Category: Gelman Blog Posts

The Children’s Law Reform Act states: “The court before which an application is brought in respect of custody of or access to a child, by order, may appoint a person who has technical or professional skill to assess and report to the court on the needs of the child and the ability and willingness of …

Children can refuse visitations at any age, but the onus is on the non-access parent to facilitate access. Generally, the older a child is, the more deference will be given to his or her wishes. Once a child is in his or her early teens, the child can “vote with their feet.” Generally speaking, the …

Being in a blended family presents its own unique set of challenges that those in a traditional family may not experience.  You may feel perfectly comfortable with how you parent your own children, but that doesn’t mean you are prepared to take on a stepchild.  Your children may absolutely adore you, but how well will …

Q: When we separated, my spouse left the home. I changed the locks and now he cannot enter the home unless I allow him access. How will the courts view this? A: Absent a court order that grants one spouse exclusive possession of the matrimonial home, you are not allowed to take steps to frustrate …

Yes. In determining if there is an entitlement to spousal support, the court will consider (among other factors) the apportioning between spouses of the financial consequences which have arisen in consequence of the way in which they divided the childcare responsibility, pursuant to section 15.2(6) of the Divorce Act. If one spouse sacrificed his or …

When you get divorced, you know that many things are going to change.  One of the big ones is how you celebrate birthdays and holidays with your children.  It is often outlined in divorce agreements when each parent will have the children for which holiday, but in reality it can become more complicated than that.  …

Until the matter of child and spousal support is dealt with, you cannot assign a new beneficiary to your life insurance policies. This is because one’s support obligations are binding upon one’s estate, and if it turns out that you will be the payor of either or both of child and or spousal support, the …

Second marriages can be wonderful.  You’ve realized your mistakes, moved on, and made a more suitable choice for yourself.  Unfortunately, second marriages often mean there is an ex lurking somewhere in the not-too-distant background.  Whether you have children or just live in a small community, it’s quite likely that you will have to deal with …

There is no requirement to share a bank account. It may be possible for 1 party to withdraw funds without the consent of the other, depending upon your arrangement with the bank. We normally advise parties to request that that the bank require 2 signatures. Joint account or not, arrangements should be made to continue …

A matrimonial home is defined as any property in which you have an interest and in which you were using as a family residence at the time of separation. More than one home can be considered to be a matrimonial home, including cottages and vacation properties. Regardless of who owns the home(s), you and your …