WORDS OF WISDOM
A LEGAL BLOG BY WARDS LAWYERSPC
WARDS OF WISDOM
This WARDS LAWYERSPC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.
FAMILY LAW POSTS
AM I “LEGALLY SEPARATED” ?
People frequently ask us “when am I legally separated?” or “how to I legally separate?” In Ontario there is no formal process to declare you
CO-PARENTING IN A BLENDED FAMILY
Navigating a co-parenting relationship is difficult at the best of times. It is inevitable that eventually, one or both of you will meet someone new
TIPS FOR SUCCESSFUL CO-PARENTING RELATIONSHIPS
Treat your co-parenting relationship like a business transaction. This may sound like a harsh way to describe raising children as co-parents. However, after separation, there
SPOUSAL SUPPORT: A BIRD IN THE HAND OR TWO IN THE BUSH?
For families going through a separation, spousal support can be a complex issue. It is a “hot button” topic that can significantly affect both parties.
WHAT IS THE OFFICE OF THE CHILDREN’S LAWYER AND WHAT DO THEY DO?
Often in Family Law matters the Court may recommend, or the parties may request, the appointment of the Office of the Children’s Lawyer (the “OCL”).
WHAT HAPPENS IF MY EX STOPS PAYING CHILD SUPPORT?
If you have an existing Agreement or Family Court Order that requires your former partner to pay ongoing monthly child (or spousal) support, it may
YOU’VE HEARD OF A ‘PRE-NUP’, BUT WHAT IS A COHABITATION AGREEMENT? AND DO YOU NEED ONE?
You’ve likely heard about signing a ‘Pre-Nup’ or Prenuptial Agreement before getting married as a way to protect your assets. A Prenuptial Agreement (as it
DO I REALLY NEED A FAMILY LAWYER?
Assessing the need for a family law lawyer can seem like an overwhelming task, but the following information will provide a few quick tips on
PARENTAL ALIENATION IN FAMILY LAW
Parental alienation is an unsettling issue that often surfaces in the realm of family law. It refers to a scenario where a child becomes estranged
ADOPTION IN ONTARIO – WHICH WAY IS RIGHT FOR YOU?
There are four ways to adopt a child in Ontario – public, private, international and relative or step-child adoption. This blog will discuss the differences
HAVE A HOLLY JOLLY CHRISTMAS
The Christmas holidays are supposed to be a time for fun and cheer. However, for separated families they can also be a cause of tremendous
WHAT TO THINK ABOUT WHEN RELOCATING WITH CHILDREN
Regardless of being married, common-law or even having never been in a relationship with the other parent, moving with children can be a complex subject
TO DISCLOSE, OR NOT TO DISCLOSE
If you are going through a separation or divorce it can be hard to know where to start. One of the first steps will be
SCHOOL’S OUT FOR THE SUMMER
For most families, summer is a time for bike rides, slushies and jumping through the sprinkler. However, for parents trying to navigate a divorce or
IS SOMEONE CASTING YOU FALSELY IN THE PUBLIC EYE, ONLINE OR OTHERWISE? YOU MAY BE ENTITLED TO DAMAGES.
In Ontario, you cannot cast me falsely in the public eye, online or otherwise. Doing so is considered a form of invasion of my privacy
MARRIED V. COMMON LAW SPOUSES – KNOW THE DIFFERENCE FOR RELATIONSHIP BREAKDOWNS AND DEATH.
It can make a big difference, legally, whether you are married or “common law” if you and your partner separate, or one of you unfortunately
OUR NEW CHILD WELFARE SYSTEM – ON ITS WAY!
The Ontario government released its plan today to modernize the child welfare system. The strategy focuses on strengthening families and communities through prevention, early intervention
DO NON-BIOLOGICAL/NON-ADOPTED CHILDREN GET CHILD SUPPORT FROM A NON-PARENT? YES, IF THEY ACTED LIKE A PARENT. WHAT YOU NEED TO KNOW…….
Generally, for a non-biological child, the Court will examine whether a person, for the purposes of having to pay support to that child, treated the
FAMILY COURT ISSUES ANOTHER STERN WARNING TO WARRING PARENTS (AND THEIR LAWYERS). A MUST-READ FOR ANYONE FACING FAMILY COURT LITIGATION.
