In a recent child support and spousal support dispute, an Ontario judge ruled against an Indigenous businessman who argued that Haudenosaunee laws should apply in lieu of Ontario family laws in disputes involving Indigenous families. What Happened? The parents in question had been in a five-year relationship, beginning in 2008 and ending in November 2013. …
Read MoreA recent Ontario decision serves as a reminder that emails, text messages and other forms of social media can be introduced as evidence in family law proceedings. Judges may consider – and rely on – the content of these communications when determining important matters before them. What happened? The parties were married in June 2004, …
Read MoreA recent Ontario decision highlights the importance of obtaining independent legal advice prior to signing any legal documents in a family law dispute. Failure to do so can have a significant impact on your legal rights and on your finances post-separation or divorce. What Happened? The parties separated in 2005, after eight years of marriage, …
Read MoreA $1.4 million costs award shows the danger of engaging in bad behaviour during litigation. See my article at: http://www.advocatedaily.com/jennifer-samara-shuber-judge-sanctions-husbands-misbehaviour-with-1-4-million-costs-award.html
Read MoreAn Ontario court recently considered a situation where the parties’ custody and access proceedings were adjourned so that the Office of the Children’s Lawyer (OCL) could become involved and potentially conduct an investigation under section 112 of the Courts of Justice Act (CJA). What happened? The parties were married in July 2013 and separated in …
Read MoreAn Ontario court recently examined a request by a non-parent for access to a child, and found that it would not be in the child’s best interests to have continued contact with his mother’s ex-boyfriend (who was not his biological father). What Happened? The man in question (the Applicant) was not the biological father of …
Read MoreAn Ontario court recently grappled with the interesting question of when it is and is not appropriate for a parent to be prohibited from changing the name(s) of their children after a separation. As we’ve explored previously, this is often a source of tension for separating parents. In this case, the court allowed the mother …
Read MoreAn Ontario court recently considered a situation in which a husband claimed temporary non-compensatory spousal support from him former wife, whose income had increased following their separation. What Happened? The parties began living together in 1997, married in 2000, and ultimately separated in 2013. They had three children together, aged 16, 12, and 10 at …
Read MoreThe rights of the child and their best interest should trump a parent’s “right” to shared parenting. Read my article at http://www.advocatedaily.com/jennifer-samara-shuber-childs-rights-trump-parents-in-custody-arrangements.html.
Read MoreAn Ontario court recently considered a case that dealt with an interesting question: when might a marriage contract be void (i.e., not enforceable) for uncertainty? What happened? The parties, who were both Muslim, met online. In 2013, the wife travelled from Canada to Iran to marry the husband. The parties signed a marriage certificate in …
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