Court Refuses to Set Aside Restraining Order

In 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 More

Court Grants Mother Interim Sole Custody of Child

An Ontario court recently considered the interesting question of whether or not it was appropriate to grant interim custody to a parent while proceedings were underway. The Parties’ Story and Positions The parties began living together in May 2014 and separated in October 2018. They had one child together, who was born in 2016. The …

Read More

Court Terminates Husband’s Obligation to Pay Spousal Support

In a recent decision, an Ontario court considered the interesting question of when it may be appropriate to terminate a spouse’s obligation to pay spousal support. The Parties’ Story The parties were married in June 1967 and divorced in September 1995. They had two children, who were now independent adults. In May 1998, the husband, …

Read More

When the Court Will Stay an Order Pending Appeal

An Ontario court recently considered an interesting case where one party sought a stay of two orders pending appeal.   The Parties’ Story The parties were the parents of a five-year-old child. They separated when the child was approximately one year old. The child resided primarily with the mother after the parties’ separation, until June …

Read More

Family Law Trials Part IV: The Last Two Days

So I got really busy and couldn’t blog on the last two days of trial.  Lots of stuff happening.  I didn’t think anyone would notice.  Figured I would just do it later.  But, surprise, surprise.  I got notes from people asking about the trial, who want to know what happened.  I am so pleased to …

Read More

Family Law Trials Part III: Day Three

It is 7:30 am on the morning of the third day of trial.  Yes, I slept in today.  Worked late and couldn’t move when the alarm went off at 6:00.  But still had trial dreams. Yuck. Yesterday was a good day.  The other side didn’t seem to score any points in cross of our client. …

Read More

Family Law Trials Part II: Day Two

It is 6 am on the morning of the second day of trial.  I have been up for hours.  When I slept I dreamed of the trial.  I am reminded of what it means to live and breathe a case. We opened our case yesterday.  The judge is hard to read, nodding and listening and …

Read More

Family Law Trials Part I – The Preparation

How do you get to Carnegie Hall? Practice, practice, practice. How do you get to trial? Prepare, prepare, prepare. I am a week away from a family law trial. I am busy preparing: compiling briefs of all of the material that has to be served and filed, culling all of the documents I want to …

Read More

Categories

Contact

Questions? Send us an email

Contact Form - Home
Sending