Changes to Canada's Divorce Act that came into effect on March 1, 2021 include major changes to jurisdictional rules. There are several notable changes to Canada’s Divorce Act that came into effect on March 1, 2021. These changes are made through Bill C-78 which received Royal Assent on June 21, … [Read more...]
Relocations with Children: The law before and the law now
New moving rules apply to families going through a divorce or already divorced, including those with existing orders or agreements. The federal government has made some important changes to the Divorce Act. John-Paul Boyd provided an overview of the changes in his November 2019 article “Important … [Read more...]
HAVE YOU HEARD? | Updated Family Law Resources
Families and the Law series Did you know the Divorce Act changed on March 1st? To make sure you have access to the most up-to-date legal information, we've updated and refreshed our Families and the Law series. Plus, we've added a few new resources to round out the series. And, they're available … [Read more...]
You Have Choices! Resolving family law problems outside of court
The only way legal disputes ever seem to get resolved on TV or in the movies is in court. That’s understandable, because the other ways we resolve legal disputes are, well, boring. I don’t think we are ever going to see a prime-time legal drama about people going to mediation. However, the … [Read more...]
Access to Justice in Family Law: A guide to offering limited scope retainers
In Canada, access to the justice system is largely reserved for wealthier individuals and corporations. The poor have limited access through legal aid and poverty law clinics. However, the majority of Canadian citizens fall between those two extremes, unable to pay a lawyer to represent them but … [Read more...]
Retaining a Lawyer
You have asked your friends, looked at websites and finally settled on a lawyer who seems to be a good fit for your case. But before you become a client of that lawyer, you must first retain them. Unfortunately, retaining a lawyer is not always straightforward. The process involves checking whether … [Read more...]
Aftershocks: COVID-19 and the “new normal” for family lawyers
When the world feels like it is off its axis and everything is changing at an unprecedented pace, sometimes it helps to remember what has NOT changed as we grapple with what has. Things that have not changed: Families continue to require compassionate and thorough assistance to get their lives in … [Read more...]
When is Shared Parenting Appropriate?
When the parents of a child separate, they must make decisions about where the child should live on a day-to-day basis. Many parents prefer some form of “shared parenting” which usually means that each parent has day-to-day care of the child at least 40% of the time. However, shared … [Read more...]
What COVID-19 Caselaw Tells Us about Parenting
This column is coming out during the COVID-19 pandemic. Health authorities across Canada, and the world, have issued protocols for limiting the spread of the virus. Many family courts are only hearing “urgent” matters. The court has heard cases during this time that speak to a specific set of … [Read more...]
Do Books Relieve Children’s Pain During Divorce?
Families are no longer as secure as they used to be. The process of divorce and separation can deeply affect children, as can exposure to new types of family structures. Children may feel stressed, frustrated and confused. When parents separate or divorce, children may: have difficulties … [Read more...]