When one or both of the spouses involved in a separation or divorce own their own business or have complex income and assets, there are special considerations that may arise. The financial disclosure required in such situations may be more complex than in most situations. In knowing that, it’s important to remember that when the …
Read MoreWhen a couple goes through a separation or divorce, they may turn to the courts to establish responsibilities such spousal support, child support, and access to children. Orders can come in a number of forms, including interim and final orders. The former is intended to temporarily establish responsibilities while awaiting a court date, while the …
Read MoreAs we’ve blogged about in the past, being found in contempt of court is a serious matter. In a recent family law case, an Ontario court was tasked with figuring out the appropriate penalty for the father’s contempt. The Father’s Contempt of Court The parties had a short relationship that lasted for less than two …
Read MoreWhat constitutes a “material change in circumstances” when it comes to a party’s request to terminate spousal support? In a recent case, the Ontario Court of Appeal considered this very question and was asked to determine whether the trial judge erred in terminating spousal support. The Husband’s Decision to Retire The parties were married for …
Read MoreMany parties have struggled with pre-existing parenting arrangements during COVID-19. As demonstrated in this case that was recently before an Ontario court, the pandemic has brought with it a lot of uncertainty and has turned many people’s plans on their head. The Original Parenting Order The parties were married in July 2008 and divorced in …
Read MoreIn a recent decision, an Ontario court considered the interesting question of what happens when one parent withholds access to a child during the COVID-19 pandemic. The Background The parties were separated. They had one child together, who was two years old. The child had some ongoing health issues, including a neuromuscular disorder with previous …
Read MoreSince the COVID-19 pandemic began, courts have had to consider parties’ requests to hear motions and decide whether a matter meets the “urgency test” (set out below) on a case-by-case basis. In a recent decision, an Ontario court considered whether a mother’s motion met this test in the context of a more recent notice to …
Read MoreIn a recent case, an Ontario court heard a father’s motions to find the mother in contempt of court for failing to facilitate access in accordance with court orders. In considering the motions, the court had to consider the interesting question of when, and in what circumstances, it would be appropriate to find a party …
Read MoreIn 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 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 …
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