Merkand v. Merkand

Merkand v. Merkand

The appeal is dismissed because the trial judge properly exercised discretion to order continued supervised access based on evidence of the appellant's manipulation of the children, willingness to subject them to assessments and risk of pressuring them if access expanded; the order, although exceptional, was justified and does not preclude the appellant from seeking variation upon proof of a material change in circumstances.

Citation
C43178
Parties
Applicant/appellant: Irshad Merkand; Respondent/respondent: Tallat Merkand
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
13 February 2006
Procedural Posture
Family Law Appeal / Court of Appeal Decision From Superior Court Order
Outcome
Appeal dismissed; order for supervised access affirmed
Legal Topics
Supervised Access, Indefinite Access Orders, Best Interests of the Child, Variation of Access, Material Change in Circumstances, Costs
Source Language
English
Family Law Child Custody and Access Appeals Supervised Access Indefinite Access Orders Best Interests of the Child Variation of Access Material Change in Circumstances +1 more

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Parties

Irshad Merkand

Applicant/appellant

Tallat Merkand

Respondent/respondent

Procedural Posture

Family Law Appeal / Court of Appeal Decision From Superior Court Order

Legal Issues

  1. 1 Whether the trial judge erred in law by ordering indefinite supervised access that would prevent future unsupervised access
  2. 2 Whether the trial judge failed to adequately balance factors in determining best interests of the children
  3. 3 Whether the appellant is precluded from seeking variation absent conditions imposed by the trial judge

Ratio Decidendi

The appeal is dismissed because the trial judge properly exercised discretion to order continued supervised access based on evidence of the appellant's manipulation of the children, willingness to subject them to assessments and risk of pressuring them if access expanded; the order, although exceptional, was justified and does not preclude the appellant from seeking variation upon proof of a material change in circumstances.

Court Disposition

Appeal dismissed; order for supervised access affirmed

Orders

  • Appeal dismissed
  • Order for continuation of supervised access affirmed