Blogs and Articles on Legal Topics

Even pets are not immune from the acrimony between separating spouses in family law cases, and judges are called upon to decide their future. While many view pets as important family members, and while others are closer with their pets, and even take better care of them, than their own children, the prevailing view in Canada is that pets are property.

Introduction:

The "best interest of the child" is an important principle in family law supported by case law and legislation. The essential principle focuses on the right of a child and obligations upon the parents. The best interest of a child must be determined on a case-by-case basis considering the child's needs.

Royal Assent was passed onto Bill C-78 to amend the Federal Family law in Canada related to divorce, parenting, and enforcement of family obligations. This article will focus on the changes related to divorce and parenting.

Who gets to claim the children as dependents at tax time? Sometimes the answer to this question is straightforward. Parents with primary physical custody of their children can claim them as dependents and claim a deduction. Other times, such as when parents share custody and residence of their children this can become substantially more difficult. A dependent credit can only be claimed by one person. This means that Canada Revenue will not split your credit between you and your former spouse or partner (even if you ask nicely).

In this case, Justice Kershamn dealt with the issue of whether child support should be payable for when the children are leaving away from the home for university.

The father sought the court to hold the mother in contempt for breach of a court order with regards to her interference with his access to the children.

It can take a while to work through the court process to obtain a final order for any relief sought. Parties often bring motions for temporary orders for some relief prior to a final order being granted, but these temporary orders are not binding on the trial judge.

While the idea of a home-made separation agreement may seem like an appealing way to save on the costs of hiring a lawyer, there are a number of traps that can catch unwary spouses looking to separate quickly and easily. These traps can cost them far more than they ever bargained for.

In Ontario, the laws regarding child support require a parent to pay support until their children turn eighteen, or until their children withdraw from parental control. But what happens if children cannot attain independence on account of a medical or other disability? Are parents bound to pay support forever?

It is common for self-employed individuals to place their assets in their spouse’s name to protect them from creditors. What happens, however, in the event of a separation? Do they belong solely to the spouse who received the assets since the assets are solely in their name? Who retains the assets?

What do a loan shark and an ex-spouse have in common? Chances are, they’re both charging you interest. Bad jokes aside, separated and former spouses in family court often find themselves facing high-interest payments to their spouses following the completion of lengthy litigation.

Having to pay spousal support can be a difficult pill to swallow; especially if it appears that your spouse is not attempting to support herself or himself.

The case of Waye v. Cook, 2015 ONSC 7151 emphasizes that a recipient of spousal support has an obligation to support himself or herself, even if he or she is incapable of earning as much as his or her spouse: The recipient spouse has to try.

Unfortunately, it is a far all-too-common scenario in family law: the parent with whom the child resides denies access or claims that the child does not want to see the other parent.

Hutcheon v. Bissonnette, 2017 CarsellOnt 1948 serves as a warning to those who choose not to comply with disclosure orders.

Introduction:

There is no fixed cut-off date in the law determining how many university degrees a parent must fund through child support. Whether a child ceases to be a dependent is assessed based on the facts of each case.