We have spent a lot of time during the COVID-19 pandemic covering cases where the courts are asked to determine whether or not a matter is urgent. While some matters might be deemed insufficiently urgent, leaving the parties to have to wait until courts resume normal activities before pursuing their matters, some types of issues …
Read MoreAs we’ve discussed in a number of blogs over the past ten weeks, COVID-19 has had a tremendous impact on the legal system, with all but the most urgent matters being put on hold for the time being. That said, urgent matters do arise, and Gelman & Associates’ very own Irina Davis recently appeared remotely …
Read MoreThe idea of a blended family, where two divorced or separated parents become partners, may have been a foreign concept many years ago, but is commonplace now. Parents in blended families may still share access to their children with their former partners, something that may not ordinally be an issue, but like many things, becomes …
Read MoreWhat happens when one party wants to relocate to another city with their child(ren)? In a recent case, an Ontario court considered a mother’s motion to move from one area of Ontario to another. The Background The parties had two children, ages three and six. In May 2018, the father was charged with several criminal …
Read MoreIn 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 …
Read MoreAs 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 …
Read MoreThe 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 …
Read MoreChild 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 …
Read MoreIn 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 …
Read MoreSomething 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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