Technology and Family Court...The Saga Continues

/ Fresh Legal/
Technology and Family Court...The Saga Continues

Do you start your day by reading through the salacious posts on social media from people you know that are clearly in some type of fight with their ex or soon-to-be-ex? Can you tell when a couple you know if fighting because their not-so-cryptic memes are screaming for your attention and comments? In this post, Jillian C. Allen, a lawyer at Fresh Legal, explains the types of social media posts that can become part of your family court proceeding.

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Custody and Access: Stepparent Applications

/ Fresh Legal/
Custody and Access: Stepparent Applications

We have previously written about grandparent access and the impact of recent amendments to the Children's Law Reform Act (CLRA). Recently, an Ontario case explored the issue of step-parent access. Unlike grandparents, step-parents are not specifically named in the CLRA.  However, they do have status in custody and access applications. In this post, Olivia Giacobbi, a Fresh Legal intern from the University of Ottawa law school, reviews the case of Agmon v. James and stepparent access generally.

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Proposed Changes to the Divorce Act, Part 2

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Proposed Changes to the Divorce Act, Part 2

In this post, Ainsley Shannon, a Fresh Legal intern from the University of Ottawa law school, reviews the changes related to relocating with a child after separation. The law on relocation as it currently follows the Supreme Court decision in Gordon v Goertz. Bill C-78 codifies and adds to these factors, including a notice provision, a burden of proof, and sharing access costs. This means that should Bill C-78 pass, it will impose a legislative framework for relocation that does not currently exist.

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Proposed Changes to the Divorce Act, Part 1

/ Fresh Legal/
Proposed Changes to the Divorce Act, Part 1

On May 22, 2018, Bill C-78 had its first reading. This bill proposes several changes to the Divorce Act and related legislation. In this post, Ainsley Shannon, a Fresh Legal intern from the University of Ottawa law school, reviews the changes related to the terminology for parenting after divorce and the best interests of the child. The bill also sets out a framework for parental relocation after a separation, which will be reviewed in Part 2 of this post.

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Parenting After Separation: Parenting Coordination

/ Fresh Legal/
Parenting After Separation: Parenting Coordination

In some cases, even after parents have obtained an order, arbitration award, or entered into a separation/parenting agreement, high levels of conflict can remain. This conflict can make it exceptionally difficult for parents to work together. In situations where parents cannot agree on a parenting decision, they can turn to a parenting coordinator to assist them in resolving their disputes. In this post we will discuss what parenting coordination is, and how a parenting coordinator may be able to assist you.

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Changing Your Child’s Name After Separation/Divorce

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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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Child Support: "Special and Extraordinary Expenses"

/ Fresh Legal/
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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