We are often asked about A Right of First Refusal because separated parents have heard about the concept but are not entirely clear what it means or how it may apply in their case.
Read MoreThere are, believe it or not, couples who manage to divide the contents of their residence together, whether a home, a cottage or apartment, in a civilized, calm and organized way. It's not as uncommon as you think and it IS entirely possible.
Read MoreThe federal government has delayed the implementation of sweeping reforms to the Divorce Act (Canada-wide law), due to the COVID-19 pandemic.
Read MoreA friend once told me that on an episode of Breaking Bad, someone mentioned that what you tell your lawyer is confidential and forever - is this true? - she asked.
YES !
Read MoreThe COVID-19 pandemic is now our everyday reality. It has impacted the very way we live our day-to-day lives. It has affected our children’s routines, schooling and play, our physical and social relationships, and in many instances, the state of our bank account. It has introduced uncertainty, concern and even anxiety into our days and nights – in ways which are sometimes more obvious and less obvious, and therefore more difficult to detect. The world is on edge.
Read MoreQuestion: "I am separated and I can't cope. I am so devastated, I cannot even face dealing with all of the issues which I have to tackle, now that the relationship is over. What am I to do? Where do I even start."
Read MoreNOISE IS A FACT OF LIFE.
Some noise is pleasing to the ear, the mind and soul. Take the sound of birds chirping as an example. Or the sound of waves along the shore.
Some noise is disturbing. Loud construction work along a route we take every day can disrupt the expected sounds of the morning commute.
Read MoreWhen family law lawyers use this term in Ontario, they are usually talking about a multi-page document which creates a "road-map" for parents on how to deal with their child(ren), and each other, after a separation.
A Parenting Plan may be authored by a variety of people. Many Parenting Plans are the result of negotiations between Mom and Dad, with the assistance of lawyers
Read MoreHopefully, this post will be irrelevant and outdated several months from now but in the meantime, parents should consider with care, and over time:
a) how their children are processing information about the pandemic; and
b) how their actions, as separated/divorced parents, impact their children while we grapple with today's uncertainty.
Read MoreIn simplest terms, in Ontario and for family law purposes, a matrimonial home is the place where married spouses live together at the time of separation.
Here is more information you may find interesting/relevant……..
Questions relating to this issue are quite common, and the answers are not always as straightforward as parents might expect. Here are the BASICS:
University/college costs are what are called “section 7 expenses” - they are a form of child support under the Child Support Guidelines (both federal and provincial - see section 7 of those);
Common Question: "I was married for several years and I am now separated. Someone told me that it is important for me to show in my paperwork what I had when I married my wife. Why does this matter?"
Answer: Ontario's Family Law Act provides a mechanism, unique to our Province, for the sharing, on separation, of the spouses' assets and debts, by value.
Read MoreHere is a hypothetical about which we receive a lot of questions:
Question: “My son turned 18 nine months ago. I stopped making child support payments to my ex-wife based on our court order a month later because he is now 18. I just got a letter from the Family Responsibility Office that I have to pay up what I owe for the last 8 months and continue to pay on a monthly basis. But he is 18!!! His mother is also sending me emails that I "do not get it" and have to continue paying. Do I have to?
Read MoreQuestion: I am still paying child support for my 16 year old son. Someone just told me he is not in school any more and now working full-time. Am I entitled to know what he is doing? How do I find out?
Read MoreQuestion: “My ex-wife is now married to a rich guy. They live in a mansion and she drives an Audi. She does not need child support from me. Do I still have to pay it?”
Answer: The answer is "yes".
Read MoreWe hear this statement quite frequently.
Here is a typical scenario:
* Parties' family law case ends with a final order for child support. They have one child. Dad pays child support for 9 years.
*Daughter turns 17 and moves in with her boyfriend. She also gets a full-time job.
*Dad has irregular contact with daughter, particularly as she gets older.
Read MoreIn general terms, in Canada the phrase "custody" refers to decision-making about a child or children. For example, we currently use the phrases "sole custody" and "joint custody" to describe arrangements based on which either one or both parents make major decisions about a child or children.
Read MoreWe are all entitled to privacy. This extends to (and is perhaps most important in) a family law case. If you are separated or are considering separating, keep in mind the following:
1. If you retain a lawyer or if you consult with him or her, your communications (verbal and in writing) are confidential (we use the word “privileged”). For lawyers, the obligation to keep the information they obtain confidential (other than in the context of a court case) is in place for his or her lifetime.
Read MoreSome time ago, The New York Times reported on the results of a study of teenagers. The study focused on teenagers’ texting habits and their reactions to being interrupted. Unfortunately, the results are not that surprising, are they? Many such studies, with similar results, have been conducted since then.
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