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Enforcing Child Support Orders in Ontario

Whether you’re the recipient or payor of child support, you may be wondering how child support orders are enforced in Ontario. Non-payment of a child support order in Ontario is dealt with by the Family Responsibility Office – FRO. [The FRO] collects, distributes and enforces child and spousal support payments.  [It] work[s] to flow payments …

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Understanding the Hague Convention: Some Recent Case Examples

The Ontario Court of Appeal recently ruled on the question of whether a mother wrongfully retained her children in Canada, in breach of the father’s custody rights under German law.  The Court ordered the mother to return the children to Germany where the father lived.  As we recently commented in an article published on AdvocateDaily.com, we …

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Money Saving Tips When Living Alone

When you’re used to splitting the cost of living with a partner, it can be difficult to suddenly find yourself single again and struggling to pay your bills.  Single people often find that the ratio of their income to their expenses is much different than it is when married or living with someone.  Fortunately, there …

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What To Do With The Wedding Dress

If you have gone through a divorce or are in the midst of one, you have probably spent some time getting rid of mementos from your previous marriage.  You’re ready to move on, and you don’t have the mental and emotional room to keep dredging up the past.  It’s easy to get rid of the …

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Domestic Violence & Restraining Orders: Legal Principles

We’ve previously looked at the topic of restraining orders, which, in the context of family court, are orders that prohibit the contact that one party can have with another.  A restraining order has to be requested by way of a motion, and the party seeking the order must provide affidavit evidence to substantiate the need …

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Contract is Not a Four Letter Word

A domestic contract, such as a marriage contract, is simply a way for parties to get what they want rather than what the law might dictate. Free choice and self direction are good things, in my opinion. But the person who proposes such a contract is criticized for wishing the end of the relationship before …

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Testamentary Freedom: The Case of the ‘Racist Will’

The Ontario Court of Appeal recently ruled that a Will was valid even though the testator disinherited one of his daughters for what appeared to be racially motivated reasons. In Spence v. BMO Trust Company, the testator, Mr. Spence, had two children, Verolin and Donna.  After their parents separated, Verolin lived with her father and Donna …

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Tailor Made Family Law

I have been on the internet recently, looking at the number of resources available to family law clients. As with anything on the internet, some are good and some are bad. Some contain accurate information and some do not. Some are a neutral explanation of the law and others are a soapbox. Being an informed …

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Can’t Communicate With Your Ex? Sole Custody May be Best for the Child

In a previous blog post, we explored the meaning of joint custody and reviewed some scenarios in which it would be the appropriate custodial situation for a child.  Joint custody gives both parents full decision-making authority and responsibility in all areas respecting the child.  Major decisions regarding the child’s health, education, and well-being are made together.  We explained …

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Jurisdictional Changes: Is the Move in the Child’s Best Interests?

The Ontario Superior Court of Justice recently rendered a decision on a motion in which the father sought an order requiring the couple’s child, Scarlet, to move from Toronto to live in the United Kingdom with him and attend a particular school in Cheltenham, England.  Scarlet’s Mom opposed the move. The Facts in Barker v. Barker …

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