An 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 …
Read MoreAn interesting decision from Ontario took away a father’s joint custody of his son, but allowed him to retain access so that the son, who was a competitive hockey player, could “… have a sense of relaxation which he currently enjoys at this father’s home in contrast the rigors of a very busy schedule while …
Read MoreAny property used by married spouses at the date of separation as a family home is a “matrimonial home” under the Family Law Act. A matrimonial home is special and treated differently than any other property belonging to married spouses. The definition of a matrimonial home is set out in section 18 of the Family …
Read MoreAn Ontario court recently considered a contested interim parenting arrangement. In making a final decision on care and control of the child in question, the court had to determine what the status quo was in relation to custody and access of the child prior to her parent’s separation. What Happened? The party’s relationship began in …
Read MoreHave a read of my article in Advocates Daily on life insurance and its availability as security for support: http://www.advocatedaily.com/jennifer-samara-shuber-family-lawyers-breathing-easier-after-appeal-court-decision.html
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