PARENTAL CHILD ABDUCTION – ACT QUICKLY (PART – 2)
This blog is in continuation of the previous blog (Part – 1) on the same subject. HOW TO SEEK THE RETURN […]
PARENTAL CHILD ABDUCTION – ACT QUICKLY (PART – 1)
PREAMBLE Parental child abduction, the most common form of child abduction in Canada, occurs when a parent takes or conceals a child […]
COURT’S POWER TO REMOVE BARRIERS TO RELIGIOUS REMARRIAGE
PREAMBLE In some religions like Islam, a woman cannot re-marry without a religious divorce. Although the Courts do not have the […]
Is Maher Part of Equalization?
INTRODUCTION The Canadian Courts have considered Maher (sometimes also written as Mahr) as any property conveyed under […]
CRYPTOCURRENCY AND FAMILY LAW DISPUTES
INTRODUCTION A cryptocurrency is a digital form of currency that employs cryptography for security and has no central authority. Cryptocurrency is […]
What is the Maximum Contact Principle under the amended Divorce Laws?
There are recent changes in Divorce Act and Children’s Law Reform Act. Amended section 16(6) of the Divorce Act, states that “In […]
Is a foreign religious divorce recognized in Canada?
This question has come up before the Court of Appeal for Ontario recently. The question on this appeal is whether Canadian […]
Tender Years of Child Does Not Tip the Scales in Favor of Either Parent
Introduction According to the “tender years doctrine” the mother of the child of the tender year, normally up to the age of […]
How to Determine Date of Separation
The date of separation or valuation date (for financial purposes) is the date when you and your spouse separated. The date of […]
Can You Have a New Relationship If Not Divorced Yet?
Until you are divorced, a marriage does not end legally. In a few cases, we have seen those legally married spouses are […]
Why Do Muslims Need an Islamic Will in Canada?
Although a Will is not compulsory under Canadian Law, there are legal implications of not having a will. For example, not having a will […]
Unborn Child and Child Support
In today’s article, I am writing about a somewhat unique situation where a mother seeks child support and expenses for an unborn […]
Material Change and Variation of Court Order
In family law proceedings, the parties frequently desire to change the court order regarding decision-making responsibility, parenting time, relocation of the children, […]
Family Violence and Financial Abuse
Preamble On March 1, 2021 amendments to the Divorce Act and provincial and territorial family law Statutes came into force which desire […]
Religious Divorce in Canada
Preamble Under the Canadian Family Laws, the courts grant civil divorce pursuant to the Divorce Act. But some people need religious divorce […]
Is RESP Considered a Section 7 Expense?
Section 7 of the Child Support Guidelines provides the details of the children’s special or extraordinary expenses which are shared by the […]
PARENTAL ALIENATION IS A CHILD ABUSE
Parental Alienation Syndrome (P.A.S.) is a term that was first coined by Dr Richard Gardner, a clinical professor of child psychiatry at […]
Immigration Issues for International Students during COVID-19
Travel restrictions have impacted international students to travel to Canada during COVID-19. However, Starting October 20, 2020, Designated Learning Institutions (DLIs) with a COVID-19 readiness […]
Marriage vs. Common-Law: What You Need to Know
With the marriage rate decreasing and divorce rates increasing, I am finding that I am getting more and more questions about common-law […]
Dower (Mahr): Is it a Gift or A Woman’s Right?
Misinterpretation of the Dower or Mahr in the Canadian legal system has given rise to unexpected and unwarranted outcomes. In the multicultural society […]
Does Sponsorship Agreement impact Child Support?
One of the requirements to sponsor a family member for Citizenship and Immigration Canada is to execute a Sponsorship Agreement and an […]
Social Distancing, Not Family Distancing
The Coronavirus pandemic has created child custody & access emergencies. Some parents are not giving access to the other parent under the […]
How Does Criminality Affect your Immigration Status?
Most of the criminal lawyers representing their clients are not aware of the immigration consequences of sentences to their clients. Depending on […]
Can One Parent Relocate the Children Without Other Parent’s Consent?
During Covid-19, the issue of relocation of children has become a highly contested issue between parents due to social and economic challenges […]
Can Parents Physical Discipline the Children?
Since I had the opportunity to serve in the Ministry of Attorney General, Ontario in the capacity of Court Registrar and Crown […]
CAN A SUGAR DADDY AVOID SPOUSAL SUPPORT?
Sugar dating is becoming a new norm in a society where an older wealthier person (sugar daddy), in exchange for an intimate […]
Can you Set Aside a Default Order in Ontario Family Court?
Introduction: We are approached by clients who need help setting aside a default order. There are various reasons that one of the […]
HOW TO CALCULATE FOREIGN INCOME FOR SUPPORT PURPOSES?
The Child Support Guidelines, a law dealing with the determination of child support, were enforced in 1997. According to these Guidelines, child […]