263 (Ont. S.C.J.): On either party’s version, they both had been separated but still lived together in the matrimonial home for a considerable period of time. The parties had two children, aged 5-1/2 and almost 4 years. Both parents sought interim custody and both parties argued that the matter was urgent and that tensions in the home were starting to rise. Justice Rogin of the Superior Court of Justice took a very careful look at the parts of the evidence that were uncontested. Since this was an interim motion and the parties had not been cross-examined, the learned Justice had restricted himself to that part of the evidence. This is a heavily factually based case and these kinds of cases virtually always turn on their facts and not the law.
Excellent read. Case law is not on CanLII yet.

Good Luck!
Tayken
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