The Family Court has recently issued another stern caution and warning to those embroiled in Family Court litigation, including the lawyers who represent them. This
CKL FAMILIES – CANADA CHILD BENEFIT INCREASED TODAY. WHAT YOU NEED TO KNOW.
The Canada Child Benefit (CCB) will be increased as of July. This additional tax-free support is intended to assist families to pay for things such as
CKL SEPARATED PARENTS – DID YOU KNOW YOU CAN SET UP AND ADJUST CHILD SUPPORT ONLINE DURING THE PANDEMIC? NO FAMILY COURT REQUIRED. SEE IF YOU QUALIFY – WHAT YOU NEED TO KNOW.
Did you know you can potentially set up, or adjust, child support payments online, without having to endure the Family Court process? How it works
RELATIONSHIP BREAKDOWN – A MARRIED SPOUSE'S RIGHT TO "EQUALIZATION" MONEY – THE BASICS.
When legally married spouses separate with no reasonable prospect that they will resume cohabitation, the spouse whose net, financial worth is less than the other
NEW PRIVACY PROTECTION IN ONTARIO – I CAN SUE YOU IF YOU PLACE ME IN A FALSE LIGHT IN THE PUBLIC EYE (ONLINE OR OTHERWISE)
There has been a very important development in Ontario privacy law recently, further protecting an individual’s protection from online attacks and predatory behaviour. In this
ONTARIO COURT OF APPEAL BACKS ME UP – HOW I REPRESENT INCAPABLE PEOPLE IN LAWSUITS (FAMILY CONFLICT)
Periodically I am appointed by the Superior Court (or the Ontario Public Guardian and Trustee) to act for the interests of an incapable person, who
DOES YOUR CHILD’S VOICE MATTER IN YOUR FAMILY LAW DISPUTE?
Decisions regarding custody and access have an immense impact on the best interests of the child. In order to ensure that the best interests of
FAMILY COURT – DON'T ASSUME YOU WILL GET YOUR LEGAL EXPENSES BACK – THE RULES:
No party in a Family Court case should presume he or she will be awarded his or her costs for the case. Generally, costs are
LIVING COMMON LAW? A FEW TIPS YOU SHOULD CONSIDER. SURPRISE!
If you are living common law, or hoping to do so, here are a few tips you should consider in terms of your relationship and
MY ESTATE PLAN AND WILL – WHAT HAPPENS IF I MARRY (OR DIVORCE)? HERE ARE THE BASICS YOU NEED TO KNOW
Everybody should have an estate plan namely, a Will and powers of attorney, at least. What happens to your existing plan if you marry or
MARRIAGE BREAKDOWN – WHAT WILL HAPPEN TO OUR HOME?
On marriage breakdown (not relationship breakdown), a key area of confusion and uncertainty for many separated spouses is what happens to the matrimonial home. Only
DENYING ACCESS TO A GRANDPARENT – AUTONOMY, YES, BUT NOT ARBITRARY
In Ontario, grandparents face a challenge when they are denied access to their grandchildren. A new Ontario case Nicholas v. Herdman (2015) is a case
SEPARATED PARENTS CLAIMING ELIGIBLE DEPENDENT AND CHILD PERSONAL TAX CREDITS – MAKE SURE YOUR AGREEMENT IS PROPERLY WORDED
The case: Letoria v. R (2015) – a decision of the federal Tax Court of Canada By their Family Court Order, made on consent, Mom
IF A CHILD IS ABDUCTED OR NOT RETURNED BY THE OTHER PARENT FROM A U.S. (FOREIGN) VACATION/TRIP – THE HAGUE CONVENTION
If a child from Canada is abducted to a foreign country, or is not returned from vacation in or a trip to a foreign country,
CAN I TAKE OVER THE RESPs FOR THE KIDS?
You and your partner separate. What about the RESPs that you have accumulated during the relationship for the children? Commonly parents dispute who may and
Spousal Support – Unmarried? Yes, You May Still Be Entitled. Some Basic Tips – What You Need To Know About Spousal Suport in Ontario
Spousal support………some basic points to consider: Generally, there are three types of spousal support in Ontario: (1) compensatory; (2) contractual (i.e., pursuant to a domestic
CAN I DEAL WITH THE CUSTODY OF MY CHILD IN MY WILL? PRE-PLANNING TIPS FOR YOUR MINOR CHILDREN
You can specify testamentary custody for your child in your last will and testament in Ontario. Under Ontario’s Childrens Law Reform Act (CLRA), if you
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