Spousal Support After Equalization Payment
If a spouse receives a large equalization payment is she still entitled to spousal support? You informed me that your client is a stock trader who left his employment during the marriage to manage his own stocks. The value of his stocks exceeds $10 million. The stocks are the sole source of his income, by way of dividends and such. Your client splits income with his wife. Their combined income...
Court Orders Without Prejudice
What is the meaning of a “temporary without prejudice” Order? Temporary order An interim order (“temporary” order in the language of the Family Law Rules) was described by Zuber J.A. in Sypher v. Sypher, 1986 CarswellOnt 282, O.J. No. 536, 2 R.F.L. (3d) 413, dismissing an appeal from an interim spousal support order: At the outset, it is appropriate to observe that interim orders are intended...Removing an Arbitrator During an Arbitration
I believe that I am not being treated fairly by an Arbitrator. Can I get him/her removed? Relevant Statutes Under Arbitration Act, S.O. 1991 s.6 No court shall intervene in matters governed by this Act, except for the following purposes, in accordance with this Act: To assist the conducting of arbitrations. To ensure that arbitrations are conducted in accordance with arbitration...Overnight Access For Toddlers
How do you determine overnight access for a non-custodial parent to a minor or a baby? In Sheppard v. Sheppard, the Newfoundland court considered an application for overnight access for a breastfeeding young child. The Court noted the following governing considerations at paragraphs 10-11: My duty at this juncture is to determine what is in the best interests of the child. In making this...Promissory Note – Is it an interest in Property?
Does a monetary deposit with a promise to transfer a property in the future, confirmed by a Promissory Note, constitute an interest in the property under the Family Law Act? This is indeed an unusual situation in that there are a number of ways that the issue can be approached. Frankly, I do not see any way that the wife can claim the husband has an interest in the property. There is no...
As a Father, What Are My Child Custody Rights?
Divorcing fathers always wonder whether they will be able to keep up a good relationship with their children going forward. While it’s still rare for a father to gain sole custody of his children unless the mother is proven unfit, the courts have come to see the importance of both parents’ presence in their children’s lives. That means that as a dad, you definitely do have the right to see...
5 Simple Steps to Make Sure Child Custody After Divorce Doesn’t Get Ugly
Your marriage isn’t working anymore, and you’ve finally worked up the courage to do something about it. You’d like nothing better than to punish your ex for breaking your heart, wasting your time and turning your life upside down. But overwhelming research suggests that children who are used as pawns during separation and divorce can suffer long-lasting emotional, psychological and...
Divorce Without a Lawyer: How Things Can Go Very, Very Wrong
You’re standing in front of a judge, a sheaf of papers in your hand. At the table behind you is your soon-to-be-ex and her family lawyer. You open your mouth to speak. What could possibly go wrong? According to Jennifer Brandt, family lawyer with the firm of Cozen O’Connor, just about anything. The clients she counsels have wisely chosen not to DIY when it comes to divorce, despite the wealth...
Best YouTube Videos to Prepare You for a Child Custody Battle
You knew it was good for showing you how to get wine out of the carpet, but don’t kid yourself: YouTube can also be an unexpected resource when you’re going through a troublesome divorce. The popular video streaming site has innumerable videos to aid you in moving past the trauma, grief and uncertainty of separation. Here we look at a few of the best videos to help you Prepare for a child...