Changing Your Child’s Name After Separation/Divorce

Changing Your Child’s Name After Separation/Divorce

If you are considering applying to change your child’s name, there are several things that you should take note of. In this post, we will discuss how your custody order or agreement affects the steps you must take to change your child’s name, including whether you need consent, who you must notify, and the factors the court will consider if they are asked to decide the issue.

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Prenuptial Agreements: Myths & Facts

Prenuptial Agreements: Myths & Facts

A prenup agreement is an important part of any financial plan, but many people think they don't need one.  Read this post to learn about three reasons people claim they don't need a prenup, why those reasons are really myths, and what the facts are.

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Court Procedure: Security for Costs

Court Procedure: Security for Costs

In some higher conflict cases, it sometimes happens that one party will bring numerous frivolous motions in an attempt to delay and frustrate the litigation process. When this happens, the other party is often placed at a disadvantage, as they are forced to incur legal fees and other costs associated with preparing for and attending unnecessary court appearances.  When situations like these happen, you can bring a Motion for what is known as Security for Costs.

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Court Procedure: Costs Orders

Court Procedure: Costs Orders

In family law, like many other areas involving litigation, the old adage of “loser pays” holds true. If you are successful in family court, whether at a motion, trial, appeal, or other stage of the litigation, you can request that the other party pay you an amount to cover your costs.  In Ontario, Rule 24 of the Family Law Rules governs costs. In this post, we will discuss the particulars of Rule 24 and how costs are treated in family law, how courts decide who should recover their costs, and how much you can recover.

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Child Support: "Special and Extraordinary Expenses"

Child Support: "Special and Extraordinary Expenses"

In this case, the claimed special/extraordinary expenses were day care, tutoring, extra curricular activities, and the cost of medication that exceeded the amount covered by the Applicant Mother’s coverage. In coming to a decision, the court had to determine what actually constitutes an “extraordinary” expense, and whether that expense was reasonable and necessary in relation to the child’s best interests. When determining whether an expense is “extraordinary” or not, the court must turn to section 7 of the Child Support Guidelines, and past case law.

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Motions to Change: Custody and Access Orders

Motions to Change: Custody and Access Orders

As with child and spousal support, in order to obtain an Order varying your current custody or access arrangement, you must prove that there has been a material change in circumstances.  In order to successfully obtain a variation order regarding custody or access, the change that occurred must be material, and must have also affected, or be likely to affect the best interests of the child. The change must also be one that was not foreseen at the time the initial order or variation was made. You cannot use a motion to change custody/access as an avenue to appeal the initial decision.

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Child Support: Support for Grandchildren

Child Support: Support for Grandchildren

Families of today are growing increasingly more complex, and grandparents are beginning to play a far more active role in the lives and upbringing of their grandchildren. This ever-changing legal landscape is evidenced by the recent changes to the Children’s Law Reform Act in 2016 that gave grandparents legal standing to apply for custody and access rights to their grandchildren.  While grandparents’ rights to apply for custody and access rights is firmly set in legislation, what is more uncertain is whether grandparents can be ordered to pay child support for their grandchildren. In this post we will discuss the legal grey area of grandparents and child support in light of a current case which could possibly be precedent-setting.

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