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Helping Kids Through Divorce – 10 Tips

Divorce is hard on kids of all ages.  Common sense tells us that we need to be supportive and extra attentive to our children during periods of change and upheaval in their lives.  You know your child best.  You know how to comfort them and parent with kindness and compassion, but it may be difficult …

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Occupation Rent – When is it Awarded?

If you are going through a separation, one of the issues you may have to consider is whether you or your spouse may owe the other occupation rent if one of you stays in a jointly owned matrimonial home. Section 24(1)(c) of the Family Law Act, R.S.O. 1990, c. F.3 provides that if one spouse is …

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Can a Settled Custody Order be Changed?

In a recent decision of the Ontario Court of Justice (Mohammad v. Mahmood), the Court was asked to consider whether it was appropriate to change an order for joint custody to an order for sole custody in favour of the father. Background Facts In 2012, Mr. Mohammad and Ms. Mahmood settled the issue of custody of …

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Are you ready for the summer? Overnight Camp and Divorce

So, school is almost out. My son finishes today at noon. He is one of the many kids counting down the days until he leaves for overnight camp – a countdown that began in September. If you are separated or divorced, here are a few pointers on how to make it easier for your son …

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Stepfamilies – Wicked or Wonderful?

Cherished fathers will be celebrated and pampered this coming weekend.  Hugs, cakes, and coupons for lawn-mowing will rule the day on Sunday, June 19th.  But, what about stepfathers?  And, what about stepfamilies (or “blended” families) in general?  In what way are special days like Father’s Day different for them?  Is there a special day just for …

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Division of Net Family Property – Is it Always Equal?

You know that when a relationship ends, property gets divided up.  But does it always have to be a 50/50 split? Section 5 of Ontario’s Family Law Act  (FLA) deals with the equalization of net family properties upon the breakdown of a relationship. The general rule for the division of property is set out in subsection 5(1): …

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Understanding Joint Custody

In Family Law, the term “custody” refers to parental decision-making and authority respecting a child.  In 1993, the Supreme Court of Canada stated that “…the custodial parent is responsible for the care and upbringing of the child, including decisions concerning the education, religion, health and well-being of the child.”  (Young v. Young) There are several …

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Do you need a marriage contract?

June is upon us. I understand from Modern Bride magazine that June is the most popular month for weddings. Unfortunately, it is not the most popular month for marriage contracts. But why? These two should go hand in hand but most couples still marry without a marriage contract. WHY? I find it is because people …

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Mutual Wills – Be Clear and Beware!

The Ontario Superior Court of Justice recently looked at the concept of mutual wills in a case where a wife changed her will after her husband’s death to exclude her stepchildren from the inheritance. The Facts Alf and Ruth Roussel began cohabitating in 1985 and married in 1997.  Each had two children from previous relationships.  …

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