In a recent decision, an Ontario court grappled with the interesting question of when it may be appropriate to find a party in contempt in the context of family law proceedings. The Parties’ Story The parties separated in January 2016. They had two children together, ages seven and three. Since separation, the parties had been …
Read MoreFollowing a divorce or separation, parents may find themselves with a new set of responsibilities and obligations. Many times these are established through a court order, which sets out, amongst other things, parenting schedules. It goes without saying that most divorced couples don’t see eye-to-eye on some things, and these disagreements can continue to be …
Read MoreIn a recent case, the court considered a father’s request to set aside a restraining order that prevented him from having access to his six-year-old son. The Parties’ Story The parties, who never lived together, had one child. The father was in jail for almost the first two years of the child’s life. In June …
Read MoreChild support and spousal support obligations are serious, and failing to pay them could leave a parent in arrears, and a large debt to repay. Only in certain situations will courts retroactively discharge or rescind support arrears. A recent case from the Ontario Superior Court of Justice serves as a good summary of which types …
Read MoreCourt orders cannot be ignored or disobeyed, and complying with a court order is not optional. In a recent case, an Ontario court considered whether or not the mother of a young child was in contempt for refusing to grant access to the child’s paternal grandmother in accordance with a previous order. What Happened? The …
Read MoreThe mother in a recent Ontario case sought her costs of litigation, which amounted to $456,411.14, inclusive of disbursements and HST. The court had to determine whether the father’s conduct had been so unreasonable that it warranted ordering him to pay those costs. The Parties’ Story The parties were involved in acrimonious litigation for two …
Read MoreIn a recent decision, an Ontario court considered one spouse’s plea for an order of interim costs and disbursements to cover the expenses of carrying on the parties’ litigation. The Parties’ Story The parties began cohabiting in October 2008, married in June 2011 and separated in 2017. The parties had signed a marriage contract the …
Read MoreThe reason behind costs awards in family law matters When parties are involved in family law litigation, it is possible that the court will find one party liable to the other for their costs of the proceeding. In 2018, in the case of Mattina v. Mattina, the Court of Appeal confirmed that rules with respect …
Read MoreAn Ontario court recently considered the interesting question of when it might be appropriate to order a sealing order and publication ban in a family law proceeding. The Parties’ Story The parties, who were separated, had one child. The father had brought a motion to change a final order that was made in 2015 and …
Read MoreBack in April we looked at a case where the courts refused to overturn a separation agreement entered into by two parents. Another recent decision, this time from the Ontario Superior Court of Justice, highlights just how important it is to carefully consider the details and implications of a separation agreement before signing it. The …
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