Author: Pamela Cross

Case law: Sealing a family court order

flower handed by a child to a woman

G.M. v R.M. 2015 CarswellOnt 9375: We have provided a summary of the substance of this case earlier. It dealt with custody and access issues relating to a child who identified as gender fluid/transgender, and each parent wished to deal with

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Case law: Child’s gender identity

flower handed by a child to a woman

Halton Children’s Aid Society v G.K. 2015 ONCJ 307 Although the issue at the centre of this case is the gender identity of a child, the case is surrounded by the presence of domestic violence, which does not seem to

Do I qualify for spousal support?

thoughtful young woman

This is the third in a 3-part series on women’s financial rights and responsibilities when a relationship ends. Part 1 looked at property division and Part 2 covered determining the date of separation. Whether you are married or living common-law

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How do I determine the date we separated?

mom consoling toddler girl

This is the second in a 3-part series on women’s financial rights and responsibilities when a relationship ends. Part 1 looks at property division and Part 3 discusses spousal support. Determining the date of separation is not always easy. Some

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What are my rights when it comes to property division?

mother holding daughter who looks content

This is the first in a 3-part series on women’s financial rights and responsibilities when a relationship ends. Part 2 looks at determining the date of separation and Part 3 discusses spousal support. Historically, men have tended to manage the

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How can a woman make the court understand the impact on her children of the abuse she has been subjected to?

mom consoling toddler girl

We have explored a number of issues related to this question in other postings (See: The role of VAW in custody and access cases and What’s the best interests of the child test?), but we have not examined specifically the

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Recent case: Rescinding child support arrears

woman holding a little boy

Baxter v Beharry 2015 Carswell Ont 182. This decision, written by Justice Sherr of the Ontario Court of Justice, reviews the issue of when child support arrears should and should not be rescinded. The father had evaded his child support

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How can I accurately assess risks my client is facing from her former partner?

thoughtful young woman

Your role as a woman’s advocate will require you to engage in safety planning with the women you support. Safety planning is, in some ways, the other side of risk assessment: the more information you have about the women’s risk,

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What should I do if a woman tells me she plans to violate the custody order because she has serious concerns for the safety of the child?

mom consoling toddler girl

When facing legal and ethical challenges, there are a variety of strategies that will help service providers manage the situation. Here are some other situations that could raise similar legal and ethical challenges: A client or former client calls to

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Recent case: Parental alienation

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L.(N.) v M. (R.R.) 2016 ONSC 809: In this case, the police refused to enforce a court order to deliver a child, now over the age of 16, to his father, when the child was refusing to have contact with

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