Debunking the myths and legends that haunt family law. This article continues our series on debunking the myths and legends that haunt family law. Today’s topic: myths on ways to avoid paying child support. A note about child support First, let’s address what underlies these myths: that child … [Read more...]
Myths about Filing Claims
Debunking the myths and legends that haunt family law. This article continues our series on debunking the myths and legends that haunt family law. In our last issue, Erika covered myths about lawyers. Today’s topic: the family law process, particularly, filing claims. Myth: If I file first, I have … [Read more...]
Lawyer: Friend or foe?
Debunking the myths and legends that haunt family law. This article is the first in a series dedicated to debunking the myths and legends that haunt family law. Today’s topic? Lawyers. Many people experiencing a family breakdown have pre-conceived notions about the role of lawyers. These ideas … [Read more...]
Changes to Jurisdictional Provisions under the Divorce Act
Changes to Canada's Divorce Act that came into effect on March 1, 2021 include major changes to jurisdictional rules. There are several notable changes to Canada’s Divorce Act that came into effect on March 1, 2021. These changes are made through Bill C-78 which received Royal Assent on June 21, … [Read more...]
Relocations with Children: The law before and the law now
New moving rules apply to families going through a divorce or already divorced, including those with existing orders or agreements. The federal government has made some important changes to the Divorce Act. John-Paul Boyd provided an overview of the changes in his November 2019 article “Important … [Read more...]
You Have Choices! Resolving family law problems outside of court
The only way legal disputes ever seem to get resolved on TV or in the movies is in court. That’s understandable, because the other ways we resolve legal disputes are, well, boring. I don’t think we are ever going to see a prime-time legal drama about people going to mediation. However, the … [Read more...]
Access to Justice in Family Law: A guide to offering limited scope retainers
In Canada, access to the justice system is largely reserved for wealthier individuals and corporations. The poor have limited access through legal aid and poverty law clinics. However, the majority of Canadian citizens fall between those two extremes, unable to pay a lawyer to represent them but … [Read more...]
Aftershocks: COVID-19 and the “new normal” for family lawyers
When the world feels like it is off its axis and everything is changing at an unprecedented pace, sometimes it helps to remember what has NOT changed as we grapple with what has. Things that have not changed: Families continue to require compassionate and thorough assistance to get their lives … [Read more...]
When is Shared Parenting Appropriate?
When the parents of a child separate, they must make decisions about where the child should live on a day-to-day basis. Many parents prefer some form of “shared parenting” which usually means that each parent has day-to-day care of the child at least 40% of the time. However, shared parenting is not … [Read more...]
What COVID-19 Caselaw Tells Us about Parenting
This column is coming out during the COVID-19 pandemic. Health authorities across Canada, and the world, have issued protocols for limiting the spread of the virus. Many family courts are only hearing “urgent” matters. The court has heard cases during this time that speak to a specific set of … [Read more...]
