Family Law
Challenging the Validity of a Matrimonial Property Agreement
The requirements for entering into a written agreement with respect to the ownership and division of matrimonial property are set out at sections 37 and 38 of the Matrimonial Property Act, RSA 2000, c M-8 and include:
(a) that the […]
An Overview of Bill C-78: How is the Divorce Act Changing?
The Divorce Act, R.S.C., 1985, C. 3 (“Divorce Act”), is the primary piece of Canadian legislation which governs the process of separation for married couples. Somewhat surprisingly, the Divorce Act has not been substantially changed in more than 30 […]
‘til Text Do Us Part
In an effort to stop men from ending their marriages without telling their wives, the Saudi Arabian Ministry of Justice has announced that they will be sending text message notifications to inform women of their new divorce status.
Saudi Arabia […]
Surveillance to Harassment – Where is the Line?
In custody disputes, where evidence is hard to obtain and matters are often reduced to “he-said/she-said”, litigants often turn to alternative means to gain information about their ex-spouse. Whether it’s social media “stalking” or snooping through an ex’s emails, […]
Pets: Children or Property?
Pets are our much loved and valued companions, most often considered and treated as members of our family. What happens to our precious pets on relationship breakdown? How are disputes regarding our dearest pets resolved at law upon separation? Are […]
Choosing a School in a Shared Parenting Arrangement
In the recent case of LMM v KDT, 2018 ABQB 279, the Court was tasked with determining where a child would attend kindergarten.
The parties had separated when their child was approximately 1.5 years old and since the time […]
Puff, Puff, Parenting
With the passing of new legislation in 2018, cannabis use has become legalized for any adult over the age of 18 years old. How will this legalization have an impact in the Family Law setting specifically in custody and […]
Mobility/Relocation – British Columbia enacts Relocation Guidelines
Cases concerning one parent who wishes to move residences with the child are some of the most complex and hard-fought in all of family law. Often, the parent attempting to move has repartnered with someone living elsewhere or has […]
Children Gone Wild: Who Pays When Your Kid Goes to Jail?
In a recent case out of Ontario, Vidal v Dunn, 2018 ONSC 2801, the Ontario Superior Court of Justice considered whether Section 7 child support expenses include legal costs and penalties related to a child’s crime.
Section 7 of […]