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

By Kady McCourt | November 19, 2019

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

By Kady McCourt | October 3, 2019

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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The Court Process: What should you expect?

By Kady McCourt | June 18, 2019

Most of the information people have around the family court process is based on what they see on television, which often portrays family litigation running its full course in a single episode. In light of how court is shown on television, it is not surprising that many clients expect their case to get before a …

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

By Kady McCourt | May 7, 2019

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

By Kady McCourt | April 5, 2019

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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Who Pays the Costs in Family Law Cases?

By Kady McCourt | November 21, 2018

When a Family Law matter goes to court, nearly all cases will include a claim for one party to pay the other party’s expenses incurred through the court process.  Individuals are often surprised and concerned when they see a claim for costs in an Application, Answer or other court document. Many litigants enter into the court …

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Financial Disclosure in Family Law Cases: Is it necessary?

By Kady McCourt | October 5, 2018

Oftentimes when parties separate, the family law issues can be resolved by way of a Separation Agreement rather than commencing court proceedings.  When both parties are committed to negotiating a fair resolution to the issues that arise, a Separation Agreement can be a cost effective and efficient way to set out each party’s rights and …

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Options to Consider in Difficult Custody and Access Cases

By Kady McCourt | August 22, 2018

One of the often more difficult areas to resolve in Family Law cases are those involving children. In Family Court, when the judge makes a custody/access Order they must do so in the “best interests of the child”.  There are a number of different factors enumerated in the Children’s Law Reform Act  that are used to assist …

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Limited Scope Retainers & Unbundled Legal Services in Family Law

By Greg Kay | August 10, 2018

In many cases a person going through the separation process is unable, due to financial circumstances, to retain a lawyer for representation throughout the court process.  In other cases, a person may want to represent himself or herself in court but requires periodic assistance from a lawyer as the case proceeds from one step to …

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Section 7 Expenses, Part 2: Child Care Expenses

By Kady McCourt | July 17, 2018

Today’s blog is the second installment in our series dealing with “Section 7” expenses, the first of which addressed a parent’s obligation to contribute towards their child’s post-secondary expenses.  Another Section 7 Expense that is often claimed in family law cases relates to the cost of childcare. For a childcare expense to fall within Section 7 of the Child …

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