Changing a Child’s Name After Separation or Divorce

An Ontario court recently grappled with the interesting question of when it is and is not appropriate for a parent to be prohibited from changing the name(s) of their children after a separation. As we’ve explored previously, this is often a source of tension for separating parents. In this case, the court allowed the mother …

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Non-Compensatory Spousal Support Where Income Increases After Separation

An Ontario court recently considered a situation in which a husband claimed temporary non-compensatory spousal support from him former wife, whose income had increased following their separation. What Happened? The parties began living together in 1997, married in 2000, and ultimately separated in 2013. They had three children together, aged 16, 12, and 10 at …

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Ensuring Certainty in a Marriage Contract

An Ontario court recently considered a case that dealt with an interesting question: when might a marriage contract be void (i.e., not enforceable) for uncertainty? What happened? The parties, who were both Muslim, met online. In 2013, the wife travelled from Canada to Iran to marry the husband. The parties signed a marriage certificate in …

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The Status Quo and Shared Parenting Arrangements

An Ontario court recently considered a contested interim parenting arrangement. In making a final decision on care and control of the child in question, the court had to determine what the status quo was in relation to custody and access of the child prior to her parent’s separation. What Happened? The party’s relationship began in …

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Can an ADHD Be Used to Set Aside a Family Court Order?

Ontario’s Family Court recently dealt with the interesting issue of whether an order obligating a separated couple to sell their matrimonial home should be set aside because of a variety of hardships claimed by the wife, including ADHD. What Happened? The parties separated in June 2016. They have two school-aged children who continue to live …

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Must Canadian Children Be Registered as a Specific Sex on Official Documents?

Earlier this year, an eight-month-old baby in British Columbia made international news when the child was issued a health card that does not specify a sex. The document is widely believed to be a first, both in Canada and worldwide. A Health Card with No Specified Sex The child’s parent, Kori Doty, a non-binary transgender …

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Court of Appeal Upholds Cohabitation Agreement Waiving Spousal Support

The Ontario Court of Appeal has upheld a cohabitation agreement that a woman signed decades ago without obtaining independent legal advice, finding no reason to overturn the agreement. What Happened? The parties in question began to live together in 1997. The husband had previously had an acrimonious separation and wanted to avoid a similar situation …

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HRTO: Barring Child of Same Sex Couple from Attending Religious School was not Breach of Human Rights

The Human Rights Tribunal of Ontario (HRTO) recently found that a Christian Evangelical school that refused to admit the adopted son of a same-sex married couple did not breach the Ontario Human Rights Code. What Happened? A married lesbian couple wanted to enroll their adopted child in a privately owned and operated Christian school. Both …

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Canada’s Vague Surrogacy Laws Raise Questions

Surrogacy is strictly controlled in Canada, with limits on compensating surrogates, and correspondingly stiff penalties for any infractions. However, surrogacy experts say that despite the laws in place to ensure that surrogacy does not become a paid business, there are vast grey areas in law and policy that are problematic. Altruistic Surrogacy in Canada Canadian …

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