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Social Media Tips For Divorced Parents Over Holidays

Social media is a huge part of most of our lives. It serves as a way to communicate, share memories, do business, and more. In many ways, our lives are documented on social media. However, it is important to remember that for people going through separation or divorce, social media carries significant legal risks. These …

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Child Support and Claims for Undue Hardship

What happens when one party seeks to impute income to the other party for the purposes of calculating child support? In a recent decision, the court considered that very question when a mother brought a motion for a temporary order for sole custody and child support. The Mother Leaves The parties met in or around …

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Following Domestic Violence, Mother Flees Across Country With Child

When domestic violence occurs, it makes sense that the victim of the violence would want to place themselves as far away as possible from the perpetrator of the violence. However, it’s important to remember that when children are involved, taking action such as moving across the country cannot necessarily be done unilaterally. A recent decision …

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Court Imposes Penalty for Contempt of Court

As we’ve blogged about in the past, being found in contempt of court is a serious matter. In a recent family law case, an Ontario court was tasked with figuring out the appropriate penalty for the father’s contempt. The Father’s Contempt of Court The parties had a short relationship that lasted for less than two …

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Bankruptcy Claim Trumps Wife’s Access To Proceeds From Home Sale

Family law can be a difficult enough world to navigate in the best of times. When other areas of law enter the picture, things can become even more complicated. Oftentimes people may go through a separation or divorce and receive an order dictating how their property will be divided after the relationship ends. However, as …

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Marriage Contracts and Limitation Periods

Are marriage contracts subject to a limitation period? In a recent case, the Ontario Court of Appeal (OCA) grappled with this very question. In the end, the father’s request to set aside the marriage contract was allowed, but the OCA was divided on whether all proceedings under the Family Law Act (FLA) that seek to …

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Parties Disagree Over Ownership Of Home

When separated or divorced parents find new partners and establish a long-term relationship, a blended family is formed. Oftentimes, the finances of such a relationship can be complicated due to obligations from previous relationships or court orders. A recent decision from the Ontario Superior Court of Justice shows how important an honest approach to family …

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Court Dismisses Motion to Lift Supervised Access Order

At what point is it reasonable to terminate an order for supervised access? That is the very question the court considered in a recent case. As the court noted, while resolution is always encouraged, judges have the ultimate responsibility to ensure that orders in relation to children are safe and appropriate. The Children’s Aid Society …

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Canada’s Supreme Court Updates Its Position On Retroactive Child Support

Whenever the Supreme Court of Canada issues a ruling related to Family law, we at Gelman & Associates will summarize it here in our blog.  This fall the country’s highest court issued a ruling clarifying its position on retroactive child support when the child is no longer a minor. Retroactive child support When someone has …

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Children and Schooling during COVID-19: In-Person versus Online Learning?

We have recently blogged about a number of cases where the courts were tasked with making decisions about children’s schooling during the COVID-19 pandemic. Given the time of year, there has been a myriad of these types of cases appearing before the courts. In yet another recent case, an Ontario court considered a father and …

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