Strict Interpretation: Unenforceable Unless in Writing, Signed and Witnessed In Ontario, the Family Law Act, RSO 1990 c F 3, governs domestic contracts, including separation agreements. Section 55(1) of the Act provides that “A domestic contract and an agreement to amend or rescind a domestic contract are unenforceable unless made in writing, signed by the parties and witnessed”. While this language may suggest that these elements are necessary conditions a domestic contract must meet to be enforceable, the case law which has developed regarding this provision makes clear that is not always th ..read more

Do you find yourself in the unexpected position of needing help from a Family Law lawyer? Are you feeling overwhelmed by the thought of commencing legal proceedings? You’re not alone. Rest assured these are murky waters most couples do not envision navigating. Indeed, there can be much at stake when you and your soon-to-be former spouse are no longer paddling in the same direction. If you’re feeling lost at sea, here are some quick tips for working smarter with your Family Law lawyer so you can move your boat to the finish line: Organize Your Thoughts There’s a lot of homework when you deal wi ..read more

Separated parents of especially young children will often need to decide how much time their children can and should spend in each parent’s care.  As children get older, they may have strong preferences for parenting time, which preferences will have greater weight for the older age groups. However, for younger children, their parents, or the Court, will decide the parenting schedules. This blog is intended to provide guidelines on selecting a parenting schedule for particularly younger children (up to age 5). The Children’s Law Reform Act, RSO 1990, c C. 12, provides that a child is to s ..read more

In a recent blog post, we discussed top tips on how to create a binding Separation Agreement or Domestic Contract. However, what happens if an Agreement/Contract is signed without the typical safeguards the law encourages? Does that mean that the Agreement/Contract is automatically unenforceable? The Anderson Case In the recent Supreme Court of Canada decision of Anderson v Anderson, the Court dealt with whether to enforce and uphold an “informal” Separation Agreement that was made between separating spouses. At the time the Agreement was signed, there was no financial disclosure, no independe ..read more

When parties separate on amicable terms, they may choose to create a Separation Agreement without the involvement of lawyers or other third-party professionals. While the spirit of cooperation and collaboration in creating the Agreement is admirable and indeed encouraged, failing to create an Agreement with the proper safeguards can leave the Agreement vulnerable to being challenged, or “set aside” in the future. Setting aside an Agreement refers to the process by which a party can ask the Court to essentially “cancel” all, or some, of the content in an Agreement which was previously signed. T ..read more

Earlier this month, the Court of Appeal released an important decision that will likely play a significant role in resolving disputes regarding vaccinating children. In J.N. v. C.G., 2023 ONCA 77, the appellant father and respondent mother were separated and shared three children. All of the parenting issues were resolved in minutes of settlement, with the respondent having sole decision-making responsibility for the two youngest children. The only outstanding matter was who should have decision-making authority for the same two youngest children regarding the COVID-19 vaccine. The appellant w ..read more

With the lifting of travel restrictions many Canadian families are planning vacations.  Travelling with children of separation or divorce is more complicated than it may seem. There are several factors co-parents need to think about before embarking on a trip with a child.  A Parenting Plan or Court Order will typically outline what is permissible for travel. If one does not exist, or if you are seeking to vary the terms that do exist, here are some things that you may wish to consider: It is always important to consider how challenging this may be for your co-parent. Approachi ..read more

In the recent Superior Court decision of Melbourne v Melbourne, 2022 ONSC 2299, Justice McGee was tasked with ruling on which daycare a three-year-old girl should attend as her separated parents could not agree on daycare options. Despite agreeing to joint decision-making responsibility, the father wanted to enroll the daughter in Bright Beginnings Child Care (“Bright”) and the mother wanted to enroll the daughter in Saugeen Shores Childcare Centre (“Saugeen”). Both parents worked for the same employer at the same location. Each daycare had modern facilities, great services, language instructi ..read more