Posts Tagged ‘Divorce Act’
Case comment: domestic contracts
Anderson v Anderson is about the validity of a separation agreement that was made without full financial disclosure and independent legal advice. In their decision, the Supreme Court of Canada had to balance the rights of people to settle their own domestic affairs after separation with the need to protect against unfairness and exploitation. This…
Read morePart two: Relocating with children during divorce or separation
Our Staff Lawyer, Min Jin, and Program Manager, Phebe Quaye, facilitated the second of a two-part webinar series via CLEO Connect on February 15, 2024. This webinar series provided community workers with practical information and resources for supporting client who are seeking to relocate with children or who have received notice of relocation following amendments to the Divorce…
Read morePart one: Relocating with children during divorce or separation
Our Staff Lawyer, Min Jin, and Program Manager, Phebe Quaye, facilitated the first of a two-part webinar series via CLEO Connect on February 8, 2024. This webinar series provided community workers with practical information and resources for supporting client who are seeking to relocate with children or who have received notice of relocation following amendments…
Read moreWritten submission on criminalizing coercive control
Coercive control appeared in the revised Divorce Act as part of the definition of family violence, requiring courts to consider it when making any decisions related to children and parenting. Since then, there have been discussions at the federal level about making coercive control a criminal offence. The House of Commons Standing Committee on Justice and…
Read moreRecent Case: Sale of the matrimonial home
Scanga v. Scanga 2023 ONSC 3592 This decision stems from an appeal in a family law case involving the sale of a matrimonial home. One party sought exclusive possession while the other sought to have the house sold and the proceeds divided. By way of background, the parties married in 1996 and separated in 2019…
Read moreThe challenge of judicial education
The passage of Bill C-233 through third reading in the Senate on April 19th offers hope to survivors of intimate partner violence and their children, while also raising some questions about exactly how it will be implemented. While the Bill has two distinct components – the use of electronic monitoring in intimate partner violence (IPV)…
Read moreRecent case: Relocation in the context of family violence
This case summary of A.J.K. v J.P.B. 2022 MBQB 43 was prepared by Pamela Cross. While this is a Manitoba case and, therefore, not binding on Ontario courts, the decision is interesting because of the extensive exploration of family violence in the context of the mother’s request to move with the children without providing notice…
Read moreThe best interests of the child test
The best interests of the child test is the test that is applied by courts when they make determinations about appropriate parenting arrangements for families after the parents separate (or if the parents have never cohabited). While the wording of the best interests of the child test is slightly different in the Children’s Law Reform…
Read moreAfter She Leaves: Manual & training details
We were delighted to launch our new online training and resource manual for those who support women involved in the family court system. Both the online training and resource manual cover changes to the Divorce Act and Ontario’s Children’s Law Reform Act (CLRA), as well as the evolving situation in the family courts and related…
Read moreRecent case: Abuse of counsel may amount to family violence
In Armstrong v Coupland, Madam Justice Chappel applies a broad and nuanced understanding of the definition of family violence contained in the Children’s Law Reform Act (CLRA). The motion, brought by the father for increased and unsupervised parenting time with the young child (almost three years old), was the most recent in a long series of court appearances…
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