Canadian Bar Association

Protecting children's rights: It starts with knowing what they are

October 12, 2014
Donna Martinson, Q.C., Christian Whalen, and Caterina Tempesta

Children have broad legal rights that are often unknown or ignored by legal and other professionals who attempt to do what they, as adults, believe is in a child’s best interests. Lack of education and training about children’s rights in law schools, continuing legal education and judicial programs is just one of the problems.

Shared parenting is the new norm: Legal professionals agree on the need for reform

October 02, 2014
Rachel Birnbaum, John-Paul Boyd, Nicholas Bala, and Lorne Bertrand

Joint custody or shared parenting is the most common form of post-separation agreement, according to results of a recent survey of Canadian family lawyers and judges. The survey shows strong professional support for reforming the parenting concepts in the Divorce Act, but clear opposition to a presumption of equal parenting.

Claiming the eligible dependent credit in equal shared parenting arrangements

April 09, 2014
Melanie Del Rizzo

Several recent tax court cases have dealt with the question of who gets to claim children as dependents for income tax purposes when parents have equal custody and one pays the other an “off-set” amount for support payments…

Comment on R.M. v. J.S.: Alberta Court of Appeal on the Hague Convention and evidence of children’s objections

April 09, 2014
Nicholas Bala & Max Blitt

When is it proper for a judge to take a child’s objections to being returned to one parent or another into consideration? Nicholas Bala, a professor at the Faculty of Law at Queen’s University, and Max Blitt Q.C., explore the question…

Lawyers as leaders: legal professionalism and access to justice for children

April 08, 2014
Donna Martinson, Q.C., and Dr. Nancy Bell

Recent reports have underlined the abysmal state of access to justice in Canada – and that goes double for children. The National Action Committee’s Family Law Working Group states that children are usually “unrepresented non-parties”...

The Family Homes on Reserves and Matrimonial Interests or Rights Act

April 08, 2014
Alexis MacIsaac

Alexis MacIsaac, a policy analyst with Aboriginal Affairs and Northern Development Canada, takes us through some of the details of the Family Homes on Reserves and Matrimonial Interests or Rights Act, enacted in 2013…

A call for legislative change regarding parental relocation

April 08, 2014
Lawrence Pinsky

When it comes to deciding what will happen when a parent wants to relocate, many might wish their judge had the wisdom of Solomon.

Enforcing orders for access: The views of the family law bars of Alberta, Nova Scotia and Ontario

October 16, 2013
John-Paul Boyd

Orders for access are maddeningly difficult, and often impossible, to enforce, writes John-Paul Boyd, executive director of the Canadian Research Institute for Law and the Family…

Department of Justice Canada releases Making Plans and the Parenting Plan Tool

October 09, 2013
Claire Farid

The Family, Children & Youth Section of the Department of Justice Canada has produced two new public legal education and information documents for parents: Making Plans and the Parenting Plan Tool.

Passports for children under 16 years of age

October 01, 2012
Diana Andai and Estelle Marion

Travelling with children and marital break-ups are both difficult – combine the two and there can be a legal minefield to cross before you start packing your bags. Diana Andai and Estelle Marion, legal counsel with the Department of Justice, talk about the importance of separation agreements and court orders, and review the steps you must take when applying for passports for children under 16.

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