Court Asked To Determine If A Divorce Overseas Is Valid, If It Occurred At All

Canada recognized marriages and divorces in the performed in other parts of the world. However, determining whether a couple has been properly married, or in the case we are about to discuss, properly divorced, is not always an easy task. In a recent case before the Ontario Superior Court of Justice, the court was tasked …

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Same-Sex Parent Denied Temporary Access to Child

An Ontario court recently dismissed a same-sex parent’s application for temporary access.   What Happened? The parties, S and H, were both 18 years old. They had an intermittent, same-sex romantic relationship since at least 2014. S became pregnant with a child while she was in a relationship with her then boyfriend. The child was …

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How Many Years After Separation Will the Court Order Spousal Support?

An Ontario court recently considered whether or not it should award spousal support to a spouse who brought his claim many years after the parties’ separation.   The Parties’ Story The parties married in May 1990, separated for about two years in the late 1990s, got back together and separated for a final time in August …

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Court of Appeal Opens the Door for Determining Whether Indigenous Law Should Have Priority Over Ontario Law in Family Law Disputes Involving Indigenous Parties

The Ontario Court of Appeal recently added a chapter to the ongoing legal dispute between two Indigenous parents involved in a highly contentious battle over child support and spousal support. With this latest decision, the Court has potentially opened the door for a full hearing on the fundamental question of Indigenous self-governance, Treaty rights and …

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Dispensing with Privacy: Court Orders Spouse to Produce Medical Records

An Ontario court recently considered if the father of a young child had a right to privacy or whether he should be compelled to produce the medical records in relation to his alcohol dependency and mental health issues.   What Happened? The parties met in September 2014. They cohabited from October 2016 to January 2017, …

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Can Income be Imputed Where a Payor Spouse is in Jail?

An Ontario court recently explored whether interim child support should be ordered when the payor spouse was incarcerated on the basis of imputing income to the jailed spouse. The Parties’ Relationship The parties separated sometime in the first half of 2017, after approximately five years together. They had never married, but had two daughters, aged …

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Court Determines Which School Child Will Attend

An Ontario court recently granted a mother’s request seeking an order that her child attend a specific school for the upcoming school year.   A Special Needs Child The parties separated in 2008. The parties had one child, X, who was 13 years old and starting grade 8 in September 2018. The parties had shared …

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Single Mother of Adult Disabled Son Secures Continued Child Support Payments in Precedent Setting Decision

In a precedent setting decision, an Ontario judge has awarded a single mother in Brampton, Ontario monthly payments of more than $500 to care for her disabled adult son for the remainder of his life. Child’s Father Stopped Support Payments The woman’s son was born with Di George Syndrome– a genetic abnormality which results in …

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Like it or Not: Forcing the Sale of the Matrimonial Home

The court recently examined the interesting question of whether, and under what circumstances, a party can obtain an order to sell their matrimonial home even when their spouse opposes the sale.   The Parties’ Story The parties were married in 1979, separated and reconciled in 2009 and 2014, and separated for a final time in …

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