Calculating the 40% Threshold to Trigger s9 Guidelines
Where a shared custody arrangement is in place between two separated/divorced parents (ie. where the access parent has physical custody of the child(ren) for at least 40% of ... Read more
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Practical guidance from our Ontario family law lawyers — on divorce, decision-making responsibility, parenting time, support, and property equalization. Written for the people living through it, not the profession observing it.
Where a shared custody arrangement is in place between two separated/divorced parents (ie. where the access parent has physical custody of the child(ren) for at least 40% of ... Read more
This decision is an appeal from the Order of Justice Snowie, which mandated that the Respondent had no legal obligation to pay retroactive child support, and instead, ordered ... Read more
The appellant in this case was the father/father-in-law of the couple who was separating. The appellant was appealing a decision of Justice Borkovich, who on February 6, 2008, ... Read more
Mr. Mitchell (“father”) brought an application under the Hague Convention to have his son returned to Florida from Canada. On February 4, 2009, the judge granted him his ... Read more
Although this case comes from the Manitoba Court of Appeal, its relevance extends all around the country, including Ontario. Mehling deals with the controversial issue of how a court should ... Read more
The parties in this case met at a wedding in August, 2005. By mid-October that same year, the respondent mother found out she was pregnant. The pregnancy was ... Read more
In the case at bar, the husband appealed an Arbitrator’s Order that directed that the parties’ Matrimonial Home be partitioned and sold, and that the proceeds of sale ... Read more
The judge in this case, Justice Pugsley, demonstrated his commitment to uphold the best interests of the children over all other concerns. The parties married in 1996 and ... Read more
The parties in this case were married on October 25, 1986 and subsequently separated in August 1991. There was one child resulting from the marriage, who was born ... Read more
This decision from the Ontario Court of Appeal deals with the issue of life insurance clauses in Separation Agreements. Most often, life insurance provisions are inserted into Separation ... Read more
The parties in this case began cohabiting in 2006, and had one child together shortly thereafter. The parties had a very volatile relationship, and thus, permanently separated in ... Read more
The key issue that needed to be resolved by Justice Ducharme in the case of Cartier v. Cartier, was whether a spouse who receives a gift from a third ... Read more
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