Family Law

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 […]

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

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

Appeal court finds new tort of family violence is unnecessary Read More »

Parenting arrangements must put the best interests of the child first

By LegalMatters Staff • When a marriage breaks down and the parents cannot reach an agreement on parenting arrangements, the dispute will be settled either through mediation or by a family court judge. Under the law, all parents have moral and legal obligations relating to their children. Unless the court or the parents have decided

Parenting arrangements must put the best interests of the child first Read More »

Proving abuse or addiction in a marriage ‘not a simple process’

By LegalMatters Staff • Canada’s no-fault divorce system allows you to receive a divorce if you can prove your spouse has been physically or mentally cruel to you. Cruelty and abuse can stem from addiction. Alcoholism is the most common dependence but people can also be addicted to cannabis, hard drugs or prescription drugs such

Proving abuse or addiction in a marriage ‘not a simple process’ Read More »

What you need to know about common-law relationships

By LegalMatters Staff • Couples entering a common-law relationship need to understand there are significant legal responsibilities that come with that partnership.  Many are similar to those that govern a legal marriage, though there are differences. In Alberta, the legal term for such a partnership is “adult interdependent relationship” (AIR). Edmonton family lawyer Peter Ewanchuk

What you need to know about common-law relationships Read More »

Step-parents may be responsible for child support in a divorce

By Tony Poland, LegalMatters Staff • If you marry someone with children from another relationship are you responsible for child support if you get divorced? You might be, says Toronto family lawyer A. Julia P. Tremain.  Tremain, a partner with Waddell Phillips Professional Corporation, says there are instances when a person may be required to pay support

Step-parents may be responsible for child support in a divorce Read More »

Think twice before sending your ex a text in a child custody case

By LegalMatters Staff • Texting is one of our primary and preferred methods of communication but like everything else, there is a time and a place for it. While the speed and convenience of a text is one of its biggest advantages, it can also present problems if you send messages when you are angry

Think twice before sending your ex a text in a child custody case Read More »

Vacation planning advice for divorced/separated parents

By LegalMatters Staff • Separated and divorced parents want to enjoy a summer vacation with their children but problems can arise if they do not communicate effectively about their holiday plans. In most cases, the parenting schedule they have agreed to will include language defining each parent’s right to vacation with their children, such as

Vacation planning advice for divorced/separated parents Read More »

Avoid mistakes that can make a divorce even more stressful

By LegalMatters Staff • If you are going through a divorce you can expect many stressful situations. You must reach a separation agreement with your ex-partner, spelling out the division of assets and agree on a parenting schedule if you have children Templates for these agreements can be found online but if you do not

Avoid mistakes that can make a divorce even more stressful Read More »

‘No one wins when it comes to parental alienation’

By Tony Poland, LegalMatters Staff • Parental alienation not only hurts the targeted parent but can have a lasting effect on children, which is why it is important to keep family relationships civil, says Toronto family lawyer A. Julia P. Tremain.  “No one wins when it comes to parental alienation,” says Tremain, a partner with Waddell Phillips

‘No one wins when it comes to parental alienation’ Read More »