Property rights, especially in the context of marital and common-law relationships, can often be a complex maze of legalities. In Ontario, the statutory scheme for property division between married couples is clearly laid out, while common-law couples often find themselves in a less charted territory. This blog post will delve into the differences in property rights between married and common-law spouses and will explore concepts such as equitable ownership, unjust enrichment, and trust principles.

In the unfortunate event of a marriage breakdown, one of the most complex and often contentious aspects to handle can be the division of property. The Family Law Act, R.S.O. 1990, c. F.3, provides a robust legal framework for this purpose. The process primarily involves calculating the increase in each spouse’s net worth during the marriage, also known as the Net Family Property (NFP), and making an equalization payment. This process, while seemingly simple on the surface, can become intricate due to various factors that we will discuss in this article.

The landscape of child support enforcement can be a challenging one to navigate, especially when one is dealing with the enforcement actions by the Family Responsibility Office (FRO). If you're a support payor and you're looking for options to prevent these enforcement actions, one avenue you can consider is to enter into a payment plan.

The Family Responsibility Office (FRO) is an Ontario provincial agency that plays a critical role in enforcing spousal and child support orders. By ensuring that support recipients receive the payments they're entitled to, the FRO contributes significantly to the stability of families following separation or divorce.

Domestic violence is a pervasive issue that profoundly affects family law cases. Lawyers dealing with such cases must be equipped not only with a deep knowledge of the law but also an understanding of the unique dynamics and challenges surrounding domestic violence. The possible recourses in a domestic violence case are the following:

Mediation and negotiation have long been advocated as the first steps in resolving family law disputes. However, when it comes to cases involving domestic abuse, these traditional approaches may pose significant challenges and risks.

As legal professionals, it's crucial to comprehend the profound impact domestic violence has on every decision made in a family law file. From the first disclosure of abuse by the client, a lawyer's role expands from just legal representation to a key participant in assessing risks, ensuring safety, and navigating the complexities of domestic abuse cases.

Relocation after separation or divorce can be a complex issue when children are involved. It often necessitates a change in existing custody and access agreements, and can lead to legal disputes. This blog post will explore three important aspects of parental relocation: The procedure when there's an existing agreement or order, the procedure when there's no existing agreement, and the procedure following a surreptitious move.

Parenting disputes can be complex and emotionally charged. One of the critical aspects that add to the complexity is the determination of jurisdiction, that is, which court has the authority to make decisions regarding parenting. According to the Children’s Law Reform Act, Ontario courts can assume jurisdiction in specific circumstances.

Relocation after a split is a complex process that requires careful planning and thoughtful consideration of both parents' resources and the child's needs. When handled correctly, it is possible to balance the relocating parent's need to move with the non-relocating parent's right to maintain contact with their child. It is important to remember that every family's situation is unique, and what works for one might not work for another. Always prioritize the child's best interest and seek professional advice when necessary.

In Ontario, parenting time rules are primarily outlined in two statutes: the Children’s Law Reform Act (CLRA) and the federal Divorce Act. Both statutes share similar principles, with some differences such as who can apply for parenting time.

It's important to note that parenting time should not be sought under the Family Law Act, which primarily deals with support, financial, and property-related matters rather than parenting time.

Emergency exceptions refer to situations where the court deems there is an urgency or hardship, or for some other reason in the interests of justice, a case conference is not required. This means that a motion can be brought on an emergency basis, bypassing standard procedures. But what constitutes an 'emergency'?

Emergency relief in a family law context refers to expedited court intervention, often necessary in serious cases where the child's best interests require immediate action. For example, a parent might seek emergency relief if they believe the child is in danger or there are concerns about possible abduction. In such cases, the court has the power to make immediate, temporary decisions related to child custody and visitation to ensure the child's safety and welfare.

Denial of parenting time refers to situations where a parent doesn't allow the other parent to spend time with the child, as previously agreed upon or ordered by the court. It's important to note that neither the Children’s Law Reform Act, R.S.O. 1990, c. C.12 (the “CLRA”), nor the Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, contain any specific provision for denying access.

Suppose a parent believes that it's not in the child's best interests to spend time with the other parent. In that case, they should seek a Decision-Making/parenting time order with a no-parenting-time provision or with a parenting time order in their discretion provision. However, this is rarely granted and only in circumstances where there is clearly no benefit to the child to have parenting time with the other parent.

Parenting Time, often known as visitation, is a crucial aspect of any family law case involving minor children. It essentially determines the amount of time a child gets to spend with each parent following a separation or divorce. However, the process of applying for a Parenting Time Order can be complex and overwhelming

As children approach adolescence, their relationships and interactions with their parents naturally evolve. The transition from childhood to adolescence often involves spending less time with parents and more time with peers. This reality remains unchanged, whether a child’s parents are together or separated.

As a child grows and begins attending daycare or school, the dynamics surrounding parenting time must adapt to this new phase of life. The child's world starts to expand beyond the confines of their parents, and their daily routine and activities significantly increase. This shift has a considerable impact on the available parenting time, making it a topic worth exploring.

Parenting time, also commonly known as visitation, is a vital component of any family law case involving minor children. It can be a complex, sensitive issue, especially when parents are young or inexperienced.

Co-parenting after a separation or divorce can be a complex, challenging process. It requires concerted effort, understanding, and a relentless focus on the children's best interests. This article aims to provide helpful tips and insights into how to navigate this new phase of your life and build a healthy co-parenting relationship.

When parents separate or divorce, decisions regarding their children's welfare become a crucial topic. These decisions primarily revolve around 'decision-making responsibilities' and 'parenting time.' Understanding these terms is important for any parent navigating a separation or divorce process. Let's delve into these concepts and unpack them.