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 …
Read MoreOne 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 …
Read MoreIn 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 …
Read MoreOne 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 …
Read MoreThe 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 …
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