torontofamilylawlawyer Archives

Marriage Breakdown and Grounds for Divorce

Marriage breakdown can be one reason a divorce may be granted in Canada and specifically in Ontario. Section 8 of the Divorce Act, provides that on application, by either or both parties, a court may grant a divorce on the ground that there has been a breakdown of their marriage. The section further states the [...]

Posted:Nov.17, 2021

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Service of Family Law Court Documents

Service of Family Law Court Documents can be a very serious issue which can significantly impact an applicant's right to have a family law matter heard in the Ontario family law courts or federal family law courts. Service of Court documents must be in accordance with the Family Law Rules, otherwise, you will be barred from moving [...]

Posted:Sep.15, 2021

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Urgent Family Law Matters and Court Motions

Urgent Family Law matters and Court Motions are very complicated matters of consideration for family law lawyers in Toronto and initiating a family law court motion is risky business if you don't have the requisite legal advice. Bringing a Motion for Temporary Orders or Urgent Matters: The court process takes time, and parties are often [...]

Posted:Sep.13, 2021

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The Two Family Law Courts in Ontario

What are the two Family Law Courts that can hear Family Law matters in Ontario? The answer is the Ontario Court of Justice and the Superior Court of Justice. With respect to family law, both federal and provincial statutes are involved and thus jurisdiction over proceedings are split between the Ontario Court of Justice and [...]

Posted:Aug.11, 2021

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Happy Persian/Iranian New Year – Happy Norooz

Wishing you and your family a very happy Norooz (Persian/Iranian New Year) filled with health, happiness, and success. Sale no ro be hamegie doostane azizemoon tabrik migim. Omidvarim ke shoma va khanevadeh, sali por az salamati, khoshali, va moafaghiat dashte bashid. ~ Ms. Separy and the Separy Law P.C. Team ~

Posted:Mar.19, 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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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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