CAN GIFTS BE CONSIDERED PART OF INCOME FOR SUPPORT?
When determining child and spousal support in Ontario, one common question is whether cash gifts from relatives count as income. Generally, these […]
Pension Plan and Survivors’ Benefit Pensions
When going through a divorce or separation in Ontario, many people wonder how pensions are treated in the division of assets. Under […]
Review Mechanism of Parenting Orders
Ontario Court of Appeal Requires Review Mechanism in Parenting Order for Adult Child with Disabilities The Ontario Court of Appeal (OCA) has […]
Annulment of Marriage
Introduction An annulment of marriage is a legal declaration that a marriage was never valid from the beginning, effectively rendering it as […]
Essentials of a Valid Marriage
Introduction: A valid marriage in Ontario requires both parties to have the legal capacity to marry, meaning they must be at least […]
HOW DOES FAMILY LAW INTERSECT WITH IMMIGRATION LAW?
Family law and immigration law intersect in many ways. There is a considerable body of case law that deals with the intersection […]
Variation of Foreign Child Support Order
Binding Nature of Foreign Orders: A valid foreign support order remains binding on the parties and should not coexist with a conflicting […]
Sperm Donor and Parenting Time
In a recent case, the Supreme Court of British Columbia ruled in favour of a sperm donor who sought increased parenting time […]
Foreign Divorce and Challenges
For a foreign divorce to be recognized in Canada, it must comply with s.22 of the Divorce Act, R.S.C. 1985, c.3, which states as follows: […]
Court of Appeal on Marriage Contract
In a recent landmark decision, the Ontario Court of Appeal upheld the validity of a 2017 marriage contract in Singh v. Khalil. […]
JURISDICTIONAL CHALLENGE AND IMPORTANCE OF DISCLOSURE IN FAMILY LAW DISPUTE
In a recent case, the Ontario Court of Appeal dismissed a husband’s motion to stay a financial disclosure order in a jurisdictional […]
WHAT IS GREY DIVORCE AND ITS CAUSES?
The term “grey” refers to the aging of the individuals involved, with a focus on people in their 50s, 60s, or even […]
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 […]