Search by Category
- F - Bankruptcy 1
- F - Certificates of Pending Litigation 1
- F - Child Support 31
- F - Common Law 3
- F - Corporate Income 2
- F - Divorce 7
- F - Domestic Contract 7
- F - Domestic Violence 3
- F - Emergency Relief 1
- F - Equalization 4
- F - Equitable Remedy 1
- F - Exclusive Possession 2
- F - Family Responsibility Office 2
- F - Final Order 1
- F - Imputing Income 11
- F - Jurisdiction 1
- F - Limitation Periods 1
- F - Matrimonial Home 17
- F - Net Family Property 31
- F - Occupational Rent 4
- F - Pension 2
- F - Preservation 1
- F - Property 47
- F - Restraining 1
- F - Resulting Trust 3
- F - Retroactive Support 5
- F - Section 7 Expenses 7
- F - Spousal Support 27
- F - Standard Procedure 1
- F - Trust 1
- F-Certificate of Pending Litigation 1
- F-Decision-Making 6
- F-Exclusions 2
- F-Mobility 11
- F-OCL 1
- F-Parenting 37
- F-Parenting Time 11
- F-Preservation Orders 2
- F-Relocation 12
- F-Travel 2
- F-unjust enrichment 7
- Frequently Cited Cases 14
- Post-Separation Increases 1
Parenting Time: Types and Legal Perspectives
Parenting time refers to the schedule by which children live with their parents. This schedule is not dictated by a specific formula but is established based on each child's best interest. It evolves over time as the child's needs, interests, and desires change. In addition to the residential schedule, parenting time also encompasses the right to request and receive information about a child's health, education, and welfare.
Temporary Decision-Making in Parent-Child Arrangements
When parents separate or divorce, the primary concern is often the welfare and best interests of their children. One of the critical aspects to consider is the decision-making authority and parenting time for each parent. In instances where these matters cannot be immediately resolved, the court may issue a temporary decision-making order.
Parental Relocation After Divorce
Navigating the legal landscape following a divorce can be a complex and at times, overwhelming journey. One of the most contentious issues that can arise during this period is the idea of parental relocation. When one parent wants to move, particularly when that move may impact parenting arrangements, it often results in conflict and contention.
Understanding Decision-Making in Parenting
When parents are not living together, they face unique challenges, one of which includes making pivotal decisions about their children's lives. These decisions often encompass where the child will live, how much time will each parent spend with the child, and how decisions about the child’s welfare and upbringing will be made. This blog post aims to provide a comprehensive understanding of the critical aspects of decision-making in parenting, the various types of decision-making orders, their implications, and how the law interprets them.
Decision-Making and Parenting time: Balancing Best Interests and Continuity
When it comes to determining a child’s living situation, the child's best interest is paramount. The court often has to balance the child's relationship with both parents, the extended family, and the community against the benefit of maintaining continuity in the child's life. This blog post will explore three critical factors that courts weigh in this decision-making process.
The Gordon v. Goertz Case
The Supreme Court, in the Gordon v. Goertz case, articulated a series of steps to be adhered to in mobility cases. The process commences with the parent proposing the move demonstrating a substantial change in circumstances affecting the child. Once this change is established, a renewed examination of what is in the child's best interests ensues. This assessment takes into account all relevant facets of the child's needs and the capacity of the parents to fulfill them. The crux of this analysis is the child's best interests, not the rights or interests of the parents. The existing custody and access arrangements, the child's views, potential disturbances as a result of a change in custody or relocation, and the custodial parent's reasons for moving all play a crucial role in this evaluation.
Mobility Rights in Parenting Cases
Mobility rights, also known as relocation rights, form a significant part of family law. Often, these rights become a point of contention when the primary parent decides to relocate with the children. Such a move can significantly impact the other parent's access to and participation in the children's lives. It's worth noting that any discussion or legal action concerning mobility rights should always prioritize the child's interests over the rights of either parent.
Relocation in Parenting Cases
Relocating in parenting cases can be a complex issue, often requiring a nuanced understanding of the law and its implications. It's essential to establish that any relocation is in the child's best interests. This requirement holds true for both an initial parenting application involving a proposed change to the child's habitual residence and a motion to change an existing parenting order. However, each case is unique and highly dependent on its individual facts.
Temporary Relocation in Parenting Cases
One of the most significant and often complex questions that arise in these cases is the issue of temporary relocation. Usually, this scenario occurs when a parent wishes to move temporarily, often due to an employment opportunity or an educational course in a different location.
The nature of this temporary move, its implications for the child or children involved, and the legal aspects surrounding it can make it a complicated issue to navigate. This post aims to delve deeper into the subject, shedding light on the legal aspects of temporary relocation in parenting cases.
