Custody and Access: The Impact of Religion

Custody and Access: The Impact of Religion

In previous posts, we have reviewed what “custody” and “access” mean, and also how custody is decided. A child’s religious and cultural background are relevant factors in deciding custody and access. Recent amendments to the Divorce Act specifically list “the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage” as a factor in determining a child’s best interests. In this post, Fresh Legal intern and University of Ottawa law student, Jordan Levy, discusses a case where this factor was considered.

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Court Procedure: Voice of the Child Reports

Court Procedure: Voice of the Child Reports

In previous posts, we have discussed how a child’s voice is heard in custody/access proceedings, and the Office of the Children’s Lawyer specifically. In this post, University of Ottawa law school student and Fresh Legal intern, Jordan Levy, answers some frequently asked questions about Voice of the Child Reports.

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Equalization: Determining the Valuation Date

Equalization: Determining the Valuation Date

When a marriage ends, the spouses’ property is divided in a process known as equalization. The property to be divided is known as the “net family property”. The value of the property is determined as of the date known as the “valuation date”. In this post, Jordan Levy, Fresh Legal intern and University of Ottawa law student, summarizes a case where the valuation date was determined at court.

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Family Court Filing Fee Increases

Family Court Filing Fee Increases

The Ontario Government recently increased the filing fees which are necessary to file certain Applications in Family Court in the Province. As of April 1, 2019, there are over 70 fee changes, ranging from small increases to changes that double the costs of certain services, particularly in Family Court matters. In this blog post, Fresh Legal lawyer, Jillian Allen, outlines some of these increases and how they affect your Family Court matter.

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We Need to Talk About Our "Relationship"... The Solicitor-Client Relationship

We Need to Talk About Our "Relationship"... The Solicitor-Client Relationship

Are you going to tell my wife that I’m here? Do I need to tell my husband that I’m meeting with you? The above questions are surprisingly common when I meet with a client for the first time. My answer is always, “No, not unless you want me to!?”. With Valentine’s Day right around the corner, this post will take you to the heart of the relationship between a client and their lawyer.

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Technology and Family Court...The Saga Continues

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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Spousal Support: Retirement and Pensions, Part 2

Spousal Support: Retirement and Pensions, Part 2

In this post, Daniel Duyvelshoff, a Fresh Legal intern from the University of Ottawa law school, looks at Melis v Zwanenburg to see what a court considers before allowing double dipping. After 18 years of marriage, Caroline Melis and Cornelis Zwanenburg separated in 2006. In their divorce order, Cornelis received a substantial equalization payment from Caroline’s federal pension, and also received spousal support from Caroline. The court had to consider whether the unequalized portion of Caroline’s pension should be incorporated in calculating the amount of support of which Cornelis may be entitled.

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Court Procedure: Service by Facebook

Court Procedure: Service by Facebook

Social media is beginning to change the traditional practices of the legal system. Some uses of social media in legal system may be obvious: for example, using Facebook to collect evidence, or how oversharing on social media can have legal consequences. In recent Ontario court cases, however, social media has been used for a less obvious purpose: serving documents.  In this post,  Olivia Giacobbi, a Fresh Legal intern from the University of Ottawa law school, discusses service by social media.

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