In most disputes over parenting time, parents come to reasonable decisions about what is in their child’s best interests. However, a small percentage of disputes are “high conflict”. In high conflict cases, the parents have great difficulty communicating, make decisions together, and treating each … [Read more...]
Changes to Child Support Applications
Exchanging financial information is crucial to determine child support. John-Paul Boyd gave a great overview of child support in LawNow Issues 38-4 and 38-5. I covered the general duty to disclose financial information in family law cases in LawNow Issue 39-5. There have been some recent changes in … [Read more...]
Dealing with Pets after Separation, Part 2: Going to Court
In the first half of this article, I wrote about the laws on personal property that might apply when a couple can’t agree on how they’ll manage their pets after they separate. In this half, I’ll talk about the sorts of orders you can and can’t ask the court to make about pets, assuming you and your … [Read more...]
Dealing with Pets after Separation, Part 1: Understanding the Law on Personal Property
Family law is about how serious cohabiting relationships start and end, how children are cared for after separation, how the bills are paid after separation, and how the property and debts that accumulated during a relationship are split when it ends. Despite the folks who’d very much like to apply … [Read more...]
Responding to Children’s Refusal to Visit After Separation – Part 3
In the first part of this article, I wrote about the research on children who refuse to visit a parent after separation and how children’s relationship with a parent can sometimes break down for reasons other than the interfering actions of the other parent. In the second part, I talked about the … [Read more...]
Parental Alienation – Part 2
In the previous part of this article, I talked about Richard Gardner’s concept of parental alienation syndrome, some of the controversy Gardner’s theory raised in the mental health community and the important contributions made by Joan Kelly and Janet Johnston when they distinguish cases of parental … [Read more...]
When Children Refuse to Visit: Alienation and Estrangement in Family Law Disputes
Separation is a difficult time for parents, even those who “consciously uncouple” like Gwyneth Paltrow and Chris Martin. The emotional trauma of separation becomes significantly more challenging, however, when the legal consequences of separation steer parents toward conflict in court rather than … [Read more...]
Financial Disclosure in Family Law Cases, Don’t Hide; It’s Best to Provide!
Navigating the family law system without a lawyer can feel overwhelming, but many successfully find their way. One of the biggest stumbling blocks for self-represented individuals is a resistance to provide sufficient financial information. In order to properly negotiate or litigate child … [Read more...]
Unilateral Relocations – Don’t Do It!
When a family is in conflict, it can be tempting for one parent to want to get away. This can be especially true in cases where a parent is struggling financially after a separation or, in cases of domestic violence, when leaving is part of a safety plan. However, a unilateral relocation with a … [Read more...]
Considering Jurisdiction in Interprovincial Custody Applications
Canadians are mobile and it is not uncommon for families to move between provinces. It is also not uncommon for parents to live in different provinces after a separation. So, if they need to go to court to settle a parenting dispute, which province should make this decision? This is a question of … [Read more...]
