When trying to deal with family violence, everything can feel overwhelming, especially navigating the legal system. Victims of violence sometimes require a protection order that provides for no contact between them and the perpetrator of violence. There are several legal remedies available … [Read more...]
A Brief Primer on Child Support: Part Two
This article is the second of a two-part series on the basics of child support. In the first article I talked about who can ask for support and who has to pay it. In this article, I’ll talk about how much child support is paid, including how children’s extraordinary expenses are covered. How Much … [Read more...]
A Brief Primer on Child Support: Part One
Child support is money paid by a parent toward the living expenses of his or her child. Other people can be required to pay child support, including guardians and stepparents. The duty to pay child support is based on a parent’s obligation, under the old common law, to provide his or her child … [Read more...]
Mother May I? Schools and Parenting Disputes
I had the pleasure of attending a lecture by Jim Davies, the general counsel for the Edmonton Public School Board. He gave a group of family law lawyers the educator’s perspective on parenting disputes.1 Today’s dynamic family configurations can be complicated – divorced biological parents, foster … [Read more...]
Relocation Advisory Guidelines – an idea whose time has come?
Law professor Nicholas Bala of Queen’s University in Kingston, Ontario, took a close look at 750 Canadian cases1 where one parent asked for the court’s permission to move a child against the other parent’s wishes. Even though mobility cases seem ‘rule-less’ and the decisions give the impression of … [Read more...]
Considering Custody
EDITOR'S NOTE Canada's Divorce Act changed on March 1, 2021. The information in this article may be out-of-date. For current information on family law, see CPLEA's Families & Relationships Resources. I recently received this question: How can I get sole custody of my four-year-old son? I … [Read more...]
To Move or Not to Move – that is the Question
EDITOR'S NOTE | The information in this article may be out-of-date. For current information on moving with children, see CPLEA's Moving and the Divorce Act info sheet and FAQs and Moving with Children info sheet. In 2005, Patrick and Serena signed a Separation Agreement that said they would … [Read more...]
Opening Closed Doors – The downside of suing your abuser
In the last issue of LawNow I outlined a number of good reasons why you might want to sue the person who is abusing you. However, there are an equal number of good reasons why you might choose to pass up a civil suit. Any one or a combination of the following options might be all you want or need. … [Read more...]
Opening Closed Doors – When should domestic violence victims sue their abusers?
Mr. Dhaliwal hit his wife with a closed fist and a broom handle and was convicted of criminal assault. In the divorce, Ms. Dhaliwal included a tort claim for assault and battery and asked for damages (money). She won. Mr. Danicic intimidated and harassed his former partner by mailing her … [Read more...]
