The past year brought new challenges in family law

Toronto family lawyer A. Julia P. Tremain, a partner with Waddell Phillips Professional Corporation, turned her insights to such legal issues as divorce, domestic contracts and the “grey divorce” in the past year.

In January, Tremain advised that while domestic contracts or prenuptial agreements may not be a priority when couples start out, they should be. “It is something that everyone should consider and one of the reasons is that it is helpful for people to actually think about their future.” Even the best relationships benefit from a domestic contract

Divorce can be an extremely difficult time so it is important to avoid common mistakes that add stress to the situation, she stated in February. “Divorces can present many challenges and it is always a good idea to seek guidance. Do not rely solely on advice from friends or family because every situation is different.” Common mistakes can make a divorce even more stressful

New legislation can have positive impact

In March, Tremain examined changes to the Divorce Act noting that while they were a long time coming, the steps taken should have a positive impact, especially when it comes to family violence. There’s ‘plenty to be unpacked’ with revamped Divorce Act

Using Brad Pitt’s much-publicized divorce with Angelina Jolie as an example, she explained in her April post that putting children on the witness stand may not be prudent. Brad and Angelina’s child testified in their divorce; why yours shouldn’t

In May, Tremain said the decision to end a marriage can be difficult, so carefully considering what comes next can make a painful transition a little less stressful. Take the time to make a plan when ending your marriage

While people are generally living longer that doesn’t necessarily result in longer marriages, with some unions ending in what has become known as the “grey divorce,” she noted in June. “Like with any divorce, there is an emotional aspect to it. For some people, it can be a difficult process after a lengthy relationship.” More couples preparing for the challenges of the ‘grey divorce’

SCC provides ‘clear roadmap’ for retroactive child support

In July, Tremain weighed in on a landmark Supreme Court of Canada decision that provided a “clear roadmap” for retroactive child support variations, noting it will help guide lawyers and their clients. SCC child support judgment is ‘a great decision for clarity’

The following month, she examined an unusual family court judgment ordering a Canadian mother to take her daughter to Turkey for a month so the child can visit her Russian father. “It’s a very thorough judgment and the conditions are very detailed,” Tremain said. “The judge made the consequences clear, but if that child was taken to another country, especially one with no extradition treaty with Canada, I am not sure what remedy the mother would have at that point.” Order for parental visit at Turkish resort unusual and concerning

In September, she advised that compromise can be a necessity to reaching a resolution when a parent who has parenting time with a child wants to move away. “I have represented children in mobility cases and I have seen how difficult it can be on those involved.” Child custody issues can present a hurdle when moving to a new city 

A Children’s Aid Society extended care order is among the most emotionally difficult issues heard in family court, Tremain explained in October, saying, “Very often these are extremely sad cases.”‘The stakes are high’ in extended care order cases

In November, she looked at the approval of COVID-19 vaccinations for children aged five to 11, warning it could open up a new legal battleground for divorced or separated parents. COVID-19 vaccinations approved for children. What happens now?

Having a plan for a child’s post-secondary education can help divorced or separated parents avoid misunderstanding and conflict, Tremain advised in December. “When it comes to issues such as your child’s education, it is much better that parents who are separating start thinking about it and talking about it than waiting until the last minute and fighting about it.” Now is a good time to start planning for post-secondary education