So You Think Your Kid is Going to the Show?
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.