When a child is removed to another jurisdiction, courts must carefully assess the evidence to make orders and decide issues such as the child’s habitual residence. Although cases should be dealt with promptly, a recent case has emphasized that factual issues need to be resolved before a judge can make conclusions. In other words, it is crucial to ensure that procedural fairness and natural justice are not undermined for the sake of expediency. Trial Judge Makes Decision on Affidavit Evidence In Zafar v. Azeem the mother sought to have the parties’ three-year-old child declared habitually resid ..read more

When a relationship ends and the spouses go their separate ways, usually the more difficult issues to resolve are parenting arrangements, support entitlements, and the division of family property. While the divorce itself may be fairly routine, certain conditions still need to be met before the court will grant a divorce. One way spouses can divorce is if they have lived separate and apart for at least one year, but there may be questions about the proper date of separation. Furthermore, courts will not grant a divorce if child support claims have been left unresolved. This blog post will prov ..read more

Parties who receive an unfavourable result in a family law proceeding may want to initiate an appeal. However, appealing a judge’s ruling is not straightforward. Higher courts respect a trial judge’s decision-making process and will show deference to certain findings that a judge makes. The appealing party needs to show that the judge’s decision is incorrect or contains a legal error. In other words, an appeal court cannot change a lower court’s decision simply because different judges might disagree with it. Significant Deference Given to Matters Relating to Support In Hickey v. Hickey, the S ..read more

Divorce is often a difficult process for many, and if children are involved, it can be even more challenging and emotionally charged. Determining which parent(s) have access to the children of the relationship involves specific considerations and nuanced legal arguments. This blog, we will provide an overview of child access rights in family law, and recent developments in the case law which provide guidance on enforcement of such rights. What are Access Rights? In Ontario, access rights to children, often referred to as visitation or parenting time, are crucial aspects of family law. These ri ..read more

In most cases, a parent who wishes to move to a new residence with a child will be required to provide notice of the proposed move to the other parent. This notice is intended to be informational and is an important part of the process as any move can be disruptive to a child and their relationships. A move may constitute a “relocation” when it significantly impacts a child’s relationship with the other parent.  Whether a move significantly impacts a child’s relationship with the non-moving parent depends on the circumstances. Courts generally discourage unilateral changes to a child’s re ..read more

A parent’s obligations to pay child support do not cease simply due to a period of unemployment. While an application to vary the amount of support payable due to a reduction in income may be sought, unemployment does not automatically mean that a parent should provide less financial support to their children. Payor parents are generally obligated to seek and maintain appropriate employment to meet their child support obligations.  In circumstances of unemployment, courts will assess whether the payor parent is intentionally under-employed and whether the parent is capable of earning inco ..read more

Limitation periods prescribe the amount of time a party has to pursue a claim. If a claim is commenced beyond the expiration of a limitation period, it may be barred. In the family law context, limitation periods set out the timelines for a spouse making property claims. While courts do have the discretion to extend timelines, parties must also recognize the legislated time limits and proceed promptly with any claims they wish to pursue.  Courts May Extend Family Law Limitation Periods Ontario’s Family Law Act sets out limitation periods within which claims must be brought. Section 7(3) p ..read more

The re-partnering of a spouse following separation or divorce can impact an existing spousal support order. If a new partner is helping provide for the recipient spouse’s financial needs, there may be grounds for revisiting the entitlement to support and adjusting the quantum or duration of support. Issues surrounding the new partner’s financial disclosure and privacy interests may also arise when new partners are forced into support disputes.  The Impact of Re-partnering on Spousal Support Entitlement to spousal support may be revised for a variety of reasons, including the recipient’s r ..read more

Financial disclosure is a pivotal obligation in family law matters. Proper disclosure provides a foundation for the parties to resolve financial issues, while a failure to disclose causes delay and impedes the resolution of issues. Third parties may also be subject to disclosure obligations as legislation enables courts to compel disclosure of information from non-parties, where relevant information is in a non-party’s control, and it would be unfair for the case to proceed without the information being made available. Third parties are particularly likely to face disclosure requests where the ..read more

Decision-making responsibility (formerly known as custody) and access may become controversial issues following a separation or divorce. Parents may agree to arrangements with the help of a family lawyer or mediator, however, when the parents are unable to agree, a court may be tasked with determining issues relating to custody and access. This article considers some of the options available to the courts when deciding on allocating decision-making responsibility, including what has been referred to as a hybrid arrangement.  What is decision-making responsibility? Decision-making responsi ..read more