The ‘matrimonial home’ is a very special creature, and legal issues in relation to it can have a very large impact on a spouse’s financial situation in the context of a separation. A house is only considered a ‘matrimonial home’ if the spouses living in it are married, and not in a common law relationship. If you are thinking about getting married and already own a home, you should consider getting some advice from a lawyer to find out if you should take steps to protect the value of your home in the event of a separation or divorce.
Today’s decision by the Supreme Court of Canada in R. v. Hutchinson considered whether Mr. Hutchinson was guilty of aggravated sexual assault because he poked holes in condoms in order to get his girlfriend pregnant. We here at The Family Connection would like to note that apart from the criminal ramifications to this act, there are also serious family law consequences.
On December 6, 2013, a Private Member’s Bill (Bill C-560) was introduced that, if passed, would create a presumption that shared custody and equal parenting time is in the best interest of the child when making orders for custody and access under the Divorce Act. If successful, the proposed legislative change would put the onus on divorcing parents to prove why equal parenting time is not in a child’s best interests. Private Member’s Bills, though important, rarely become law. Nevertheless, the Bill is generating an interesting discussion.
How soon is too soon to re-litigate your custody order? Our circumstances change, especially when kids are involved, as their needs, interests and maturity are always changing. However, final custody orders are not meant to change. What happens if you think your order no longer reflects reality? The only way a custody and access order can be varied by a court of law is if the party bringing the challenge is able to establish something called ‘a material change in circumstances’.
The Ottawa Fertility Centre (OFC) will be hosting a Legal Information session for the LGBTTQ+ community members and families on Tuesday January 28, 2014. Our lawyer, Erin Lepine will be speaking at the session on legal issues related to fertility.
Registration for Kindergarten begins at the end of January. For some of us, especially those who co-parent a child, this can lead to lots of questions, which you may not have previously discussed or agreed on. Resolving these issues with your co-parent is almost always a challenging endeavour and compromises will likely have to be made on both sides. It’s better to make those compromises earlier rather than later, once the costs and emotions have escalated.
It’s January, and a great time to make your resolutions for the coming year. Why not consider making some important family law resolutions while you’re at it? We’ve provided our top 5 list to get you started!
The holidays are a time for family and friends, and this year, Law Cat took a break from her files to celebrate in style with friends.
Winter break can be a contentious time for separated parents sharing custody of children, especially young children. Every parent wants to share in the excitement and joy of the holidays with their child. There is no preferred access schedule that separated parents follow when it comes to the holidays. Largely, the schedule depends on where the parents live, what their traditions are (if any) over the holidays, and what is in the best interest of the children.
In Ontario, grandparents do not have a presumptive entitlement to custody and/or access to their grandchildren. This means that if their child separates from his or her spouse, dies, or the grandparent becomes alienated from their child for other reason, there is no presumptive right that the grandparent can have contact with their grandchild. However, the Children’s Law Reform Act (‘CLRA’) provides that any person may apply to the court for an order for custody and/or access to a child.