divorce separation Archives

How to Enter into a Separation Agreement

A separation agreement can be a cost-effect way of resolving family law issues that arise upon separation. Separation agreements are a contract between two separated parties that can address many family law issues, such as parenting schedules, custody, child and spousal support, the division of property and the manner in which the matrimonial home [...]

Posted:Feb.09, 2021

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Retroactive Child Support and Adult Children

The topic of retroactive child support and adult children has received much judicial attention over the last year, overturning an approach before the judiciary which at times felt unfair to recipient parents whom had years of retroactive child support that remained unpaid. A party seeking Child Support may often bring a request for support [...]

Posted:Jan.18, 2021

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Child Support for Adult Children

The family law issue of child support for adult children is interesting, because our clients often believe that the child support obligation ends when a child turns 18. However, the obligation of a parent paying monthly child support, often extends beyond a child’s eighteenth birthday. Under Section 31(1) of the Family Law Act, a parent [...]

Posted:Nov.27, 2020

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COVID-19 – Custody Decisions Regarding Schooling

Growing COVID-19 Numbers and Family Law Decisions Regarding Schooling With the growing number of COVID-19 numbers there are some family law custody decisions to be made about schooling. At the present time the number of cases of COVID-19 in Ontario continue to reach new record levels on a seemingly daily basis, causing many parents to [...]

Posted:Nov.18, 2020

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Challenging a Domestic Contract

Challenging a domestic contract is not an easy task to undertake. Domestic contracts include Cohabitation Agreements, Marriage Agreements, and Separation Agreements. Generally speaking, the Courts give high level of deference to properly drafted and executed Domestic Contracts, but under some circumstances parts of such contracts or the entire contract may be set aside by [...]

Posted:Nov.06, 2020

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Custody and Access or Parenting of Children After Separation

We often have inquiries by clients whom believe they have an absolute right to exercise their preference with respect to custody and access or parenting of children after separation and the amount of time a child is to spend with one parent after separation. This is an incorrect presumption. With respect to general principles of [...]

Posted:Oct.27, 2020

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School Enrollment and COVID-19

School Enrollment and COVID-19 Within the current climate of COVID-19 many parents are severely concerned about the overall future and safety of their children, and specifically sending children to school during the COVID-19 pandemic. Perhaps there has been no more greater source of concern for many parents then decisions related to the return of children [...]

Posted:Oct.06, 2020

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Reduced Income and Cost Consequences

This article relates to the issue of reduced income and cost consequences in the context of COVID-19. The Role of Costs in Family Law - Reduced Income and Cost Consequences The rules related to costs in family law matters are primarily governed by the Family Law Rules, particularly Rule 18(14) which sets out when [...]

Posted:Sep.08, 2020

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Vaccines and Vaccinating a Child During COVID-19

The issue of vaccines and vaccinating a child during COVID-19 requires a lot attention during this pandemic given some number of parents oppose vaccinations, generally. Vaccinating a child has historically been held to fall under the umbrella of custodial decisions to be made by a parent, as it is a choice that directly goes towards the medical well-being [...]

Posted:Aug.14, 2020

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COVID-19 Update: Ontario Court of Justice to Re-Open on a Limited Basis

Covid-19 update: The Ontario Court of Justice ("OCJ") will re-open during COVID-19 on a limited basis. We received up to date information today that Phase One of the reopening of Ontario OCJ is under way and due to open for in-person attendances on select matters on July 6, 2020, only in relation to very specific matters [...]

Posted:Jun.17, 2020

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