Welcome, Jenna Preston!

Blog Post
December 22, 2017
Read Time: < 1 minute

The Family Law Practice Group at Nelligan O’Brien Payne LLP is pleased to announce new member of the team, associate lawyer Jenna Preston.

Marta Siemiarczuk’s Article Series in the Law Times

Blog Post
December 6, 2017
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Outside of her family law practice, Marta Siemiarczuk has also been busy this year writing a series of articles for legal newspaper Law Times. Looking at cases from the Ontario Court of Appeal, Marta explored everything from retirement to marriage contracts.

International child abduction: When custody disputes go beyond Canadian borders

Blog Post
October 12, 2017
Read Time: 3 minutes

In this era of international travel, important questions arise for families with children. Namely, what do you do if your former spouse travels internationally with your children, and decides to throw away the return tickets? Statistics show that the idea of “stranger danger” has been overstated in the media, and that children are far more likely to be abducted by one of their parents.

Can the Sale of the Family Home Impact the Best Interests of the Children?

Blog Post
October 11, 2017
Read Time: 3 minutes

A house becomes more than just four walls and a roof when you put a family in it. It becomes a home; a place where family members – especially children – can feel safe and supported. However, the family home often becomes an issue after a separation. Who gets to live there? Should it be sold so that everyone can move on?

Co-Mommas: A Historic Declaration of Parentage

Blog Post
February 23, 2017
Read Time: 2 minutes

What happens when two people who are not in a romantic relationship want to raise a child together? Does the law recognize these kinds of parents? In a Canadian first, our very own Marta Siemiarczuk assisted Natasha Bakht and Lynda Collins in asking the court to declare them as co-mothers of Natasha’s son, Elaan.

Stepping Through Family Law Procedure

Blog Post
November 17, 2016
Read Time: 3 minutes

Do you have a hard time keeping track of all the procedural steps in Family Court? The truth is family law procedure (and really, all court procedure) is complicated. As a result, this post is not meant to be a comprehensive overview of all steps in the family court process. It is meant to give readers a cursory outline of the initial steps in the process when two people need the court’s help to determine the terms of their separation, including things like property division and custody issues.

How Do I Know When I’ve Separated From My Spouse?

Blog Post
October 19, 2016
Read Time: 2 minutes

You may think it should be obvious and people should know when they have separated. However, relationships are complicated, and the timing of when they are formally over can actually be very difficult to pin down. In family law, especially for married spouses who will be equalizing their property, it’s important to have a fixed date, which becomes the date of separation. It has to be one specific day, not the month or year.