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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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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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Supervised Access During COVID-19

The courts for a variety of reasons may decide for a parent to initially have an order for supervised access with a child or children of a separated relationship. These reasons can include a lack of experience in caring for children, a substantial duration of time passing since a parent has cared for a child, [...]

Posted:Jul.16, 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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Mobility Rights and Relocation Disputes During COVID-19

  Mobility During a Pandemic?     Mobility or the ability to move with a child or the relocation of children to new households or locations during COVID-19 is a serious legal issue, which can create a situation of extreme gravity and importance during the context of the current COVID-19 pandemic. While in ideal circumstances, children [...]

Posted:Jun.12, 2020


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COVID-19 Family Law Blog Series: Domestic Violence Resources

  There is evidence that domestic violence is on the rise during the COVID-19 as a result of public health recommendations for individuals to quarantine and isolate, and as such, the domestic violence resources that are ordinarily available to individuals that are a the subject matter of such violence, are not available during this time [...]

Posted:May.12, 2020


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COVID-19 Family Law Blog Series: Family Court Online Platform for Uncontested Divorce Application

  During the COVID-19 pandemic, many clients and potential client have asked us about their ability to forward a divorce application online, given that among other reasons, they may have resolved all outstanding family law issues by way of a separation agreement, they may believe the opposing party will not make a claim against them [...]

Posted:May.08, 2020


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COVID-19 Family Law Blog Series: Self-Isolation, Quarantine and the Maximum Contact Principle

   Self-isolation, quarantine and parental bonds Throughout Ontario, most, if not all families are in some way doing their part to self-isolate in order to “stem the curve” of the COVID-19 virus. Parents at this time are doing their very best to ensure their children remain isolated, and government is attempting to ensure the safety [...]

Posted:Apr.09, 2020


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