By Farah Sidi, Lawyer, Galbraith Family Law
Although legislation may seem quite uninteresting to many, it does have a very significant impact on families separating in Canada and the outcomes of family law matters. Legislation reflects how the family structure is viewed in society and when laws are not updated or modernized in the way
When you marry, any existing Will is automatically revoked. In the situation of this, the rule of law takes charge in deciding how your assets are divided, until the parties involved in the marriage contract renew their Wills to effect their new status. Mostly, this would mean your entire estate would go to your wife,
By: Brian Galbraith
A hot issue debated by parents is whether to send their children to school or have them do home-schooling. Once the school year has begun, you may be wondering if you made the right decision. If you are separated or divorced, it may be an even more difficult issue to resolve. You
I have had several clients ask me if their case is truly “urgent” and if it can be heard by a judge during the COVID-19 crisis. Right now, since Family Courts in Ontario are all closed, only the most urgent cases are being heard by the Courts. However, the legal definition of “urgency” is different
In the Canadian commercial law context, electronic trials (paperless trials), while not the norm, have been embraced by some members of the judiciary as early as 2014. For example, Justice D.M. Brown, in Bank of Montreal v Fabish, a commercial litigation case, called upon members of the judiciary and counsel to make greater use
With Covid-19 our family courts have virtually ground to a halt. Yet, Skype has been readily available for many years and Zoom meetings are now routinely being used by members of the public in this time of social distancing.
In 2014, Justice D.M. Brown, in Bank of Montreal v Fabish, a commercial litigation case,
1) If my child(ren) live 50/50 with each parent, there is no obligation to pay supportThis may be true but is likely not. If child(ren) spend more than 40% of their time at each parent’s home, this is referred to as shared parenting. In these circumstances child support can be different than the child support guidelines. The first step in determining child support obligations in a shared parenting arrangement is to determine each parent’s income for support purposes and determine their child support obligation in accordance with the Child Support Guidelines.
The second step is to determine the ‘set-off’ amount of child support. This is determined by deducting the lower support payment from the higher payment. For example:
Continue Reading 5 Myths You Were Told By Family and Friends About Child Support
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This can be an exciting time for some kids and maybe a bit upsetting for others. For parents that are separated, it can be an especially stressful time. Questions come up about how much time the children should be spending with each parent or how the school holidays and PA days are going to
Here is a new tool for family law clients. It is an interesting flow chart that explains the various processes for resolution of family law issues.
Unfortunately, it gives very little space to Collaborative Practice and ignores the interdisciplinary nature of the process but it details the court process well.
I think you’ll enjoy it!
When a group of relationship counselors was polled to determine what the leading cause of divorce was, 74% of them agreed that the biggest predictor was differing opinions on things like money or raising children. These are issues that have to be hammered out in a divorce, so if you struggled to get along