When the parents of a child get divorced, the resulting instability can be difficult for a child to adapt to. To some extent, it is normal for a child to be upset, and you should expect minor behavioural or mood issues in your child. However, it is important to recognize red flags for more serious issues, and to know what you can do to help your child.
That’s why we put together this...
Section 31 of the Family Law Act provides that “every parent has an obligation to provide support for his/her unmarried child who is a minor or is enrolled in a full time program of education…the obligation does not extend to a child who is 16 years of age and older and has withdrawn from parental control”.
Although the Act states that a child must be enrolled in a...
It important to recognize that online information can greatly assist your matter (gathering evidence etc.), but it can also be used against you. You must remember the following **:
1. Although there are privacy settings on social media sites, there are no real secrets on these sites. It is important to limit the information on the site and to increase your privacy settings;
2. Some...
A business is an asset that must be valued in order to determine a party’s net family property. A business will be valued based on the “fair market value” of the business. The buyer and the seller are assumed to be hypothetical and the transaction is assumed to take place under normal conditions. The determination of “fair market value” of a business is...
The Ontario Court of Appeal has recently recognized a new cause of action dealing with invasion of privacy. The tort is called “intrusion upon seclusion”. In order to be successful a claimant must show the following: (more…)
The recent Supreme Court of Canada decision of Schreyer v. Schreyer has confirmed that when it comes to the division of a former Husband and Wife’s property, the relationship between the spouses is only a “debtor-creditor relationship”. (more…)
When a child attends university away from their home, the support obligation will still continue. Although a court may reduce the amount of base support when the child is away at university, the payor will likely pay the full amount of support when the child returns home after the school year. If the child does not return home very often during the school year, there is a stronger argument...
A parent is liable to pay child support for his/her dependent child(ren). As long as the child is enrolled in a full time program of education, and is applying him/herself to his/her studies, the child will be entitled to child support. If the child is unable to attend in a full time program of education due to health issues, the child will still be entitled to support. The nature of the...
Some fathers are quite surprised that they will be liable for child support for a Child eventhough they have no relationship with the Child. The biological father cannot sever his relationship with the child (unless they consent to an adoption of the child by a step-father) and then claim that he/she has no support obligation. However, if the child is an adult (over 18 years of age), it may...
A person can also be liable for child support for his/her dependent child if he/she has assumed the role of a parent for the child. This person is deemed to be in loco parentis to the child (or stands in the place of a parent to the child). In determining whether or a not a person stands in loco parentis to a child, a court will examine various aspects of the child’s relationship with the...