International boundaries can introduce numerous complications when child custody is an issue between parents going through separation or divorce. When one parents wants to move to another country with the child, the other parent may object. Courts can consider a number of factors when determining where the child “habitual residence” is when deciding where the …
Read MoreThe Ontario Court of Appeal recently heard a mother’s appeal from a decision that granted the father a retroactive reduction in his child support obligations. In determining whether to allow the appeal, the court considered the interesting question of when a payor parent may be excused from paying the full amount of child support that …
Read MoreLife is full of surprises, but imagine the surprise of finding out years after tying the knot that you and your partner aren’t actually married at all? That’s what recently happened to an Ontario couple, who went to court to sort things out. The first marriage The husband had married his first wife (“the first …
Read MoreIn a recent case, an Ontario court considered the interesting question of how much spousal support should be awarded to a wife whose husband earned approximately $2,090,000 per year. The Parties’ Story The parties began to cohabit in December 2001, married in June 2006 and separated in May 2017. While the husband was a very …
Read MoreChild support and spousal support obligations are serious, and failing to pay them could leave a parent in arrears, and a large debt to repay. Only in certain situations will courts retroactively discharge or rescind support arrears. A recent case from the Ontario Superior Court of Justice serves as a good summary of which types …
Read MoreCourt orders cannot be ignored or disobeyed, and complying with a court order is not optional. In a recent case, an Ontario court considered whether or not the mother of a young child was in contempt for refusing to grant access to the child’s paternal grandmother in accordance with a previous order. What Happened? The …
Read MoreCouple who go through divorce or separation have to come to agree (or litigate) a number of issues such as what happens to the matrimonial home, child custody, and matters relating to spousal or child support. While some issues can be resolved permanently when a divorce occurs, some issues, particularly those relating to support, can …
Read MoreThe mother in a recent Ontario case sought her costs of litigation, which amounted to $456,411.14, inclusive of disbursements and HST. The court had to determine whether the father’s conduct had been so unreasonable that it warranted ordering him to pay those costs. The Parties’ Story The parties were involved in acrimonious litigation for two …
Read MoreGelman & Associate’s Irina Davis recently worked on behalf of a client who was in court to respond to a husband’s motion to change spousal support. We’re pleased to report that our client was successful before the courts, with the decision being recently released. The original separation agreement The husband and wife were married on …
Read MoreAn Ontario court recently considered the interesting question of whether or not it was appropriate to grant interim custody to a parent while proceedings were underway. The Parties’ Story and Positions The parties began living together in May 2014 and separated in October 2018. They had one child together, who was born in 2016. The …
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