Case Law Minutes#1- A.M. v C.H. 2019 ONCA 764 (parental alienation) скачать в хорошем качестве

Case Law Minutes#1- A.M. v C.H. 2019 ONCA 764 (parental alienation)

This is the first video of our series Case Law Minutes, which focuses on the frequently cited cases in family court in Ontario, as listed here: https://www.ontariocourts.ca/scj/prac... This series is presented by Osgoode Hall Law School students. Speaker for this video: Aaron Huizinga (J.D. Candidate Osgoode Hall Law School, 2023) This video highlights the court's guidance on parental alienation in the case A.M. v C.H. LINKS Trial decision:2018 ONSC 6472: https://canlii.ca/t/hvxxx Appeal court decision: 2019 ONCA 764 https://canlii.ca/t/j2nf4 Passages mentioned in the video are quoted from A.M. v. C.H., 2018 ONSC 6472 (CanLII), https://canlii.ca/t/hvxxx [107] Parental alienation is a legal concept as opposed to a mental health diagnosis. As such, it is my view that the court can make a finding of alienation based upon an analysis of the facts alone without expert evidence. [108] Experts have developed a list of factors to aid in identifying parental alienation. Cases have cited these factors. For example, when analyzing the issue of parental alienation in C.(W.), MacPherson J. qualified Dr. Fidler as an expert in alienation. Dr. Fidler set out indicators of alienation; these have been cited in numerous cases: L.(A.G.) v. D.(K.B.) (2009), 2009 CanLII 943 (ON SC), 93 O.R. (3d) 409 (Ont. S.C.), at para. 92 [L.(A.G.)]; G.(J.M.) v. G.(L.D.), 2016 ONSC 3042 (CanLII), at para. 134 [G.(J.M.)]; Maharaj, at para. 140. The indicators of alienation are in a chart in paragraphs 109. A finding of alienation can result in these possible orders, as noted in paragraph 110. 1) Do nothing and leave the child with the alienating parent; 2) Do a custody reversal by placing the child with the rejected parent; 3) Leave the child with the favoured parent and provide therapy; or 4) Provide a transitional placement where the child is placed with a neutral party and therapy is provided so that eventually the child can be placed with the rejected parent. Warning: The videos on Litigation Help are intended to provide general legal information only. They are not substitutes for legal advice from a legal professional. We do not warrant the accuracy of any of the information in the videos. They are entertainment, informational videos only meant to provide some context to common legal terms or doctrines. If you require legal help, please consult a professional directly