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Friday, March 03, 2017 @ 2:52 PM

Is it time to get the feds out of the corollary relief business? | John-Paul Boyd

The sharing of jurisdiction over support and parenting apart between the federal government and the provincial and territorial governments is difficult enough for lawyers. It’s almost impossible for litigants without counsel, the number of whom continues to grow at an astonishing rate, and it is far from clear that it continues to be necessary or beneficial. ... [read more]

Friday, March 03, 2017 @ 1:21 PM

New Brunswick appeal court clears man accused of sexual interference with child

The Court of Appeal of New Brunswick entered a verdict of acquittal in a case where a man was found guilty of sexual interference against a child. ... [read more]

Thursday, March 02, 2017 @ 7:00 PM

CUSTODY AND ACCESS - Considerations - Best interests of child - Conduct of parents - Willingness to facilitate access with other parent - Expert report or assessment

Appeal by the mother from an order governing parenting arrangements and child support. The parties married in 2006. They were the parents of two girls, ages eight and nine. The parties increasingly spent time apart due to mother’s desire to spend time with her parents. In 2010, the mother claimed the oldest child disclosed inappropriate touching by the father. She advised the father she was terminating the marriage and obtained interim without notice orders of sole custody without access. Complaints were filed with police and social services. The father denied any wrongdoing. He consented to an order limiting his parenting time to supervised access of four hours per week. The access regime remained in place until the trial in 2015. The trial judge determined that generous unsupervised parenting time with the father was consistent with the children’s best interests. The judge cited expert reports, and preferred the evidence of the father and his witnesses to that of the mother. The trial judge found the mother’s credibility was severely impaired. On the issue of support, the trial judge refused retroactive support and ordered ongoing support of $758 based on an imputed income of $50,000, reducible to $558 due to hardship to the father. The mother appealed. ... [read more]

Thursday, March 02, 2017 @ 7:00 PM

Family Law - CHILD SUPPORT - Calculation or attribution of income - Financial disclosure - Practice and procedure - Orders - Variation or amendment of orders - Bars to application - Appeals

Appeal by the father from a chambers judgment refusing reduction of child support. Five months prior to the hearing that resulted in the judgment under appeal, the matter was adjourned sine die. The father was granted leave to return the matter to the chambers list once he provided his income tax documents for the years 2013, 2014 and 2015. Following the hearing, the chambers judge dismissed the father’s application on the basis of incomplete financial information. The chambers judge seized herself of all future applications by the father and directed him to seek permission prior to making any future applications. The father appealed on the basis the chambers judge was biased, the mother failed to provide her income tax information, and the ruling was made in the absence of submissions. ... [read more]

Thursday, March 02, 2017 @ 7:00 PM

News

■ Carolyn Lloyd is a new partner in Lerners LLP’s London, Ont., office. Lloyd is an established family law litigator with a strong focus on alternative dispute resolution, including family law mediation, arbitration and collaborative family law. She is the acting chair of Collaborative Family Law of London and Middlesex. ... [read more]

Tuesday, February 28, 2017 @ 1:35 PM

Ottawa lawyers’ declaration of parentage illustrates shift in family law

Lynda Collins and Natasha Bakht are colleagues at the University of Ottawa’s Faculty of Law, they are friends, neighbours, and now they’re “co-mamas” to a boy named Elaan. ... [read more]

Tuesday, February 28, 2017 @ 10:00 AM

CUSTODY AND ACCESS - Considerations - Best interests of child - Conduct of parents - Willingness to facilitate access with other parent - Expert report or assessment

Appeal by the mother from an order governing parenting arrangements and child support. The parties married in 2006. They were the parents of two girls, ages eight and nine. The parties increasingly spent time apart due to mother's desire to spend time with her parents. In 2010, the mother claimed the oldest child disclosed inappropriate touching by the father. She advised the father she was terminating the marriage and obtained interim without notice orders of sole custody without access. Complaints were filed with police and social services. The father denied any wrongdoing. He consented to an order limiting his parenting time to supervised access of four hours per week. The access regime remained in place until the trial in 2015. The trial judge determined that generous unsupervised parenting time with the father was consistent with the children's best interests. The judge cited expert reports, and preferred the evidence of the father and his witnesses to that of the mother. The trial judge found the mother's credibility was severely impaired. On the issue of support, the trial judge refused retroactive support and ordered ongoing support of $758 based on an imputed income of $50,000, reducible to $558 due to hardship to the father. The mother appealed. ... [read more]

Tuesday, February 28, 2017 @ 9:59 AM

CHILD SUPPORT - Calculation or attribution of income - Financial disclosure - Practice and procedure - Orders - Variation or amendment of orders - Bars to application - Appeals

Appeal by the father from a chambers judgment refusing reduction of child support. Five months prior to the hearing that resulted in the judgment under appeal, the matter was adjourned sine die. The father was granted leave to return the matter to the chambers list once he provided his income tax documents for the years 2013, 2014 and 2015. Following the hearing, the chambers judge dismissed the father's application on the basis of incomplete financial information. The chambers judge seized herself of all future applications by the father and directed him to seek permission prior to making any future applications. The father appealed on the basis the chambers judge was biased, the mother failed to provide her income tax information, and the ruling was made in the absence of submissions. ... [read more]

Thursday, February 23, 2017 @ 7:00 PM

Website offers step-by-step legal information

Not applicable ... [read more]

Thursday, February 23, 2017 @ 7:00 PM

Family Law - ADOPTION - Consent of natural parents - Practice and procedure - Discovery - Production and inspection of documents -- Appeals

Not applicable ... [read more]