In a recent Ontario case, the court had to determine whether a father should have interim custody of his two children or whether the children should continue to live with their grandparents. The Facts The parties were married in November 2010 and separated in November 2016. They had two children, born in 2011 and …
Read MoreAn Ontario court recently considered an interesting case where the question of whether a party’s spouse and/or children can be ordered to attend therapy was raised. What Happened? The parties were married in July 2001 and separated in April 2009. The parties had two children of the marriage: C, born in May 2003, and …
Read MoreWe’ve previously blogged about a Jamaican mother who had been seeking to stop the adoption of her son by a family in British Columbia. Recently, following a 4-day hearing, a B.C. Provincial Court judge ruled against the woman, granting custody of the child to the B.C. Ministry of Child and Family Development (the Ministry) A …
Read MoreDivorce coaches are a relatively new phenomenon in the divorce/separation universe. Coaches have been used with much success in other areas to assist individuals in achieving professional and personal goals. There are career coaches, executive coaches, marketing coaches, life coaches, leadership coaches… the list goes on. If you are going through separation and/or divorce, you …
Read MoreThe Ontario Court of Appeal recently decided a case where the mother, who had unilaterally taken the parties’ children from Nigeria to Ontario, sought custody of the children. In allowing the mother’s appeal from a decision that dismissed her original application, the court outlined the various factors it had to consider in deciding whether the …
Read MoreWhen a couple goes through a separation it may be assumed that the parties involved cease living together. Often, one spouse may stay in the home temporarily or permanently, while the other moves out. But settling the division of property in a separation or divorce could take years. What happens if during that time one …
Read MoreOn May 22, 2018, the federal Minister of Justice introduced Bill C-78, a Bill that proposes to amend, among other legislation, the Divorce Act; Canada’s federal family law statute governing divorce, separation and parenting. The amendments are designed to respond to the public (and the legal profession’s) desire for the law to better reflect the …
Read MoreCouples might be hesitant about entering marriage contracts out of fear that a contract pre-supposes the demise of a relationship. I prefer to look at marriage contracts as a way of getting your financial house in order before you begin a new phase of life. Domestic contracts are akin to a life insurance policy or …
Read MorePlease see my latest interview on the Hague Convention and the newly expanded habitual residence test: https://www.advocatedaily.com/jennifer-samara-shuber-scc-family-law-bar-divided-on-habitual-residence-test.html
Read MoreAn Ontario court recently considered a case where the mother sought interim child support and spousal support from the father. In granting the mother’s motion, the court outlined the factors that it must take into account when making an interim order for support. What Happened? The parties were married in January 2005 and separated …
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