Child Relocation Cases in Family Law
Relocation cases are amongst the most complex and emotional issues tackled in family law. When a custodial parent decides to move and wishes to take their child with them, it can result in a legal dilemma, often requiring a rapid resolution. Let's delve into this topic by exploring the motive for the move, the legal considerations during the interim stage, and the necessity of expedited hearings.
Relocating with Children
Relocating to a new area can be a daunting endeavor, particularly when it involves children. It is imperative to ensure that the transition is as smooth as possible for the child, considering every aspect of their life in the new location. This blog post aims to discuss three primary considerations for parents planning to relocate with their children, namely, education, childcare and medical care.
Opposing Relocation
In cases of divorce or separation, child relocation can be a contentious issue. Parents may have differing views on the best course of action for the child, with one parent potentially wishing to relocate with the child. The disagreement may stem from concerns about the child's emotional stability, academic continuity, or the ability to maintain a strong relationship with both parents.
Representing a Parent Seeking to Relocate with a Child
Going through a relocation process as a parent with a child can be a complex and challenging situation. It becomes even more complicated when parenting agreements come into play. This blog post aims to guide counsel or legal representatives on how to best handle these situations and represent a parent seeking to relocate with a child.
Child Relocation: Balancing Best Interests and New Opportunities
Relocating with a child can be a complex process, especially when it involves redefining care plans and making major life changes. In such situations, it is vital to ensure that the child's best interests are at the heart of all decisions. This blog post will delve into the intricacies of child relocation, focusing on three key aspects: the thorough assessment of the new living situation, the pivotal role of various evidence sources, and the crucial importance of the child's views and preferences.
Parental Consent for Child Travel in Canada
The legal requirements for parental consent for child travel in Canada are closely tied to the best interests of the child. In situations where one parent refuses to provide consent for the other parent to travel outside of Canada with the children, the traveling parent may need to obtain a court order permitting the travel and dispensing with the other parent's consent. This court order can either cater to a specific trip or cover all future trips. However, obtaining a "blanket" order for all future travel requires a proper evidentiary foundation and can be more challenging to secure.
The Importance of a Travel Consent for Minors in Canada
When a child travels outside of Canada without the company of both parents or guardians, border officials may need proof that the child has permission to travel. This permission, known as a "travel consent", "consent letter", or "consent to travel", plays a crucial role in facilitating the smooth travel of Canadian children. Although not a legal requirement, having a travel consent can significantly simplify the travel process. This comprehensive guide aims to provide a deeper understanding of when a travel consent is necessary, the essential information to include in the consent, and the procedure to obtain it.
Parenting Orders and Agreements
In the realm of family law and more specifically parenting, the necessity for clear, specific and legally binding agreements cannot be overstated. These agreements serve an essential function in ensuring the best interests of the children involved. Furthermore, they play a pivotal role in averting potential complications and conflicts between parents. A prime example of such a situation is the unauthorized removal or retention of the child outside of their habitual residence, a circumstance often referred to as parental abduction
- activity
- Adult
- Arbritration
- Assignment of Support
- Certificate of Pending Litigation
- Child Support
- Child Support Guidelines
- child support guidelines
- Co-Parenting
- Common Law Spouses
- Compensatory
- Constructive Trust
- Consumer Price Index
- Contractual
- contractual
- Court Orders
- Decision-Making
- decision-making
- denial
- Disposition Costs
- DIvorce
- Divorce Act
- Domestic Contract
- Domestic Violence
- Duration
- Emergency Relief
- Employment
- entitlement
- Equalization
- equitable remedy
- Estate
- Exclusions
- Exclusive Possession
- Extraordinary Expenses
- Family Law Act
- Family Responsibility Office
- Financial Disclosure
- Fixed Parenting Time
- Frequently Cited Cases
- FRO
- Gifts
- Health
- imputed Income
- Imputed Inocome
- Income
- intentional Under-Employment
- Joint Tenancy
- jurisdiction
- Life Insurance
- Limitation Period
- Lump Sum Payment
- Matrimonial Home
- MaximumConact
- Mediation
- Mobility
- monetary awards
- Motive
- Net Family Property Statement
- Non-compensatory
- Occupational Rent
- OptIN/OptOUT
- parental
- Parenting
- Parenting Time
- ParentingPlan
- payment
- Pension
- Pleadings
- post Secondary Education
- Post Separation Increases
- pre-tax corporate income
- Preservation
- Property
- property claims
- Property Division
- Real Estate
- Real Property
- Refusal of Parenting Time
- Relocation
- Restraining Order
- Resulting Trust
- Retroactive
- Retroactive Child Support
- Section 7 Expenses
- Section 8 of the CSG
- Section18
- Security
- Security for Support
- Sole Decision-Making
- Spousal Support
- Spousal Support Advisory Guidelines
- Suspensions
- Temporary
- termination
- Travel Consent
- Unjust Enrichment
- Urgent Care
- Valuations
- variation
- Views and Preferences