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June 17, 2024

What if a Spouse Empties a Joint Bank Account Before Separation?

It is common for couples to maintain joint accounts during marriage. Both parties will have equal rights to the account and can make deposits and…
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June 4, 2024

How is Child Support Calculated When Parties Live in Different Jurisdictions?

Obtaining and enforcing a child support order when the other party resides in another jurisdiction can be a complicated process. However, legislation establishes a process…
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May 21, 2024

Courts Grapple With Valuing a New Business at Separation

During a divorce, spouses will need to consider dividing family property and making an equalization payment. Some categories of property will be easy to deal…
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May 7, 2024

Do Professional Degrees Count as Property to be Equalized on Divorce?

Obtaining professional degrees and licenses is time consuming and costly, and can be challenging for a family’s budget, often requiring the other spouse to support…
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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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