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Family

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Tuesday, April 24, 2018 @ 8:34 AM

CIVIL EVIDENCE - Documentary evidence - Publication bans and confidentiality orders

Applications by two media organizations for disclosure of submissions and materials filed by the parties with respect to applications for costs in two appeals that had yet to be heard and determined. ... [read more]

Monday, April 23, 2018 @ 9:19 AM

Checking on child welfare does not permit warrantless police searches, Appeal Court rules Peter_Abametz_sm

A Saskatchewan appeal decision upholding exclusion of evidence “affirmed old bedrock principles” that police cannot use child protection as “carte blanche to invade people’s privacy,” said the lawyer of a mother acquitted of drug and gun charges. ... [read more]

Monday, April 23, 2018 @ 7:17 AM

PARENTS AND CHILDREN - Parentage, determination of - Affiliation proceedings - DNA, blood and tissue tests

Appeal by JCC from the denial of his application for an order to obtain DNA tests. ... [read more]

Friday, April 20, 2018 @ 2:56 PM

CUSTODY AND ACCESS - Considerations - Child’s preference - Hague Convention - Interpretation

The Office of the Children’s Lawyer (Office) appealed from the Ontario Court of Appeal decision setting aside a decision of the Ontario Divisional Court that set aside the application judge’s decision that granted the respondent father’s application for return of the children to Germany. ... [read more]

Friday, April 20, 2018 @ 10:11 AM - Last Updated: Friday, April 20, 2018 @ 5:52 PM

Supreme Court revamps determination of child’s ‘habitual residence’ in wrongful removal/retention cases under Hague Convention Steven Bookman

The Supreme Court of Canada has revised how domestic courts determine a child’s “habitual residence” in a controversial move that some call “a step forward,” while others foresee more uncertainty, litigation and difficulty for parents abroad who are seeking the return of their children from Canada pursuant to the Hague Convention on the Civil Aspects of International Child Abduction. ... [read more]

Friday, April 20, 2018 @ 9:42 AM

At divorce time, should Rover be treated like child or chattel? divorcedog.jpg

The ethical treatment of animals has been a continuing trend in modern times, but have we now reached a point where in family law, courts may start considering the best interests of the family pet in deciding who gets custody of the dog or cat in a divorce? If the dissenting judge in a recent decision from the Court of Appeal of Newfoundland and Labrador has her say, our courts may be moving in this direction. ... [read more]

Thursday, April 19, 2018 @ 8:36 AM

MAINTENANCE AND SUPPORT - Child support - Spousal support - Circumstances where order refused - Retroactive awards

Application by the plaintiff Executor of the Stalzer Estate for retroactive child support and occupation rent. ... [read more]

Monday, April 16, 2018 @ 12:32 PM

Legal aid eligibility increase means greater access to justice for low-income Ontarians Yasir Naqvi sm

Legal Aid Ontario (LAO) has received a boost from the provincial government as the financial eligibility threshold for legal aid has increased by six per cent. ... [read more]

Monday, April 16, 2018 @ 10:34 AM

Spotting and curtailing emotional harm during separation and divorce McGuirk,family_sm.jpg

Separation and divorce, herein referred to as separation, is a human experience in a legal world. The dissolution of a union is a legal and emotional process for our clients, as they dismantle their old lives and embark upon building a new life for themselves and their child or children. Emotional harm to children through separation is an insidious form of maltreatment. It is subtle and slow, but with time and consistency the presence of adult conflict through separation can eat away at the fabric of children’s mental health, parental bonds and the healthy functioning of families as a whole. ... [read more]

Monday, April 16, 2018 @ 9:00 AM

Hi-Tech: Free online legal resources good news for lawyers | Luigi Benetton

Are you an in-house counsel looking for ways to help control outside legal expenses? There’s good news: certain law firms are making “boilerplate” expertise available online — no obligation, no cost. ... [read more]