The term “mobility” is used in family law to describe circumstances when one parent wants to relocate to another jurisdiction with the children. Practically speaking, this means that one parent (usually the primary or custodial parent) is attempting to relocate with the children, the result of which would likely be that the access parent will have reduced time with the children. As a result of the interference of parenting time that the proposed move may cause,» Read more about: Mobility Rights – What’s the Test? » Read more 6 mins read
Pets are considered property pursuant to family law in Ontario. As wrong as it may seem for many who consider their pets to be members of the family, the unfortunate reality remains. Pets are not treated as children by the court and the laws and rules regarding custody and access of a child simply do not apply to domestic animals, regardless of how much they are loved and cared for. While acknowledging that:
- pets are of great importance to people;
Not all property is treated equally in family law. Inheritances and gifts from third parties receive special treatment when determining the division of property for married spouses.
The regime governing property division for married couples in Ontario is found in section 1 of the Family Law Act. Equalization is determined by having the spouse with the higher net property (the higher net worth accumulated over the marriage) pay half the difference of the parties’» Read more about: Inheritances and Gifts: How to protect your assets » Read more 3 mins read
Generally speaking, child support can be awarded retroactively to the date when the recipient can prove he or she first asked for child support. You must be able to prove that you asked for child support, an increase in child support, or at least disclosure of financial information. This is another reason why it is a good idea to communicate with your former spouse via email and to keep good records.
If you are unable to prove that you requested child support or financial disclosure,» Read more about: Retroactive Child Support: How Far Back Can You Go? » Read more 3 mins read
There is a common misconception that the right to pay child support automatically ends when a child reaches 18 years of age. However, the law in Canada provides that child support can continue past the child reaching 18 years of age if he or she is enrolled in a full-time program of education, or is unable to withdraw from parental control, or obtain the necessaries of life as a result of illness, disability or other cause.» Read more about: When Does Child Support End? » Read more 4 mins read
The seminal case regarding grandparent access is Chapman v. Chapman (2001), 15 R.F.L. (5th) 46. In that case, the Ontario Court of Appeal held that parents’ rights to make decisions and judgments on their children’s behalf, including decisions about access, should be respected, unless the parents have demonstrated an inability to act in accordance with their children’s best interests.
The courts in Canada have recognized that, “in the case of a non-parent,» Read more about: Grandparent Rights vs. Parental Autonomy » Read more 4 mins read