Interim Spousal Support and Child Support

An Ontario court recently considered a case where the mother sought interim child support and spousal support from the father. In granting the mother’s motion, the court outlined the factors that it must take into account when making an interim order for support.   What Happened? The parties were married in January 2005 and separated …

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Ongoing Battle Over Whether Indigenous Law Should Apply over Ontario Family Law in Support Dispute Continues

We previously blogged about a contentious child support and spousal support dispute, in which an Indigenous father argued that band law should apply in lieu of Ontario family law where disputes involved Indigenous families. The original trial judge disagreed with the father’s position, and the father appealed further. The appeal is scheduled to be heard …

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Variation of Support in The Face of a Separation Agreement

An Ontario court recently considered a spouse’s request to reduce the child support and spousal support obligations that had been set out in the parties’ separation agreement. What Happened? The parties began living together in June 1983, married in December 1985, separated in August 2009 and divorced in January 2012. The parties had three children …

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Realtor Asks Court to Reduce His Spousal Support Obligation Due to Uncertainties in the Market

A Vancouver based real estate agent has used the recent housing volatility and resultant impact on the market to argue that the luxurious lifestyle his family previously enjoyed was unsustainable and that his spousal support obligations should be decreased. The Parties’ Relationship The former couple began to live together in 1998 and married in 2000. …

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Stepparents and Access

An Ontario court recently outlined the factors that must be considered when determining whether a party who is not a biological parent will be granted access to a child. What happened? The respondent parents had one child, who was nine years old. The parents, who were no longer together, had always co-parented the child without …

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Ontario Court of Appeal Overturns Previous Order Compelling Mother to Return Children to England

The Ontario Court of Appeal has overturned an earlier decision by an Ontario judge which compelled the mother of two children who had taken her children from England to Canada to return the children to their father in England. The Court found that the original application judge who had heard the father’s Hague Convention application …

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Costs Awards in Family Law Proceedings

The court recently reviewed the factors that must be considered in determining which litigant in a family law proceeding should be awarded costs, and in what amount. What Happened? The parties met in Afghanistan in approximately 2008. They had one child, born in October 2010. The mother came to Canada with her family, including the …

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Liberal MP Proposes Bill That Would Allow Surrogate Mothers and Sperm Donors to Be Compensated

We’ve previously blogged about surrogacy laws in Canada, including the concept of “altruistic surrogacy” (an arrangement in which the surrogate does not receive any financial compensation for her surrogacy services beyond any compensation for reasonable pregnancy-related expenses and medical costs). Currently, commercial surrogacy (i.e. any surrogacy where a surrogate mother receives payment for her surrogacy …

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Deferring a Child Support Obligation

A recent Ontario decision considered the question of when a party’s obligation to pay child support may be deferred for a period of time. What Happened? The parties had dated briefly. During this time, the mother became unexpectedly pregnant. The parties had one child, born in November 2016. In June 2017, the parties entered into …

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Court Decides Mother Cannot be Barred from Moving Children Outside of a School Catchment Area

An Ontario court recently assessed a motion filed by a father seeking to prevent the mother of his children from moving into a different school district. The court declined to make the order, noting that they did not want to restrict the mother’s ability to find affordable housing. What Happened? The parties met in Indonesia …

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