When Does Child Support End?

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.

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4 mins read

Grandparent Rights vs. Parental Autonomy

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,

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4 mins read

Common Misconceptions: Principle Differences Between Common-law Relationships and Marriage

Rights arising under a common law relationship differ significantly from those afforded to married spouses.

In a common law relationship, one becomes a spouse after three years of continuous cohabitation or upon becoming the natural or adopted parents of a child, in a relationship of some permanence. For married couples, one automatically becomes a spouse after marriage, regardless of the duration of the relationship. A married spouse could be entitled to spousal support after one year of marriage;

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3 mins read

Protect Yourself If You Are Not A Registered Owner Of Your Home

The home that you occupy as a family, often called the matrimonial home, holds special status as between spouses in Ontario.  Both spouses have rights in relation to the matrimonial home, including equal right to possession, disposition and/or encumbrance of the matrimonial home, even if both spouses are not legal owners of the home.

In order to exercise rights in relation to a matrimonial home, often court intervention is necessary; however, you can protect yourself in relation to a matrimonial home in some respects without having to go to court by registering a matrimonial home designation on title.

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2 mins read

What is parental alienation and why is it a problem?

Dealing with child custody issues can be trying on the parents, as well as the child. In some cases, the children get caught in the middle of the battle between the parents. Those children can sometimes begin to adopt a negative attitude toward one parent based on the negative attitude the other parent has toward that parent. The legal term for that happening is parental alienation. Is parental alienation always done on purpose?

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2 mins read

Make sure you understand points about a Canadian divorce

Making the decision to get a divorce is something that most people don’t take lightly. When you embark on the journey toward a new, single life, you should make sure that you know some of the finer points of divorce. There are several things to consider if you are getting a divorce in Canada.

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2 mins read

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