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Opening Closed Doors – When should domestic violence victims sue their abusers?
Mr. Dhaliwal hit his wife with a closed fist and a broom handle and was convicted of criminal assault. In the divorce, Ms. Dhaliwal included a tort claim for assault and battery and asked for damages...
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Opening Closed Doors – The downside of suing your abuser
In the last issue of LawNow I outlined a number of good reasons why you might want to sue the person who is abusing you. However, there are an equal number of good reasons why you might choose to pass...
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To Move or Not to Move – that is the Question
In 2005, Patrick and Serena signed a Separation Agreement that said they would have joint custody of their 4-year old son, Jason (not his real name). Jason would live primarily with Serena and Patrick...
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Considering Custody
I recently received this question: How can I get sole custody of my four-year-old son? I don’t have a relationship with the father, and we were never married. Let’s talk about terminology first, so...
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Relocation Advisory Guidelines – an idea whose time has come?
Law professor Nicholas Bala of Queen’s University in Kingston, Ontario, took a close look at 750 Canadian cases1 where one parent asked for the court’s permission to move a child against the other...
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Words Without Weight – Enforcing Parenting Orders
Two years after they separated, Stacey and Glen Haywood still argued bitterly about parenting arrangements for their three children. Glen accused Stacey of abusing alcohol and wanted sole custody. He...
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Mother May I? Schools and Parenting Disputes
I had the pleasure of attending a lecture by Jim Davies, the general counsel for the Edmonton Public School Board. He gave a group of family law lawyers the educator’s perspective on parenting...
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A Brief Primer on Child Support: Part One
Child support is money paid by a parent toward the living expenses of his or her child. Other people can be required to pay child support, including guardians and stepparents. The duty to pay child...
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A Brief Primer on Child Support: Part Two
This article is the second of a two-part series on the basics of child support. In the first article I talked about who can ask for support and who has to pay it. In this article, I’ll talk about how...
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Protection Orders in Dangerous Circumstances
When trying to deal with family violence, everything can feel overwhelming, especially navigating the legal system. Victims of violence sometimes require a protection order that provides for no...
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How is property divided at the end of a relationship?
The property rights that you have at the end of a relationship depend on what kind of relationship you had in the first place. Are you married? Living together? If you are married, then the property...
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What, Why and Where: Untangling Jurisdiction in Family Law
It can be a real challenge to figure out which court to go to when a family law problem needs to be resolved by a judge. You may need to go to a court where you live, or a court somewhere else. If you...
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Considering Jurisdiction in Interprovincial Custody Applications
Canadians are mobile and it is not uncommon for families to move between provinces. It is also not uncommon for parents to live in different provinces after a separation. So, if they need to go to...
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To Move or Not to Move – that is the Question
In 2005, Patrick and Serena signed a Separation Agreement that said they would have joint custody of their 4-year old son, Jason (not his real name). Jason would live primarily with Serena and Patrick...
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Unilateral Relocations – Don’t Do It!
When a family is in conflict, it can be tempting for one parent to want to get away. This can be especially true in cases where a parent is struggling financially after a separation or, in cases of...
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Financial Disclosure in Family Law Cases, Don’t Hide; It’s Best to Provide!
Navigating the family law system without a lawyer can feel overwhelming, but many successfully find their way. One of the biggest stumbling blocks for self-represented individuals is a resistance to...
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When Children Refuse to Visit: Alienation and Estrangement in Family Law...
Separation is a difficult time for parents, even those who “consciously uncouple” like Gwyneth Paltrow and Chris Martin. The emotional trauma of separation becomes significantly more challenging,...
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Parental Alienation – Part 2
In the previous part of this article, I talked about Richard Gardner’s concept of parental alienation syndrome, some of the controversy Gardner’s theory raised in the mental health community and the...
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Responding to Children’s Refusal to Visit After Separation – Part 3
In the first part of this article, I wrote about the research on children who refuse to visit a parent after separation and how children’s relationship with a parent can sometimes break down for...
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Dealing with Pets after Separation, Part 1: Understanding the Law on Personal...
Family law is about how serious cohabiting relationships start and end, how children are cared for after separation, how the bills are paid after separation, and how the property and debts that...
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