Domestic Violence and Invasion of Privacy: Serious Allegations Made During Divorce Proceedings

The Ontario Superior Court of Justice recently considered the appropriate amount of damages to award in a divorce matter involving both invasion of privacy and domestic violence allegations. What Happened? The parties in question were married in September 2010, and had one child in October 2011. The wife left the husband in April 2012 and …

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What Happens When, Post-Divorce, a Parent Changes Their Child’s Name Without the Other Parent’s Permission?

A Nova Scotia court recently explored a dispute between two divorced parents, in which the father claimed that the mother had forged his signature on a government form and changed the last name of their child without his permission. The Name Change: What Happened? The child in question was born in 2009. At the time, …

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Can a Father Force a Mother and Child to Return to Ontario?

In a decision in which a father sought a court order forcing the mother of his child to return to Toronto after she moved to New Brunswick in violation of a previous court order, an Ontario court permitted the mother to remain in New Brunswick, based on the best interests of the child in question. …

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Removal of Counsel from Record in Family Law Proceedings

The Ontario Superior Court recently commented on interference with a party’s choice of counsel in family law disputes, and dismissed a request to remove counsel from the record. What Happened? The parties signed a separation agreement a number of years ago, and a divorce was later granted in 2007. Both parties were now seeking variations …

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Does a father have to continue paying child support if he discovers the child is not his?

The British Columbia Supreme Court recently ruled that a man who was misled into believing he was the biological father of a child does not owe any continued child support for that child even though he was found to have assumed the role of a parent during the early years of the child’s life. The …

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Man Sues Woman for “Unplanned Parenthood”-  Claim Dismissed, Woman Awarded Costs

The Ontario Court of Appeal recently upheld the dismissal of a claim filed by a man who sued his former sexual partner after she became pregnant with his child. The man had alleged that the woman had deprived him of being able to choose when to have a child and wanted more than $4 million …

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Do Step-Parents Have a Child Support Obligation?

The basic principles of child support with respect to a biological parent’s obligation to pay are relatively straight-forward:  the non-custodial parent is obligated to pay child support to the custodial parent in an amount determined by a formula.  Issues of custody (shared, sole, etc.) and issues surrounding the financial needs and means of the parties are often …

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Does Spousal Support Terminate When the Payor Retires?

Retirement and a Consequent Income Reduction In Schulstad v. Schulstad, the Court of Appeal for Ontario rendered a decision on an appeal of an order terminating the husband’s obligations to continue to pay spousal support and maintain life insurance for the wife’s benefit past the husband’s retirement date. Prior to his retirement, Mr. Schulstad worked as a general surgeon …

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Amber Alert Custody Battle – Allegations of Abuse & Manipulation

In December 2016, 9-year-old Layla Sabry was the subject of an Amber Alert after her mother, Allana Haist, took her and went into hiding instead of attending a scheduled court hearing.  After a 10-day Canada-wide manhunt, Ms. Haist was arrested in Hamilton, Ontario. Custody Battle Layla was born and primarily raised in Egypt by her mother …

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Deciding Custody & Access: Part Science and Part Art

Justice Sloan of the Ontario Superior Court of Justice recently observed that, Deciding the custody and access of children is part science and part art. In Henderson v. Cayuga, Justice Sloan was asked to rule on a motion with respect to the residency schedule of a 4-year-old girl, Sophie.   Sophie’s father expressed serious concerns about …

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