Reading Time: 4 minutes 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 the upper hand. To get a […]
FAMILY | Lawyer: Friend or foe?
Reading Time: 4 minutes 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 come from TV, the “grapevine,” past experience, etc. […]
FAMILY | Changes to Jurisdictional Provisions under the Divorce Act
Reading Time: 5 minutes 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, 2019. While the Divorce Act […]
FAMILY | Relocations with Children: The law before and the law now
Reading Time: 5 minutes 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 Changes to the Law Are Coming: Mark your calendar!”. […]
You Have Choices! Resolving family law problems outside of court
Reading Time: 8 minutes 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 emphasis the media […]
Access to Justice in Family Law: A guide to offering limited scope retainers
Reading Time: 6 minutes 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 also not qualifying for free legal help. Nowhere […]
Aftershocks: COVID-19 and the “new normal” for family lawyers
Reading Time: 6 minutes 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 in order following a separation. […]
FAMILY | When is Shared Parenting Appropriate?
Reading Time: 4 minutes 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 right for all families. In some […]
FAMILY | What COVID-19 Caselaw Tells Us about Parenting
Reading Time: 5 minutes 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 circumstances in our history. However, the […]
FAMILY | The Legal Status of the Spousal Support Advisory Guidelines
Reading Time: 4 minutes The Divorce Act sets out the factors that a judge considers when ordering one ex-partner to pay spousal support (also knows as “partner support” or “spousal maintenance”) to the other ex-partner. The factors in provincial family law legislation that applies to unmarried couples, such as Alberta’s Family Law Act, often mirror the Divorce Act. Before […]
