Child Custody

So You Think Your Kid is Going to the Show?

hockey boy happy
Written by Russell Alexander ria@russellalexander.com / (905) 655-6335

In Di Sotto v. Lenney the Superior Court of Justice denied a request for custody when the request was motivated by the parents’ attempt to improve their child’s hockey career.

The 15-year-old child had dreams of playing in the NHL and making it to “the show”.  The child lived with his parents in London, Ontario and they thought their child would have a better chance to make it to the NHL if he played in Sarnia, Ontario instead.

The Sarnia hockey organization required the child to be in the custody of a Sarnia resident before he could play.  Hence, the parents brough a court Application requesting a transfer of custody from them to an “acquaintance” whose relationship to the child was described as “minimal”.

Despite the fact that the Application was being made on consent, it was denied by the court.  There was not a plan of custody but rather a plan for the child to board with the acquaintance for 1 year and therefore no genuine intent to turn custodial authority over to the Applicant.

This case appears to be another attempt by a hockey-focused family to surpass the residency rules of many of Ontario’s hockey associations.

To review the full text of this decision, reference:

Di Sotto v. Kennedy (2011), Ont. S.C.J.

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, 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. We have locations in Toronto, Markham, Whitby (Brooklin), Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.