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Published on: 19 Dec 2018 By

What is “shared custody” and how is it calculated?

In family law, the term “custody” usually means decision-making. Having “custody”  means having the ultimate decision-making power over important decisions regarding the child, such as what child the school will attend, what religion the child will be raised in, what major recreational activ…

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Published on: 18 Dec 2018 By

Are gifts “income” for support purposes?

In a previous article, I set out a list of common situations wherein a court may impute income to a support payor, as set out in the Child Support Guidelines. One situation not specifically included in that list is the situation of “gifts”, which are non-taxable payments that do not appear o…

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Published on: 6 Nov 2018 By

In the Family Law Context: Custody and Guardianship of a Minor’s Property

Frequently I meet with clients who inquire about having a Will prepared, given their separation. They express concerns about their child(ren)’s future in the event something happens to them now that they are separated. The typical client may ask about what happens to “custody” of their child…

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Published on: 7 Sep 2018 By

Changes to the Child, Youth and Family Services Act (CYFSA)

A change has occurred this year in Ontario which impacts the delivery of child welfare services to children, youth and families. The Child, Youth and Family Services Act (CYFSA) came into force on April 30, 2018, with Part X scheduled to come into force in January 2020. The Child, Youth and …

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Published on: 1 May 2018 By

Marriage: Divorce or Annulment in Family Law?

I recently spoke to someone who had legally married a few months prior. This person explained that once married, she and her new spouse did not live together as husband and wife. They did not consummate their legal union; meaning they did not have sexual intercourse after they married.    Th…

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Published on: 10 Apr 2018 By

‘Predator’ Spouse, Take Note of Hunt v. Worrod

Predatory marriages have drawn a lot of attention in recent years. They are believed to be on the rise. For families with single, elderly family members, this phenomenon is alarming. For Ontario’s estate litigators, the governing legal principles are infuriating. Too often in the past, the p…

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Published on: 6 Dec 2017 By ,

How Will My Personal Injury Settlement Affect My Family Law Separation or Divorce?

When a personal injury matter settles, there are two primary ways the settlement can be paid out for an adult claimant: a lump sum cash payment, or a structured settlement. A structured settlement is created when some or all of a personal injury settlement is deposited with a life insurance …

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