Family Law

Effective communication can help a parenting plan run smoothly

By Tony Poland, LegalMatters Staff • The ability to communicate effectively with your former partner is an important element to making a parenting agreement work, says Toronto family lawyer A. Julia P. Tremain. “Coparenting can be challenging. Finding the best way to communicate is essential to ensuring the parenting arrangement runs smoothly,” says Tremain, a partner […]

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There is no moral equivalency between Israel and Hamas

Canadians were shocked when thousands of armed Hamas fighters breached a border security fence and indiscriminately slaughtered at least 1,400 innocents while raping women, beheading babies and taking more than 200 people of all ages and nationalities as hostages. Yet when some politicians, university deans or leaders of professional associations were asked to denounce Hamas

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Why the Gaza war matters to the legal profession and law schools

In mid-October, 74 students from the Lincoln Alexander School of Law (LASL) issued a statement offering “unequivocal support” for Palestinians and “all forms of Palestinian resistance.”  The letter alleged that Israel is not a country but is instead “the brand of a settler colony” and accused the Jewish State of “ethnic cleansing,” “war crimes” and

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Verbal abuse does not help when discussing a parenting plan

By LegalMatters Staff • Separated or divorced parents in the midst of preparing a parenting plan should put aside any anger or resentment they feel toward their ex-partner,  “Letting your emotions take control could lead you to verbally abuse the other parent, which could have serious consequences,” says Edmonton family lawyer Jaskiran Bajwa. “If your

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Taking time to make a parenting agreement is worth the effort

By Tony Poland, LegalMatters Staff • A carefully crafted and detailed parenting agreement may not only help avoid frustration and conflict but can save unnecessary court costs, says Toronto family lawyer A. Julia P. Tremain. Tremain, a partner with Waddell Phillips Professional Corporation, says taking the time to consider all contingencies when putting a plan in place

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Make your children your first priority during a divorce

By LegalMatters Staff • Children caught up in a divorce may feel confused and helpless. As the Canadian Paediatric Society states, “children experience feelings of loss when one parent leaves the family.” In high-conflict divorces, they may feel relief that the tension between their parents has subsided. But even with amicable divorces, parental separation may

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Paternity tests could trigger child support obligations

By LegalMatters Staff • The best way to determine parentage is through DNA testing. As the Alberta Court of Appeal has noted, “DNA testing is a method of proof of parentage inextricably linked to the declaration of parentage. It is, in fact, the best evidence which operates in aid of the primary purpose … which

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Careful planning leads to successful overnight parenting time

By LegalMatters Staff • People granted overnight parenting time after a separation or divorce want to make the most of their time with their children. That starts with careful planning, says Edmonton family lawyer Peter Ewanchuk. “Before the children arrive, think about sleeping arrangements,” he says. “Separate bedrooms are ideal but younger siblings can share

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After a divorce, it can be difficult to balance work and parenting

By LegalMatters Staff • The parenting plan you and your ex reach after a divorce or separation will set out your rights and responsibilities. But a complicating factor can be your job, since meeting the obligations of your workplace may interfere with the time you spend at home. It is often difficult to strike the

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Appeal court finds new tort of family violence is unnecessary

By Tony Poland, LegalMatters Staff • The Ontario Court of Appeal (ONCA) reached the right conclusion in rejecting the creation of a new tort of family violence, says Toronto family lawyer A. Julia P. Tremain. In Ahluwalia v. Ahluwalia, the court struck down a landmark Superior Court decision that created the tort. “The OCNA did a thorough examination of

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