I have Relocated to Canada – Can My Parents and Grand …

November 10th, 2018

Emigrating to another country can sometimes be a very lengthy and daunting process. Often families are forced to temporarily leave their loved ones behind and set up home in a new environment with hopes to reunite with their family in the near future. Consequently, family reunification is perceived to be a benefit to Canada and […]

 

Common Law Couples: What Happens to Our Jointly Owned H …

November 8th, 2018

The definition of “common law” couples differs depending on which legal rights are in question, and it is possible to be considered “common law” in one context, but not another. For family law purposes, we look to Ontario’s Family Law Act. Perhaps surprisingly, Ontario’s family law regime does not recognize the term “common law relationship”. […]

 

Canadian Courts and Mahr Agreements – Can My Mahr Agr …

October 30th, 2018

We have discussed the topic of divorce in a previous blog post, however at Devry Smith Frank LLP, we are aware that typically, traditions vary in different cultures. In particular, the South Asian community. Family separation and divorce within the South Asian community is often seen as a taboo subject and notions of uncertainty as […]

 

The Family Rules are Changing on July 1, 2018 and Lawye …

June 7th, 2018

Come July 1, 2018, the Family Law Rules (the rules that govern the process of family law court cases in Ontario) will undergo some substantial changes. Changes have been made to the rules that govern the timelines for serving and filing court materials, the rules for costs and the rules for motions and conferences. The […]

 

Canada to Get Its First Major Update to the Divorce Act …

May 23rd, 2018

On May 22, 2018, the federal government introduced Bill C-78, An Act to Amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act. While most may be caught by its catchy name, Bill C-78 is something that […]

 

Changing Weekend Visitation

February 14th, 2018

Family Lawyer John Schuman was asked the following question: My ex wants to keep my daughter this weekend and it is my weekend. I live in Ontario and this is a court ordered agreement. What can I do about this?   John’s answer: A carefully drafted separation agreement, Family Court Order,  or parenting plan will […]

 

What Happens When Your Child’s School Registratio …

January 31st, 2018

Family and Education lawyer John Schuman was asked the following question: What are the legal penalties for someone who has filled out an Ontario elementary school registration form with false information concerning a court child custody order?   John’s Answer: This question is a good one because it touches on the intersection between schools, parents, […]

 

Can My Parents Take A Condo From Me That They Purchased …

January 19th, 2018

Family Lawyer John Schuman was asked the following question: My parents purchased a condo under my name, is there a way for them to legally take the condo back? I live in Ontario, Canada. Due to some conflicts with my parents, they are claiming that by law they can force me to give back the […]

 

Public Schools Cannot Just “Kick Kids Out” – They …

January 3rd, 2018

It may seem obvious, but School Principals cannot expel students without actually expelling them. In Ontario, allowing children access to a publicly funded education is a fundamental value. Children should not be deprived of that education, except in extreme circumstances.  To deprive a child of the ability to attend school, the principal and the Board […]

 
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