Archive for February 2020
Family law, criminal law and immigration issues: Webinar on intersecting legal issues
Many women who leave abusive relationships are dealing with multiple legal issues, each of which has an impact on the other(s). When there is a family law case, a child protection investigation, criminal charges and/or family members’ status in Canada will impact that case. This webinar on intersecting legal issues looks at three common legal…
Read moreBill 161 could jeopardize access to justice for women fleeing abuse
Bill 161, the Smarter and Stronger Justice Act, will amend more than 20 existing pieces of legislation. Of particular concern to advocates for women fleeing abuse are the proposed revisions to the Legal Aid Services Act 1998. While it is certainly the case that this legislation is long overdue for updating, given that it has…
Read moreOne death is one too many: Child custody, access and domestic violence homicides
Twenty-three years ago, three-and-a-half-year-old Luke was killed by his father on his first unsupervised access visit after Luke’s mother had tried to get a family court order for supervised access, because of her concerns for her son’s safety. In the intervening 23 years, far too many children have been killed by their fathers: according to…
Read moreRecent case: Interpreting the access test of the Child, Youth and Family Services Act
Jewish Family and Child Service of Greater Toronto, v. K.B., 2018 ONCJ 650 While this case does not pertain to family violence, in it Justice Sager makes relevant comments on the legislative interpretation of the Child, Youth and Family Services Act‘s (CYFSA) new access test for children placed in extended society care. Her decision provides…
Read moreMoving in or getting married? Why a domestic contract matters
Property division after separation depends on whether the couple was married or living common-law. A domestic contract lets a couple set their own terms in their relationship. A domestic contract is a legal agreement. Domestic contracts include cohabitation agreements, marriage contracts and separation agreements. “Pre-nups” are domestic contracts A cohabitation agreement is an agreement between…
Read moreRecent case: Habitual residence, jurisdiction and custody
Kunuthur v. Govindareddigari, 2018 ONCA 730: The parents married in 2004 and lived in the United States where their son was born as an American citizen. The family moved to Brampton in 2011, when their son was 6 years old, and became permanent residents. In April 2013, the mother took the son to India while…
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