My estranged wife is denying me access to our baby. She …

May 28th, 2019

Ontario Family Court judges generally have a very dim impression of parents, mothers or fathers, who deny their children the opportunity to have a relationship with both parents.  Section 16(10) of the Divorce Act requires that judges give children of married parents the maximum possible contact with each parent that is consistent with the child’s […]

 

My ex-spouse refuses to amend the schedule and allow me …

May 17th, 2019

Taking the children away on a vacation is a frequent source of conflict after separation, and the subject of many Family Court motions. The non-travelling parent may be jealous or fear that the trip could give the travelling parent the advantage of having a better relationship with a child. Judges, on the other hand, aren’t […]

 

Setting Aside Orders in Family Court

April 16th, 2019

For various reasons, family law litigants may fail to participate in their court proceedings, placing them at risk of being “noted in default”. The court may then make “uncontested” orders in their absence, based on the evidence of the moving party only. It may come as a great surprise to learn that these orders are […]

 

How Can I Obtain Custody of the Family Pet in My Divorc …

March 27th, 2019

Under Ontario’s current Family Law Legislation, pets, of any sort, are not treated like children they are, for all purposes of law “property”, like furniture, cars or bank accounts.  So, judges do not decide things on the basis of the “best interests of the pet”, the way judges decide parenting issues on the basis of the […]

 

I Want to move Provinces However, I am Aware That I’d …

March 13th, 2019

If you, as a primary parent, want to move, you would need your ex’s permission because naturally,  moving will interfere with him parenting your son.  However, if he moves, then he will be interfering with his own time with your son, and, presumably, that will not affect your time with the child/ren.  However, if he […]

 

What Does The Court Decision On the Repeal Of The Sexua …

March 7th, 2019

On February 28, 2019, the Ontario Divisional Court released its decision on the constitutional challenge to the provinces repeal of the 2015 Sexual Education Curriculum brought by the English Public Teachers Union and the Canadian Civil Liberties Association and others. While the Court dismissed the challenge, the decision does not prohibit teachers from teaching the 2015 Sexual […]

 

I Owned the Home Before We Married – Why Does My Spou …

March 5th, 2019

We are all familiar with the skyrocketing price of homes in Toronto and the surrounding area. It is not a simple feat to purchase a home – it requires a lot of hard work and obviously, money. Picture this: you work your way through school, spend years in full-time employment, finally earn enough income to […]

 

Is it Illegal For A Teacher To Secretly Film Their Stud …

February 26th, 2019

Most, if not all, of us can likely agree that it is wrong to film someone without their consent. We can also probably agree that it is even more wrong when the filming is sexual in nature. Take for example someone filming you inside your condo while changing and/or focusing their camera in on your […]

 

What The Death of Riya Rajkumar Means For Family Law Cu …

February 15th, 2019

Millions of people were startled late last night to when the emergency tones went off for the Amber Alert for Riya Rajkumar, only to learn, minutes later, that she had been found, but not safe.  Riya did not return from an “access visit” with her father for her birthday.  Her mother contacted police because she […]

 
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