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Published on: 25 May 2020 By

Amendments to the Divorce Act (Bill C-78) a shift to “parenting time” and “parental decision-making”

In May 2018 Bill C-78 Act to Amend the Divorce Act as well as the Family Orders and Agreements Enforcement Assistance Act and Garnishment, Attachment and Pension Diversion Act and make consequential amendments to another Act was introduced to Parliament. This Bill when enacted will amend the…

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Published on: 21 Apr 2020 By

COVID-19 and the anticipated wave of motions to change

I have heard some describe the fallout from the impact of COVID-19 on individuals and families in the family law context as the inevitable “tsunami”. I hope the forecast of a “tsunami” proves incorrect, but I do predict that there will be a wave of variation cases (Motions to Change) when th…

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Published on: 20 Apr 2020 By

Can I get a divorce during the COVID-19 pandemic?

It’s been a long month of social distancing. I mean – wow – this is the most time I have spent with my spouse since … ever! I can appreciate why many couples who were already struggling with relationship dysfunction, or were desiring a separation, may be feeling over the edge now. Of course,…

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Published on: 26 Mar 2020 By

Should I send my child for access during the COVID-19 pandemic?

These are unprecedented times. As I write this article, Canada has 3,385 confirmed cases of the novel coronavirus COVID-19, and as you read this article that number is bound to be higher – perhaps exponentially higher. All non-urgent matters in the Ontario courts have been suspended, w…

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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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