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 …
Read MoreIn 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 …
Read MoreSo, 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 …
Read MoreCherished 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 …
Read MoreWhen you think about divorce, you probably think about all the normal things that you and your soon-to-be-former spouse must split up: time with the kids, money, the house, and the bills. But you also have to decide how to divide your personal property. Whether it’s something as big as an expensive television or as …
Read MoreYou 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): …
Read MoreIn 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 …
Read MoreJune 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 …
Read MoreLegal professionals, judges and therapists have all contemplated on how to ascertain the views and preferences of children in custody and access disputes. There are several ways that children’s views and preferences are engaged in the family law process. Children have testified in family court during a trial, have been interviewed by judges, have been …
Read MoreLisa Gelman, owner of Gelman & Associates is proud to announce that her family law firm has been named the winner of the 2016 Consumer Choice Award (CCA) for the Greater Toronto Area in the category of Family Law. This prestigious award which has been recognizing business excellence in small and medium sized enterprises since …
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