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Judge can’t order parties to use a Parenting Coordinator

by Daniel Gloade on July 11, 2016

The case of Michelon v. Ryder, 2016 ONCJ 327 (CanLII) is interesting.  The parties signed an Agreement.  It made a list of 45 child custody and access issues that were to be resolved by a named Parenting Coordinator.

Justice Marvin Kurz was asked to sign a court Order as per the Separation Agreement.  Kurz J questioned whether he could order someone to resolve issues by arbitration as opposed to going to court.  Kurz J held that he did not have that power.

Justice Kurz reminded the parties, however, that they can both sign an agreement to arbitrate matters.  It just won’t be in the court Order.

The text of the decision is here.

I did some research.  There is a database to find a Family Mediator.  It is the Ontario Association for Family Mediation.  The website is here.

 

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