Things to Consider When Hiring a Family Lawyer

Family lawyer focus on issues that may affect a family structure. Usually, they handle matters such as divorce, the division of marital property, spousal support, child custody and child support. Family lawyers may also help partners to create marriage and domestic contracts that outline the rights and responsibilities of each person in the relationship and what should happen if the relationship ends.

Family law matters are extremely sensitive,

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6 mins read

Who Has Control Over Donor Embryos After Separation?

The law states that couples have joint control over embryos that are fertilized from their sperm and eggs. This means that either spouse may prevent the other from using the embryos (fertilized eggs).

In the recent decision of S.H. v. D.H. ONSC 2008, the Ontario Superior Court of Justice considered the issue of who has the right to make decisions in relation to donor eggs that were fertilized using donor sperm (i.e. neither spouse had a genetic connection to the embryo).

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4 mins read

Putting Children First: Proposed Changes to the Divorce Act

In May 2018 the Canadian Justice Minister, Jody Wilson-Raybould tabled Bill C-78, which seeks to vary the Federal Divorce Act with the aim of putting the best interests of the children first. The Divorce Act is the governing legislation for parties ending their marriage and has not had any significant changes since it was drafted in 1985. Over the past 20 years the family law bar has seen a shift in parenting roles and it is important that the legislation adapt to reflect this.

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7 mins read

Mobility Rights – What’s the Test?

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,

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6 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

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

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