The obligation to pay spousal support is not always one that is easily accepted by the paying party. In fact, we’ve covered many situations in our blog where the paying party has tried to escape this obligation through means such as early retirement or underemployment. As a result, even if someone is legitimately expecting to …
Read MoreThe Supreme Court of Canada has recently ruled on a case involving two parents who each began divorce proceedings, with the complication being that they each brought the actions in different countries. The ruling, which applies to all Canadian jurisdictions, sheds interesting insight into how issues involving multiple international jurisdictions. A wealthy and mobile family …
Read MoreIn a recent case, an Ontario court considered both the mother and father’s requests for interim custody of their child. This case highlights the kinds of questions a court must grapple with in determining what custodial and residential arrangements are in a child’s best interests. The Background The parties began living together in May 2014 …
Read MoreIn many instances, if a couple gets divorced in one country, that divorce is likely to apply in other countries they may live in. But it’s not always so cut and dry. In a recent decision from the Ontario Superior Court of Justice, the court had to determine whether an old divorce obtained by a …
Read MoreIn today’s world, families are becoming more diverse than ever before. What happens when a stepparent wants access to a child? In a recent case, an Ontario court considered this interesting question when it heard a stepmother’s request for access to a nine-year-old boy. The Parties’ Story The mother and father had one child together. …
Read MoreFollowing a separation a couple might avoid a costly trial by coming to agreement on a number of items, possibly negating the need for a trial at all. However, sometimes an agreement might ultimately lead to further confusion or litigation. Such was the case in an decision recently issued by the Court of Appeal for …
Read MoreIn a recent decision, an Ontario court grappled with the interesting question of when it may be appropriate to find a party in contempt in the context of family law proceedings. The Parties’ Story The parties separated in January 2016. They had two children together, ages seven and three. Since separation, the parties had been …
Read MoreOne of the more difficult issues to solve when it comes to matters of child custody and access is what to do when one of the parents of a child wishes to move, with the child, to a location further away than they already are from the other parent. A recent decision from the Superior …
Read MoreSometimes a party will seek access to a child even when that party is not the child’s biological parent. In a recent case, an Ontario court considered a man’s request for access to a child that he had not seen for over a year. Interestingly, that child was also not the man’s biological son. The …
Read MoreIt’s natural for divorced or separated parents to disagree over how certain elements of raising their children are handled. Some issues may seem small in nature, but others can be larger and come with long-lasting impacts. In an example of the later, an Ontario mother recently wanted to change the name of the children she …
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