2019

The challenge of improving access to efficient and affordable means of resolving disputes between families to foster an equal and just society.

Highlighting some of the major amendments coming into force March 1, 2021.

Since regular operations were suspended in mid-March 2020, the courts have dealt with an explosion of urgent temporary parenting issues. I have already written about some of the takeaways from the parenting case law.

How does the COVID-19 pandemic impact child and spousal support? Well, support is largely based on income but, of course, it depends on the circumstances. COVID-19 reminds us that no one can predict the future. The economy remains in a state of flux. The federal government’s COVID-19 Economic Response Plan continues to adapt its financial support programs. This uncertainty complicates support issues, particularly where trust between ex-partners is low and stress is high.

Two of the key objectives of the amendments to the Divorce Act in Bill C-78 – as outlined in the preamble to the bill – are to establish a non-exhaustive list of criteria with respect to the best interests of the child and to assist the courts in addressing family violence.

“Child of the marriage” means a child of two spouses or former spouses who, at the material time … is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessities of life.

Family law lawyers are routinely approached by clients seeking a retroactive increase in the amount of child support and those defending such claims.

I’ve been preparing views of the child reports for use in family law disputes for more than a decade. The key difference between my views of the child reports and those prepared by mental health professionals is simple: I’m not an expert.

A number of years ago, I was retained to draft the affidavit of a fourteen-year-old girl for use by her father in an application to vary her parenting schedule.

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