Law360: AI Deepfakes, Text Messages, and Secret Recordings: The Growing Role of Digital Evidence in Ontario Family Law Disputes
By: Lorne J. Fine, B.A.. LL.B., Q. Arb. Fine & Associates Professional Corporation Digital communications are everywhere: Text messages, emails, social media posts, and recorded conversations. They are an entrenched part of modern daily life. They are also routinely introduced in Canadian courtrooms, especially in Family Law disputes including parenting time and support. But their...
Law360: The Best-Interests Analysis in Education Disputes
By: Lorne J. Fine, B.A., LL.B., Q. Arb. Fine & Associates Professional Corporation Where a child goes to school is an all-or-nothing decision. Because there is no middle ground, any misalignment between separated parents can easily become a dispute that requires judicial resolution. For the Family lawyers who represent these parents, their dispute can carry added importance: The issue...
Can I Move with My Child After Separation?
It’s one of the questions I hear most often from separated parents: “I want to move…. Can I take my child with me?” The honest answer is: It depends. And the rules are more nuanced than most people expect. In Ontario, the relocation of a child after the parents separate is governed primarily by the federal Divorce Act, which was significantly amended in 2021 to deal specifically...
Relocation and Family Law: What Happens When a Parent Wants to Move with Their Child?
Introduction Few issues in family law can be as emotionally charged and impactful as relocation. If you are a separated or divorce parent, and you need or want to move with your child to a new location, it can deeply affect everyone involved – especially the child him or herself. Regardless of whether it’s due to career advancement, family needs, or personal safety, the need to relocate can...
Can Spousal Support Be Changed After Separation?
If you’ve been divorced for a while and are either paying or receiving spousal support, then you’ll know that the determination as to the amount was the result of a complex process. The primary factor was your and your Ex’s financial circumstances at the time of your separation. But as you will also know, those circumstances may have changed in the years that followed. You or your Ex may...
In an Ontario Divorce, Who Gets the House?
For many separating couples, the family home is both their largest asset, and also the property to which they are most emotionally attached. Not surprisingly, at our firm one of the first questions we get from our newly-separated clients is: “Who gets to keep the house?” In Ontario, there is no automatic rule that the husband gets the house, the wife gets the house, the parent with the...
What Happens at a Case Conference in Ontario Family Law?
If you’re going through a separation or divorce, your first real appearance before a family court judge will often be a Case Conference. It’s not a trial: There are no witnesses, and the judge isn’t there to make findings of fact. Instead, a Case Conference is meant to identify the issues, encourage settlement, confirm that information has been exchanged, and set out what...
Protecting Children in Domestic Violence Cases
When domestic violence (often called Intimate Partner Violence (IPV) or just “family violence”) occurs within a family, the protection of the abused partner is naturally a key concern. But when there are children in the mix, the impact can be profound – even when the children have not been physically assaulted themselves. Canadian Family Law increasingly recognizes this reality. As we have...
In Ontario, Can You Date Someone New, While Separated?
For many couples, separation only marks the “beginning of the end” of their marriage. The divorce itself may still be months (or sometimes years) away. But many people are emotionally ready to move on much sooner. This in turn raises a common question: Is it okay to start dating before the divorce is final? In Ontario, the short answer is generally: Yes. There is no rule requiring...