When parties disagree on family law issues, such as parenting arrangements, support entitlement, and property division, there are several ways in which they may reach a resolution. While divorce proceedings are commonly associated with the court system, several alternative dispute resolution avenues are available to parties. This blog post will answer some of the most commonly asked questions regarding family mediation. What is family mediation? Family mediation is a voluntary, structured settlement procedure for parties going through a separation or divorce. It is a form of alternative disput ..read more

The family cottage is often among a family’s most cherished possessions. Regardless of the time of year, a family cottage is a place for loved ones to gather and make memories. In recent years, sales of cottage properties in Ontario have soared, and many families are now looking for domestic vacation options. Considering the difficulty and expense of procuring a new cottage, and the high property values of cottages that may have been passed down over time, these properties can become a source of conflict when a couple separates or divorces. Whether the cottage is a relatively recent acquisitio ..read more

Parental alienation can occur when a parent negatively influences their child’s relationship with their other parent. The impact on the parent-child relationship can result in the unjustified rejection of the parent, further damaging the relationship. Courts recognize that maintaining a relationship with both parents is often in a child’s best interests. Therefore, parental alienation can harm children by limiting their growth and negatively impacting future opportunities for fostering meaningful relationships. Parents who participate in alienating behaviour may be found to be acting in bad fa ..read more

One of the significant amendments to the Divorce Act in 2021 was the recognition of and reference to the tort of family violence. Unfortunately, family violence has devastating and lasting impacts on people nationwide. In relationships where family violence has already occurred, a separation or divorce may only exacerbate the risk of violence. This blog post will provide an overview of the amendments to the Divorce Act pertaining to family violence and how the courts have considered the newly recognized tort of family violence. It will also summarize what a plaintiff must prove to be successfu ..read more

Courts may refer to a maximum contact principle in determining parenting time and the contact between children and parents. Prior court decisions have advanced the idea that maximum contact should only be restricted to the extent that contact conflicts with a child’s best interests. Following legislative reforms, courts prioritize a focus on a child’s best interests, noting that there is no presumption in favour of any one parenting order. Children deserve meaningful relationships with both parents, but each family is different, and there is no presumption of equal parenting time or maximum co ..read more

Following a separation, a couple may begin to think about spousal support. A key question is the length of time that support may be paid. The length of time that the spouses have cohabited is one of the factors that a court will consider. In general, the longer the term of the cohabitation, the longer spousal support will be payable. The Spousal Support Advisory Guidelines provide a starting point for the duration and quantum of support. But these are not fixed ranges, and each case will depend on the context of the specific relationship. Marriage Creates a Mutual Duty of Support When making a ..read more

When separating or divorcing, one of the most important tasks of each party is to provide full and frank disclosure of their finances. The financial positions of the parties will be used to determine the immediate and long-term financial arrangements between the parties, including spousal and child support, the treatment of the matrimonial home, and the equalization of assets. Under Rule 13 of Ontario’s Family Law Rules, any party bringing an application for support, property division, or exclusive possession of the matrimonial home must include a financial statement with their application. In ..read more

When it comes to resolving a family law dispute, there are many options available to the parties in terms of forum and method. Knowing which one to choose can be daunting, especially for those involved in high-conflict situations or in families where abuse may be a concern. Some parties assume court is the only option when a dispute has escalated past the point of constructive communication. Conversely, others may feel that an amicable separation negates the need for any type of formal process to determine the terms of a separation or divorce. Each situation has a unique set of circumstances w ..read more

Most people with pets come to think of their dogs, cats, or other companion animals as members of the family. Given the extremely strong attachment created between pets and their owners, a family pet can be a significant concern for couples facing a separation or divorce. People tend to think of pets similarly to children in this situation, and disputes can arise over which spouse or partner will “get custody” of the family pets following the breakdown of the relationship. However, the law in Ontario does not treat pets much differently than it does other personal property. Since pets are trea ..read more

The term “parental alienation” was originally coined by American child psychologist Richard Warshak in the 1970s. The term describes various controlling, manipulating, and brainwashing behaviours separating parents can engage in to put emotional and physical distance between a child and the other parent. The behaviours are generally carried out over a period of time, creating an “active but unjustified campaign of denigration against the other parent”. The umbrella of parental alienation, includes indicia such as: Overtly and repeatedly speaking negatively about the other parent to the child ..read more