Category: Case law

Recent case: Hague Convention

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M.H.S. v S.M.G.T. 2015 CarswellBC 2351 In this case, the father of twins wrongfully removed them from Mexico to British Columbia. One twin has autism. When the mother brought an application under the Hague Convention for the return of the

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Case law: Child protection and Crown wardship of a very young child

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Children’s Aid Society of Hamilton v K.R. (Mother) 2014CarswellOnt 14930: The one-year-old child at the centre of this case had been in the care of the CAS because the mother was not able to care for her. The mother had

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What are the rights of grandparents who want access to their grandchildren?

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Bill 34, Children’s Law Reform Amendment Act (Relationship with Grandparents), received Royal Assent and came into effect in December 2016. This legislation makes changes to the CLRA provisions with respect to the rights of grandparents to custody and/or access of

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Case law and enforcing a mahr

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We have updated our article on working with a woman who has signed a mahr with her husband. Mahr (also spelled maher, mohr and mehr) is a form of marriage agreement in which the husband promises to pay his wife

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Case law: Child support variation requires material change in circumstances

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In the case of, Boudreau v Boudreau 2014 Carswell Sask 665, Mr. and Mrs. Boudreau were married in Nova Scotia and lived there until they separated. They had one child together, and the wife’s child from a previous relationship also

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Case law: The costs of unwillingness to settle

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In Jackson v Mayerle (2016 ONSC 1556), Justice Pazaratz has written another colourful decision, this time in a case where the mother refused to accept a number of offers to settle presented by the father and, after a 36-day trial

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Case law: “Marriage-like” relationships, spousal support and the division of assets

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Kneller v Greenwood 2015 BCSC 1410, a British Columbia case, explores what elements must be present for a relationship to be considered “marriage-like” for the purposes of division of family assets and spousal support. While there are differences between the

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Case law: Consequences for ongoing lack of disclosure

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In Manchanda v Thethi 2016 ONSC 3776, Justice Myers begins his decision in this case about financial disclosure by asking: “When is enough, enough?” It is easy to see why he posed this question, as there had been more than

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Case law: Financial bullying as family violence

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Hokhold v Gerbrandt 2015 BCCA 268 is a British Columbia case, so it is not binding on Ontario cases. As well the B.C. Family Law Act contains a number of provisions that are different from those in Ontario’s legislation. Nonetheless,

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Case law: Encouraging children to have access time with the other parent

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Godard v Godard 2015 ONCA 568 tackles the question of how hard a custodial parent is expected to work to encourage a child to have access with the other parent. Here, there were two children, one living with each parent.

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