Co-parenting with your ex-partner can be challenging. It involves constant coordination and communication about various aspects of your children’s lives. Whether it is about schedules, expenses, health, education, or holidays, co-parenting requires a lot of organization and cooperation. Fortunately, some apps can make co-parenting easier and more efficient. These apps have different features and costs, depending on your needs and preferences. Below are a few examples of co-parenting apps that you can consider. Our Family Wizard This app is one of the most used co-parenting apps which will ofte ..read more

In the first part of this series, we reviewed the background, trial, and appeal to the Saskatchewan Court of Appeal in Anderson v Anderson. This case deals with a “kitchen table agreement” made by the parties, without financial disclosure or independent legal advice, following the breakdown of a 3-year marriage in which there were no children. Nearly two (2) years after the Separation Agreement was signed, following the wife initiating a Divorce, the husband sought to set aside the Separation Agreement. As a refresher, at trial, the Separation Agreement was found to be unenforceable. When the ..read more

At the start of the New Year many people reflect on their goals and what makes them happy. For some, that might include reconsidering a relationship. If you are married or common law, or if you have children together, and have decided to separate from your partner, you should consider speaking with a family law lawyer about your options. When preparing to speak to a lawyer about your separation, the following is a list of initial information your lawyer will ask for: Are you married and, if so, how long have you been married? Did you have a period of cohabitation prior to marriage and, if so ..read more

Amongst the profession, we often refer to domestic contracts prepared by the parties themselves without legal advice as “kitchen table agreements”. In May 2023, the Supreme Court of Canada rendered a decision in Anderson v Anderson, which dealt with the enforceability of a Separation Agreement prepared by the parties in Saskatchewan dividing property without financial disclosure or independent legal advice. Are these “kitchen table agreements” enforceable? Understandably, the Supreme Court’s comments on and treatment of this case will have significant implications for: i) people contemplating ..read more

Karine Jackson - Family Mediator Families going through separations are encouraged to try to resolve the issues through a family dispute resolution process. Negotiating amongst yourselves is a good place to start, if you and your spouse are able to have respectful and productive discussions. This is often referred to as the kitchen table method. It can prove to be difficult, however not impossible to resolve all issues and all discussions should be held with the caveat that each person is entitled to get legal advice before reaching an agreement.  These discussions may be helpful in e ..read more

A parenting plan is a written document that parents prepare to outline how they will raise their children after a separation. If you are a parent who is going through a separation or divorce, you may have many questions about how to raise your children with your former partner. One of the most important things you can do is to create a parenting plan. Child-Focused Parenting Plan Just like parents, children may also be grieving the loss of their family as they knew it. Children can feel grief when their parents separate. They may also be struggling with the changes to their daily routines and ..read more

The recent Supreme Court of Canada decision in Anderson v. Anderson, 2023 SCC 13, provides guidance on domestic contracts and the enforceability of an informal separation agreement between spouses. The Supreme Court noted that “On the one hand, individual autonomy to settle domestic affairs should be encouraged, as parties are generally better positioned than courts to understand the distinctive needs and circumstances of their private relationships. On the other, parties to domestic contracts are particularly vulnerable to unfairness and exploitation, given the unique environment in which dom ..read more

Overview of Tort Claims in Family Matters Tort claims can be made in family law matters, so as to prevent a multiplicity of proceedings and to promote efficiency and convenience. An existing civil claim may be combined on motion with a family matter pursuant to rule 12(5) of the Family Law Rules. You may also be able to plead tort damages from the outset in a family law matter, though there is inconsistent case law in this regard. The classic tort claims we think of include the intentional torts of battery, assault, intentional infliction of mental suffering, and claims related to reputation a ..read more

The Federal Budget 2023 proposes to allow divorced or separated parents to open a joint Registered Education Savings Plans (RESP) for one or more of their children or move an existing joint RESP to another RESP provider. The budget also proposes to increase certain RESP withdrawal limits with the increasing tuition cost for post-secondary education. Before the proposed changes, only spouses or common law parents could jointly enter into an agreement with a RESP provider to open an RESP. Alternatively, if the parties opened a joint RESP during the relationship and subsequently separated, they w ..read more

The family law system in Canada has often been described as broken. Specifically, the Family Court in Ottawa, and in other parts of Ontario, is facing a crisis. Unfortunately, this has been the case for quite some time. In 1999, the Family Court of the Superior Court of Justice was expanded to include Ottawa. The common goal was to promote the non-adversarial resolution of family disputes. Despite tremendous efforts by the legal community, the progress made was insufficient to counterbalance the backlogs and the system’s inability to provide families with accessible services. Prior to COVID, f ..read more