Q: I have separated from my spouse, and I want to get into court right away. Can I do that? A: Family law matters will not usually be dealt with by the court “right away”. The Family Law Rules provide that a motion for relief, i.e. an order, from the [...]
Q: What interesting things have come about as a result of the impact of COVID on family law and the courts? A: Like many industries, there have been so many significant changes with the court system. I have not stepped in a court since before March 2020. Everything has since [...]
Q: I was thinking about doing arbitration to resolve my family law dispute. What is involved? A: Arbitration is a form of alternative dispute resolution, or “ADR”. It is an alternative to going to court. It is elective, so you cannot be compelled to arbitrate your case. You [...]
Q: I am separated. We have a family dog. Who gets the dog? A: This is a very sensitive issue for sure. There are basically two approaches taken to determine the ownership of pets. The more traditional and narrow approach turns on who paid for the dog at [...]
Q: I just entered the family law court system, and I have a case conference coming up. What can I expect? A: The case conference is generally the first step in a family law matter after the pleadings are complete. It will be before a judge. Both parties attend [...]
Q: If I am cohabiting with someone, does that entitle me to spousal support? A: The issue of “cohabitation" has recently been examined in the courts, particularly what is referred to as the “low water mark” to disprove cohabitation. The “high water mark” has received a lot more [...]
Q: My child, who is 14 years of age, wants to come and live with me now. Can my child decide to do that? A: It is often said that children do not get to make the decisions with respect to these sorts of issues. Having [...]
I am separated, and I am being asked to provide financial disclosure. Do I have to? One of the fundamental tenets of family law is financial disclosure. There is a certain level of basic disclosure all parties should be making: a sworn financial statement; the last 3 years income [...]
Can I stay in the home without my spouse there? Q: I am married and we have a home together. Can I stay in the home without my spouse there? A: The home in which married spouses live is called the “matrimonial home”. It has special status as both [...]
Q: I have a motion in family court coming up. How should I present my case? A: As a result of COVID-19, the Courts were “closed” to normal proceedings in mid-March. The Courts have, however, dealt with a number of urgent matters, and there have been a number of [...]
