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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 12-11-2012, 04:36 PM
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Tayken Tayken is offline
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Default Child Support & Access - The Right of The Child!

Hi All,

Very interesting order with lots in it.

Kroupa v. Stoneham, 2011 ONSC 5824 (CanLII)
Date: 2011-10-04
Docket: FS-07-59658
URL: http://canlii.ca/t/fnbdh
Citation: Kroupa v. Stoneham, 2011 ONSC 5824 (CanLII)

1. No order is ever "FINAL" in a matter of custody and access.

2. You can't bargain away a child's right to child support. (Even ordered FINAL.)

Quote:
[23] The written agreement purports to bargain away the respondent’s right to access in exchange for eliminating his obligation to pay both retroactive and ongoing child support. The rights that have been bargained away are rights of the child, not rights of the parents.

[24] Child support is the right of the child: see D.B.S. v. S.R.G., 2006 SCC 37 (CanLII), [2006] 2 S.C.R. 231, at paras. 28-54.
3. Access is also the right of the child.

Quote:
[25] Similarly, access to a non-custodial parent is a right of the child. In V.S.J. v. L.J.G. 2004 CanLII 17126 (ON SC), (2004), 5 R.F.L. (6th) 319 (Ont. S.C.J.), Blishen J. stated, at para. 128:
There is a presumption that regular access by a non-custodial parent is in the best interests of children. The right of a child to visit with a non-custodial parent, to know and maintain or form an attachment to a non-custodial parent is a fundamental right and should only be forfeited in the most extreme and unusual circumstances. To deny access to a parent is a remedy of last resort.
Good Luck!
Tayken
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