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 …
Read MoreA 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 …
Read MoreThe 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 …
Read MoreI 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 …
Read MoreIn 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 …
Read MoreThe 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 …
Read MoreA wedding ring, when it is first purchased, is a symbol of love and passion. But what happens when the symbolism behind it is no longer meaningful? Going through a divorce often means getting rid of some of your possessions, but what should you do with your wedding ring? The fact that it is an …
Read MoreBuying property is expensive. Nowadays, many first time buyers are assisted by the kind contribution of parents or in-laws. If someone in your family is generous enough to provide you with funds, make it clear whether these monies are a gift or a loan. It can make a difference down the line if the marriage …
Read MoreIf you’re on the emotional rollercoaster that is divorce, you may feel too distracted to worry about your future financial situation or to prepare for meeting with a lawyer. There are some things, though, that you really shouldn’t leave for the last minute. Understanding your income and debts now puts you in an advantageous position, …
Read MoreIn a recent decision of the Ontario Superior Court of Justice (Noel v. Noel), the Court awarded spousal support to Mr. Noel, finding that he was entitled to this award on both a compensatory and non-compensatory basis. Spousal Support Awards: Divorce Act and Guidance from the Supreme Court of Canada When making an order requiring …
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