What constitutes a “material change in circumstances” when it comes to a party’s request to terminate spousal support? In a recent case, the Ontario Court of Appeal considered this very question and was asked to determine whether the trial judge erred in terminating spousal support. The Husband’s Decision to Retire The parties were married for …
Read MoreWhat constitutes a “material change in circumstances” when it comes to a party’s request to terminate spousal support? In a recent case, the Ontario Court of Appeal considered this very question and was asked to determine whether the trial judge erred in terminating spousal support. The Husband’s Decision to Retire The parties were married for …
Read MoreAs the court in a recent case stated, the pre-Labour-Day “Let’s Change Johnny’s School” urgent motion has become somewhat of an unwanted annual tradition. In this instance, the father brought a motion to change both the country where the children were going to live and where the children were going to go to school. The …
Read MoreIssues around child custody and access can be some of the most difficult to work through for parents going through a separation or divorce. When a relationship between parents that isn’t necessarily trustworthy or contains animosity is thrown into the mix, it’s natural for tension and issues to arise. This is what we saw in …
Read MoreMany parties have struggled with pre-existing parenting arrangements during COVID-19. As demonstrated in this case that was recently before an Ontario court, the pandemic has brought with it a lot of uncertainty and has turned many people’s plans on their head. The Original Parenting Order The parties were married in July 2008 and divorced in …
Read MoreThe upcoming return of the school year has many families concerned about whether their children will be safe at school as well as whether another shutdown to the academic year could occur should there be another rise in COVID-19. In a recent decision from the Ontario Superior Court of Justice, two parents could not agree …
Read MoreWhat happens when a party wants to deny their ex-spouse, a stepparent, access to their child? In a recent case, an Ontario court considered a mother’s request to prevent her ex-spouse, Mr. L, from seeing her daughter. Mother Brings Child into Relationship The parties began to live together around December 2017 and separated in the …
Read MoreWhen separated or divorced parents live in different countries, it can be difficult to manage things such as child custody & access. In a recent decision from the Ontario Superior Court of Justice, the court warned the father, who lives overseas, that his unilateral actions, while he had custody of the children, will make it …
Read MoreIn a recent case, an Ontario court considered if it should permit the children to relocate with their mother to another school district. Father Opposed Mother Moving Children to New School District The parties were married in September 2000 and separated in April 2018. They had three children, born in 2002, 2005 and 2009. In …
Read MoreWe’ve blogged in the past about the Hague Convention on Civil Aspects of International Child Abduction (“Hague Convention”). The Hague Convention is an agreement amongst a number of countries to deal with how a child’s abduction from one country to another participating country is handled. But what about when one of the countries involved is not …
Read MoreUpon the breakdown of a marriage through separation or divorce, what happens to the matrimonial home can be one of the more difficult issues to navigate. Not only can there be a great deal of emotional investment into the home, with both parties feeling strong ties to it, but a home can often be a …
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