Restraining Orders

Posted by on Mar 21, 2018 in blogs | 0 comments

Restraining Orders

A litigant at family court can apply for a restraining order against any person if they have reasonable grounds: to fear for their own safety; or for the safety of any child in their lawful custody. If you are looking to get a restraining order, here are some things you should consider: The subject of your restraining order can be different depending on the legislation under which you seek the remedy. Under section 35 of the Children’s Law Reform Act a restraining order can be sought against any person. However, under section 46 of the Family Law Act, a...

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Updates to the Federal Child Support Guidelines

Posted by on Feb 5, 2018 in blogs | 0 comments

Updates to the Federal Child Support Guidelines

On November 22, 2017, updates to the Federal Child Support Guidelines (“Guidelines”) came into effect. These updates reflect recent amendments to the tax rules. Support payors should be aware that the recent updates increase obligations under the category of basic table amount of support. As of November 22, 2017, child support will be calculated according to the new table with its higher numbers for child support. However, if any arrears or retroactive support are owed for the period between December 31, 2011 and November 21, 2017, the 2011 Tables still apply. The Guidelines provide a simple way for parents...

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Contract Disputes – Find out Your Legal Rights

Posted by on Dec 8, 2016 in blogs | 0 comments

Contract Disputes – Find out Your Legal Rights

Every day people enter verbal agreements. They often do so without awareness of the risks involved. Commercial reality can make it expensive or inconvenient to have lawyers review every agreement. Even when agreements are written, it is not uncommon for people to overlook the fine print and be unpleasantly surprised. A vast quantity of cases end up in our court system because parties have not been diligent and did not draft agreements that work in their favour or cover all anticipated outcomes. Conflicts arise because some terms are unwritten and the full expectations of parties are not codified. It...

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Cohabitation and Common Law Couples

Posted by on Oct 27, 2016 in blogs | 0 comments

Cohabitation and Common Law Couples

What does it mean to cohabit? To cohabit means “to live together in a conjugal relationship, whether it be within or outside of marriage.” In Ontario, this includes same sex couples. To be considered a common law spouse in this province, you must either live together for 3 years or be in a relationship of some permanence where the parties are natural or adoptive parents of a child. It is important to note that you do not necessarily need continuous daily cohabitation to be considered a common law spouse (Campbell v Szoke, 45 R.F.L. (5th) 261 (Ont. C.A.)). You...

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Entitlement to Spousal Support

Posted by on Oct 19, 2016 in blogs | 0 comments

Entitlement to Spousal Support

Am I entitled to Spousal Support? As a divorced or separated spouse in Ontario, you may be entitled to spousal support depending on your particular financial situation and the circumstances of your relationship. There are two pieces of legislation in Ontario that govern the concept of spousal support. The Divorce Act acts as the relevant legislation for spousal support pertaining to legally married couples about to obtain or who have already been granted a divorce. Alternatively, the Family Law Act applies to couples who have been legally married, but are opting for separation rather than divorce, and common law...

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Importance of Financial Disclosure

Posted by on Jul 25, 2016 in blogs | 0 comments

Importance of Financial Disclosure

Financial Disclosure In family law proceedings, timely and accurate financial disclosure is important to achieve a fair, cost-effective, and lasting result. Without accurate financial disclosure by both parties, resolution is delayed and cost of litigation is needlessly increased. Accurate disclosure is significant. Under the Family Law Act, if a couple reach an agreement that is later discovered to have been entered under inaccurate disclosure, that agreement can be set aside. The article provides a brief overview of financial disclosure, why it is important, and the potential costs of inadequate disclosure to you, the family law litigant. Rule 13 of...

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An Introduction to Custody and Access

Posted by on Jun 23, 2016 in blogs | 0 comments

An Introduction to Custody and Access

Child Custody and Access If you have a child and experience separation from the parent of the child, it is important you consider the issue of custody and access.  Custody is not only important because it determines who acts as the child’s primary caregiver, it also determines who pays child support. If you want to apply to a court to have your custody and access issues determined there are several things you must consider. Which court? What law? The first issue to consider is your marriage status and the right venue at which to commence your application.  If you...

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