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 […]

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 […]

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 […]

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 […]

Is There Such A Thing As “Spousal Abandonment” in C …

February 14th, 2019

What happens if your spouse just ups and leaves?  Can you press charges? Is there an automatic right to divorce?   A reader recently posed these questions. Simply put, the answer is no.   In Canada, we have what can be effectively termed “no fault” divorce. This means that a Court does not have to […]

When Can I Stop Paying Child Support?

February 8th, 2019

Many payor parents in Ontario mistakenly assume that child support automatically ends when their child turns 18. The law, however, says otherwise. The basic premise of child support is to ensure that children benefit from the support of their parents when they are unable to become self-sufficient. Viewed in this light, the question of age […]

I Have Children From a Previous Relationship. I’ve Si …

January 31st, 2019

In recent years, it has become more common place to see “complex” families where one (or more parents) have children with several other parents, or is a step-parent to children in other families.  Therefore, how child support is calculated when one parent has children with several other parents is an increasingly common question. The solution […]

Spousal Support and Early Retirement – Is it a M …

January 8th, 2019

Spousal support, sometimes referred to as maintenance or alimony, are funds that are paid to one spouse to another upon separation or a divorce. There are various reasons as to why one spouse may be required to pay support to the other, usually to assist financially for a specified amount of time or to compensate […]

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