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How Does the Court Determine a Child’s “Habitual Residence”?

In a recent Ontario case, the court considered the interesting question of how to determine a child’s “habitual residence” for the purpose of an application under the Convention on the Civil Aspects of International Child Abduction (the Hague Convention). The Background The parties began dating in May 2017, started living together in June 2017, and …

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Court Recognizes New Tort Following Husband’s Behaviour

As technology evolves, so too do the laws governing its use and the consequences thereof. A recent family decision from Ontario has expanded the province’s tort law to include “publicity which places the plaintiff in a false light in the public eye.” The decision could have a significant impact on the consequences of certain online …

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Wife Awarded Large Sum for Interim Disbursements

The courts have the discretion to decide whether or not to award interim disbursements to a party in a family law proceeding. Sometimes, as in this recent Ontario case, the court will award one party interim disbursements to pay for various expenses related to litigation, such as the cost of legal fees, business valuation reports …

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Are Adult Students Entitled To Child Support?

Child support obligations can be one of the more difficult aspects of a divorce or separation for people to handle in a financial sense. While popular culture references might tell us that child support obligations end when a child turns 18, that’s not always the case. We’ve spent some time in previous blogs talking about …

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Costs Awards in Family Law Proceedings

In a recent case, an Ontario court expressed its concern about the manner in which two parties had engaged in a protracted 9-day trial to determine their property issues. What happens when, as the court stated, the process “has taken over, to the detriment of both parties”? The Background The parties were married for four …

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Is It Ever Too Late To Seek Spousal Support?

Something you may often hear about in legal circles is limitation periods, which simply put, are the time limits required to bring an action in court. While many things related to family law that people may wish to settle in court are subject to limitation periods, spousal support is not. But that’s not to say …

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Court Refuses Wife’s Request to Set Aside a Marriage Contract

Can parties really rely on contracts they sign with respect to spousal support? In a recent case, an Ontario court considered a wife’s request to set aside a marriage contract she and her husband had signed approximately nine years before they separated. The Background The parties signed a marriage contract in May 2007, one day …

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Court Considers Whether Police Enforcement Of Order Is Necessary

One of the most challenging aspects of divorce or separation for parents is shielding children from any hostile or negative interactions between the parents. While there are options parents can choose to address this risk, such as entering private mediation as opposed to waging public court battles, there is always a chance that interactions down …

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Contempt of Court for Breaching Access Orders

In a recent case, an Ontario court heard a father’s motions to find the mother in contempt of court for failing to facilitate access in accordance with court orders. In considering the motions, the court had to consider the interesting question of when, and in what circumstances, it would be appropriate to find a party …

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Facebook Posts Challenge Father’s Credibility

One of the lessons people are learning about social media is that even if people think their content is private, it never really is. Publishing written content or photos/videos on platforms such as Facebook or Instagram can come back to haunt people both socially, and as we see in a recent case from the Ontario …

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