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April 24, 2024

Court Warns Against Undermining Procedural Fairness When Deciding a Child’s Habitual Residence

When a child is removed to another jurisdiction, courts must carefully assess the evidence to make orders and decide issues such as the child’s habitual…
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April 8, 2024

What Do Courts Consider Before Granting a Divorce?

When a relationship ends and the spouses go their separate ways, usually the more difficult issues to resolve are parenting arrangements, support entitlements, and the…
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March 26, 2024

Deference to a Trial Judge’s Findings May Limit Your Chances of Success on Appeal

Parties who receive an unfavourable result in a family law proceeding may want to initiate an appeal. However, appealing a judge’s ruling is not straightforward.…
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March 11, 2024

Child Access Rights and Enforcement in Ontario

Divorce is often a difficult process for many, and if children are involved, it can be even more challenging and emotionally charged. Determining which parent(s)…
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February 21, 2024

A Section 30 Assessment Can Help the Court Understand the Parenting Issues in Dispute

Section 30 of the Children’s Law Reform Act allows courts to order the appointment of a third-party assessor to assist in deciding issues of decision-making…
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February 6, 2024

Courts Focus on the Status Quo to Maintain Stable Arrangements for Children

In the family law context, the status quo is a concept that courts use to help make decisions relating to parenting and decision-making responsibility. Courts…
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January 24, 2024

A Relationship Breakdown Can Risk a Jointly Owned Business

During a relationship, parties may establish a family business and merge their personal and professional lives. If the parties are joint owners and the relationship…
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January 10, 2024

When Might Courts Depart from the Spousal Support Advisory Guideline Ranges?

The Spousal Support Advisory Guidelines (also referred to as the “SSAGs”) were developed to bring more consistency and predictability to spousal support awards and help…
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December 11, 2023

Do Criminal Charges Affect How Courts Decide Parenting Matters?

Family law and criminal law proceedings are dealt with separately by the courts, but a parent’s criminal charges may still be relevant when determining parenting…
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December 4, 2023

Contributions to Multi-Generational Household Do Not Amount to Unjust Enrichment

There are cultural and economic factors behind the increase in multi-generational living arrangements where several generations of a family live within a single residence. This…
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