Articles

Societal perceptions and understandings of the family unit have evolved drastically over the past decades. As such, both social and legal understandings of the “family” have developed to become inclusive of diverse family arrangements fostering equality and inclusion. In Ontario family law, the Children’s Law Reform Act (“CLRA”) governs who is to be considered a […]

If you and your partner are unable to resolve disputes resulting from your separation by way of out-of-court dispute resolution methods, including negotiation and mediation, you may need to turn to the Ontario court system for assistance. The Ontario family law court process can feel overwhelming to many litigants. The purpose of this article is […]

The courts in Ontario have been very clear that in the event of a disagreement between parents about whether or not a child should be vaccinated against COVID-19, the court will likely find that it is in the child’s best interests to be vaccinated.  In fact, in a case decided in October 2021, the Honourable […]

URGENT MOTION – CONTEMPT OF EXISTING ORDER FOR ACCESS Endorsement The case of Bozzo v. Cartagena came before the Superior Court of Justice in Hamilton on April 3, 2020, pursuant to the Notice to the Profession of the Chief Justice of Ontario, available at https://www.ontariocourts.ca/scj/covid-19-suspension-fam/ (“Chief’s Notice”). The Respondent mother had allegedly unilaterally terminated the […]

MOTION FOR EXCLUSIVE POSSESSION OF MATRIMONIAL HOME AND ACCESS BY ELECTRONIC MEANS Source: CanLII In the recent case of Guerin v. Guerin, the Court dealt with a urgent motion for exclusive possession of the matrimonial home and that the contact between the Father and children be by video chat/telephone. The Court granted the Mother’s request […]

URGENT MOTION – PARENTING AND RESTRAINING ORDER – MOTHER WORKING IN HEALTH CARE Endorsement In this case, the Applicant Mother brought an urgent motion regarding parenting and a restraining order prohibiting the Father from contacting her employer after he contacted her supervisor directly. The Mother is a health care professional working at Sunnybrook Hospital and the […]

CASE CONFERENCE ENDORSEMENT RE:  URGENCY – PARENTING AND SUPPORT Source: AFCC Ontario In this decision, a conference was conducted by telephone by the Honourable Justice Kiteley following service of motion materials by the Applicant Mother. At issue was whether a motion regarding parenting, child and spousal support was urgent within the meaning of the Chief […]

TRIAGE JUDGE ENDORSEMENT – COVID-19 PROTOCOLS, PARENTING AND URGENCY Source: CanLII   In Ribeiro v. Wright, 2020 CarswellOnt 4090 (S.C.J.), the mother brought a motion to suspend the father’s parenting time in light of COVID-19.  At the time the motion was brought, the Court’s regular operations were suspended, and only urgent motions were permitted to be heard.  […]

Last updated: November 30, 2020 We understand that you are likely feeling very uneasy given the challenges that COVID-19 (Coronavirus) has presented to all of our daily routines and future plans. We have been diligently monitoring updates surrounding COVID-19 (Coronavirus) daily and we are adhering to the recommendation and guidelines from federal, provincial and local […]

There are many cases where grandparents seek custody and/or access to their grandchildren. It is desirable to keep these kind of cases out of court if possible and to utilize the assistance of a family therapist or mediator who has the skills to try to maintain or repair the relationship between the parent(s) and grandparent(s). However, that […]

Spouses may apply to equally split the Canada Pension Plan credits accumulated by both parties during the spousal relationship. This is particularly important where one spouse is not employed or otherwise does not contribute to CPP for some or all of the spousal relationship. There is a limitation period (time limit) for an application for […]

Domestic contracts include cohabitation agreements, marriage contracts and separation agreements. According to the Family Law Act, a domestic contract and any agreement to change or rescind a domestic contract are unenforceable unless made in writing, signed by the parties and witnessed. Domestic contracts allow parties to make binding arrangements in relation to issues arising from […]

In dealing with property for married spouses, the date of separation is also known as the valuation date. Assets and debts are valued as of that date, as well as the date of marriage as part of the equalization process. With few exceptions, equalization is intended to make the financial impact to each party over […]

A matrimonial home or any other real property can be owned jointly or as tenants in common. An important feature of a jointly owned property is the right of survivorship. A property that is owned jointly with a right of survivorship passes to the surviving owner upon the death of the other joint owner. This […]

While matrimonial homes are commonly jointly owned by spouses, that is not always the case, particularly (although not exclusively) when a spouse owns the home before marriage. The matrimonial home is afforded special protection and treatment in Ontario and it can be protected by a spouse who is not a titled owner of the home […]

All Orders for child and/or spousal support – at least initially – must be enforced by the Family Responsibility Office, commonly referred to as “FRO”. If an order is made for child or spousal support, information about the support recipient and support payor must be provided to FRO. Parties may withdraw from FRO enforcement provided […]

In order to claim spousal support, it must first be established that the person making the claim qualifies as a spouse pursuant to family law. In family law, spouses are: Two people who are legally married; Two people who have cohabited in a relationship resembling marriage for at least 3 years (common law spouses); or […]

In family law, spouses are: Two people who are legally married; Two people who have cohabited in a relationship resembling marriage for at least 3 years (common law spouses); or Two people who have cohabited for any period if they are the natural or adopted parents of a child or children (common law spouses). Family […]

It is commonly known that children in family law proceedings includes one’s natural or adopted children; however, less known is the fact that a person can be found to be standing in the place of a parent to a child who is neither his or her natural or adopted child and rights and obligations may […]

Parents have an obligation to provide financial support for their child or children; however, the obligation ends for each child either in accordance with an agreement or Order, or pursuant to applicable law. It is commonly known that children in family law proceedings includes one’s natural or adopted children; however, less known is the fact […]

In some cases – regardless of custody arrangements with respect to decision making – a child or children resides primarily with one parent (meaning more than 60% of the time) and secondarily with another parent, whose parenting time is commonly referred to as access. In other cases, a child or children may reside equally or […]

“Access” refers to parenting time with a child or children. Do you need legal help arranging access to your children? Speak with one of our experienced lawyers today.

Custody generally refers to decision making for children including decisions affecting a child’s: Health; Education; Religion; and Major extracurricular activities. Joint custody means that parents have equal say with respect to major decision making for a child or children. Sole custody means that one parent has the ability to make major decisions for a child […]

The law in Canada facilitates the pursuit of reconciliation between married spouses who have separated. For example, spouses may resume cohabitation for up to 90 days without impacting the date of separation for the purpose of living separate and apart for at least one year. If you’re unsure about where you stand with regards to […]

The date of separation is the date when spouses separate with no reasonable prospect of reconciliation. The decision to separate is unilateral (meaning consent or agreement from both spouses is not necessary). A spouse can communicate the decision to separate through words and/or action and sometimes notice is given through counsel or through Court proceedings. […]

Spousal misconduct does not affect a spouse‘s obligation to provide financial support to the other spouse when the relationship breaks down. Do you have concerns over your spouse’s actions and their impact on you? We’re a team of family law lawyers experienced in assisting with situations just like yours.  Reach out for a free consultation, […]

Divorce is only applicable to legally married spouses. There is one ground for divorce in Canada, which is a breakdown of the relationship. The relationship breakdown may be evidenced in one of three ways: Living separate and apart for at least one year; Adultery; and Physical or mental cruelty.  It is possible to be living […]