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...]
Retaining a Lawyer
You have asked your friends, looked at websites and finally settled on a lawyer who seems to be a good fit for your case. But before you become a client of that lawyer, you must first retain them. Unfortunately, retaining a lawyer is not always straightforward. The process involves checking whether … [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 in … [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 … [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...]
Do Books Relieve Children’s Pain During Divorce?
Families are no longer as secure as they used to be. The process of divorce and separation can deeply affect children, as can exposure to new types of family structures. Children may feel stressed, frustrated and confused. When parents separate or divorce, children may: have difficulties … [Read more...]
The Legal Status of the Spousal Support Advisory Guidelines
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 … [Read more...]
DBS v SRG: Retroactive child support claims
20/20: Looking back over the last 20 years I was not short of choices when LawNow asked me to write about one of the most important family law cases in the last twenty years. After consulting with Sarah Dargatz, my fellow columnist on family law issues, I decided to talk about DBS v SRG, a … [Read more...]
From the Trenches of High-Conflict Family Litigation
Never have I ever: set out to engage in high-conflict family litigation. And when I say high-conflict, I mean cases where the parties can’t put their own emotions aside to make good decisions for themselves and their children. Somehow, though, it finds me. Time and again I have tried to minimize the … [Read more...]