One of the most important property-related issues that must be dealt with during a separation and/or divorce is the equalization of net family property. In a nutshell, Ontario’s property equalization scheme provides that when two people enter into a marriage, each spouse becomes automatically entitled to an equal share of the profits of the marriage. …
Read MoreWhether 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 …
Read MoreThe 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 …
Read MoreWe’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 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 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 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 …
Read MoreWe’ve previously highlighted the importance of drafting a legally binding will in the Wills and Power of Attorney section of our website and in our blog on Mutual Wills. A will gives you control over the distribution of your assets, the ability to select Estate Trustee(s), and the opportunity to address guardianship and inheritance matters with …
Read MoreFollowing a case conference, parties to a family law proceeding (Michelon v. Ryder) reached a comprehensive agreement on a final order. The Court noted that the agreement was an excellent result for all involved. However, the Court questioned its jurisdiction to include a term in the order requiring the parties to submit to secondary arbitration. …
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