Jackson v. Jackson

Jackson v. Jackson (2008) CanLII 3222, O.J. No. 342, 50 R.F.L. (6th) 149 (Ont. S.C.)
Jackson v. Jackson, is another high-conflict custody and access decision. The decision is of note for the detail and care Justice John Murray took reviewing the social science literature on high-conflict divorce and its effect on children. In our view it is a must-read for any lawyer involved in high-conflict cases and a case that should be provided to clients who go down the high-conflict road. Under the heading “The Toxicology of Conflict,” Justice Murray quotes extensively from learned authors. There are many nuggets here, including the court’s obligation in high-conflict cases, lawyers’ obligations, and the impact of high conflict on children. We particularly liked a quote from E. Mark Cummings, a psychology professor at Rochester University, on how the resolution of marital conflict impacts children’s sense of security: “A useful analogy is to think about emotional security as a bridge between children and the world . . . when the marital relationship is functioning well, it serves as a secure base, a structurally sound bridge to support the children’s exploration and relationships with others. When destructive marital conflict erodes the bridge, children may lack confidence and become hesitant to move forward, or may move forward in a dysregulated way, unable to find appropriate footing within themselves or in interaction with others.” This case provides a truly excellent review of the literature on high-conflict divorce and is well worth your time. Phil Epstein

Exclusive possession of matrimonial home granted to wife until sale of matrimonial home; H had not allowed entry of W or their 4 children into matrimonial home since separation despite concerns about safety of their environment with maternal grandparents

Costs against party acting unreasonably