Kady McCourt

Sparr v. Downing: The Consequences of Failing to Disclose in Family Court Cases

In October 2018, I wrote a blog about financial disclosure, in which I discussed the importance of exchanging financial disclosure when negotiating a Separation Agreement in Family Law cases.  The focus of that blog was drawing our readers’ attention to the risks of entering an Agreement without first exchanging financial disclosure. Not only is financial …

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The “Status quo”: How is it relevant to a Family Court Case?

One of the most contentious issues in a Family Law case can be the determination of the issues relating to the children. When parents cannot agree about what parenting arrangements are in their children’s best interests, they often turn to the Court for a resolution. Unfortunately, a family court case can easily take one or …

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Voluntary retirement: Is it grounds for termination of support?

The short answer to the title question of this blog, as with most legal issues, is “it depends”.  This question was most recently considered by the Court of Appeal in their decision in Savage v. Savage, released December 13, 2019.  In the Savage case, the trial judge found that the spousal support payor’s retirement from …

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Canada’s Divorce Act amendments, Part 2: Mobility in Custody & Access cases

Written by Kady McCourt, Family Lawyer One of the most challenging family law issues that arises is when one parent wishes to relocate to a new jurisdiction with a child.  Oftentimes, a relocation will impact the quality time available for the child to spend with the parent who remains in the home jurisdiction.  Further, a …

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Amendments to Canada’s Divorce Act: changes affecting custody orders

Canada implemented the Divorce Act in 1985.  The Act defines how various legal matters are dealt with upon the breakdown of a relationship between married spouses.  In addition to addressing the dissolution of a marriage, the Divorce Act deals with several corollary issues, including decisions around children and parenting. The existing legislation has recently been …

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What Happens to the Matrimonial Home or Family Residence on Separation?

Quite often when couples separate, the most significant asset owned by the parties is the matrimonial home.  In most cases, title to the matrimonial home is held jointly between the parties. It is not uncommon for parties to disagree about which party should have the right to “buy-out” the other’s interest in the property.  In …

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Three tips to help prepare for the first meeting with your Family Lawyer

One of the first steps many people take following a separation or when they are considering separation is to consult with a Family Law lawyer who can provide advice about the rights and obligations that arise following a separation.  As Family Lawyers, we know that the first meeting with your lawyer can be stressful, intimidating …

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