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Father accused of slashing his wife’s throat while on vacation in Jamaica awarded equal and unsupervised access to his two young children

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Father accused of slashing his wife’s throat while on vacation in Jamaica awarded equal and unsupervised access to his two young children

An Ontario Superior Court Justice recently ruled that a father accused of slashing his wife’s throat while on vacation in Jamaica should be awarded equal and unsupervised access to his two young children.

Despite having conducted a lengthily trial and listening to the parents testify, the Judge was unable to determine what had happened in Jamaica.

The mother has since appealed this decision.

The Divisional Court expressed concerns about the process and the circumstances in which the order was made and concluded that the underlying order was unsafe.  In ordering a stay of the trial Judge’s decision, the Divisional Court noted:

” …the decision appears to be, regrettably, unfortunately, a profound violation of the principles of natural justice …

 … I cannot conceive of how it could possibly be in the best interests of the children for them to be told out of the blue, without any warning, a day and a half before Christmas, that for the first time in four years they will be spending a week with their father without supervision.”

For the full text of the Divisional Court decision (staying the trial Judge’s decision), see:

Clayson v. Martin, 2014 ONSC 7506

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit us at www.RussellAlexander.com.