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July 4, 2023

Unmarried Partners May be Justified in Remaining in a Solely Owned Home

When a relationship ends, your right to stay in the home that you shared with your partner depends on whether you were married or a…
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June 20, 2023

Will Your Foreign Marriage Contract Have the Effect You Intended?

Parties may voluntarily enter into a marriage contract to set out their respective rights to property ownership, equalization, and support if the marriage ends. Domestic…
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June 6, 2023

Does a Parent’s Mental Illness Impact Their Parenting Claim?

Establishing a parenting schedule and determining decision-making responsibility with respect to children can be difficult. Matters can also be challenging when a parent is dealing…
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May 24, 2023

What Income Can be Imputed When a Party Returns to the Workforce?

In the context of support obligations, when a party is underemployed and is earning less than they are able to, they may face having income…
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May 10, 2023

Can Recommendations by the Office of the Children’s Lawyer be Used on a Parenting Motion?

When parents are going through a separation or divorce, determining parenting arrangements can sometimes be contentious. Sometimes, the Office of the Children’s Lawyer may become…
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April 25, 2023

Can You Claim Child Support Payments From a Deceased Payor’s Estate?

Disputes regarding children can be emotional and complex. When an order for child support is awarded, parties often only consider the obligation in the current…
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April 11, 2023

Is It Ever Too Late to Return a Child After a Wrongful Removal?

When a child is wrongfully removed from their habitual residence, it is generally in their best interests to be returned home where they have their…
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March 27, 2023

What Notice is Required to Reduce Child Support Retroactively?

Over the years, case law has helped provide a framework for applications concerning the retroactive variation of child support obligations. Previous judicial commentary has acknowledged…
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March 14, 2023

Changing a Child’s Residence May Require Court’s Oversight

In most cases, a parent who wishes to move to a new residence with a child will be required to provide notice of the proposed…
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February 28, 2023

Failure to Respond to Court Application Can Lead to an Uncontested Trial

When a family law application is filed, the respondent has a window of time to file their Answer. If they fail to provide the required…
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