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
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;» Read more about: Common Misconceptions: Principle Differences Between Common-law Relationships and Marriage » Read more 3 mins read
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.» Read more about: Protect Yourself If You Are Not A Registered Owner Of Your Home » Read more 2 mins read
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?Read more 2 mins read