Questioning Third Parties Can Unlock Key Evidence

Questioning a non-party witness can be a crucial means of gathering information before a family trial. The information being sought must be relevant and advance…
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How Will Courts Consider Personal Autonomy When Deciding If There Is Capacity To Marry?

Marriages between the elderly can give rise to specific concerns, as adult children may question the validity of the marriage, such as whether the individuals…
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What to Do If Your Ex Is Alienating Your Children

Few things are more painful for a parent than watching their child pull away emotionally, particularly when it seems orchestrated by the other parent. Parental…
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Can a Doctor’s Report Be Admitted as Evidence in a Family Court Case?

Sometimes, a party’s health can be relevant to the issues in a family law case, and they may want to include medical reports from a…
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What Rights Does a Surviving Spouse to an Estate?

As part of one’s estate planning, a testator often incorporates terms to address their dependents, including what will happen if their spouse survives them. In…
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Are Child Welfare Agencies Liable to Parents or Foster Families?

Child welfare agencies take responsibility over children who are in their care. But, do they owe any duty of care to biological parents or foster…
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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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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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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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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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