Ontario Court of Appeal Requires Review Mechanism in Parenting Order for Adult Child with Disabilities
The Ontario Court of Appeal (OCA) has ruled that a parenting order restricting a father’s unsupervised, in-person access to his adult child with Down syndrome must include a built-in review process. This decision highlights the unique legal considerations involved in parenting orders for adult children with disabilities, which, unlike those for minors, can remain in effect indefinitely.
Key Takeaways from the Ruling
- Review Mechanism Required: The court determined that parenting orders for adult children with disabilities must allow for future review, ensuring that restrictions on parental access are not permanent without the possibility of reassessment.
- Background of the Case: The parents separated in 2019, and due to the father’s repeated violations of court orders, a trial judge awarded the mother sole guardianship and decision-making authority. The father’s parenting time was restricted to supervised visits.
- Appeal and Decision: The father appealed the ruling, arguing that the restrictions were too severe and did not take into account the child’s preferences. While the OCA upheld the restrictions on unsupervised access, it agreed that a review mechanism was necessary to allow potential future changes based on improved circumstances.
- Parental Responsibility: The OCA emphasized that the father must take active steps to improve his parenting and conflict resolution skills to demonstrate his commitment to his child’s well-being.
Legal Implications for Family Law Cases
This case underscores the importance of adaptability in family law orders concerning adult children with disabilities. Courts recognize that circumstances can evolve, and parenting arrangements should have mechanisms for reassessment.
For parents navigating custody/decision-making authority for adult children with special needs, this ruling highlights the importance of presenting a strong case for ongoing parental involvement while ensuring the child’s well-being remains the priority.
Need Guidance on Parenting Orders in Ontario?
If you’re dealing with a family law dispute involving custody, guardianship, or access to an adult child with disabilities, professional legal advice is essential. Our experienced family law team can help you understand your rights and advocate for the best possible outcome.
Contact us today for a consultation at (289) 652-0529.
DISCLAIMER:
The information provided in this blog is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is established through this writing. You should consult with a qualified attorney for advice tailored to your specific situation. The lawyer and their firm disclaim any liability arising from reliance on this blog or any other content on this website.