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When “Settle at All Costs” Fails: How Pressure to Mediate Harms Victims of Domestic Violence in Family Law
In family law, mediation is widely promoted as a cost-effective, efficient, and less adversarial path to resolution. Courts encourage it. Lawyers recommend it. Governments fund it. On paper, it makes sense. But in practice—particularly in cases involving domestic violence—this institutional preference can become a structural problem. When judges express disdain for “high-conflict” cases and apply […]
Hiring a Litigation Lawyer in High Conflict Family Cases is Essential
When families face separation or divorce, mediation is often promoted as the faster, more cost-effective, and less adversarial path. While that may be true for amicable situations, high-conflict family cases are fundamentally different. In these circumstances, hiring an experienced litigation lawyer is not just beneficial—it is often essential to protecting your rights, your children, and […]
Parental Alienation – understanding the controversy
In family law, few terms generate as much controversy as “parental alienation.” Originally intended to describe a dynamic in which one parent influences a child to reject the other parent, the phrase has since taken on a life of its own—expanding beyond its clinical roots into legal arguments, custody disputes, and public discourse. Despite its […]
Parental Alienation and Domestic Violence: Can They Coexist?
Parental alienation and domestic violence can—and often do—coexist. In discussions about family breakdown, these two concepts are frequently treated as opposites. Many assume that if one is present, the other cannot be. This binary thinking oversimplifies complex family dynamics and can lead to serious consequences in legal, clinical, and social contexts. The reality is far […]
What happens if my ex is unreasonable?
The short answer is – large cost awards. In the recent case of Clark v Denyes, 2025 ONSC 2936 (CanLII), the Honourable Justice Mathen ordered the Respondent mother to pay $400,000.00 in litigation costs to her ex-husband, the Applicant Father. The Honourable Justice Mathen found that the Respondent Mother acted unreasonably by employing misguided views […]
Can children of a certain age make their own decisions?
The Short Answer is – Yes! Children are able to make their own decisions regarding parenting as they become older. The typical age when this begins is between twelve (12) and thirteen (13) years old. However, age is merely a proxy for a child’s stage of development or level of maturity. Children may be permitted […]
Are there penalties for “parental alienation”?
Marginalizing a parent from a child’s life is a dangerous game that destroys separating families and has potentially lasting consequences on the physical and mental health of children. For good reason, it also carries with it very serious consequences if challenged in court. One of the most extreme remedies a court has available to it, […]
Should I sign my separation agreement without financial disclosure?
The short answer to this question is – absolutely not! The husband in the following case learned his lesson the hard way. In the recent case of Shalaby v Nafei 2022 ONSC 5615, the Honourable Justice Price refuses a husband’s request to summarily dismiss the wife’s claim that the separation agreement should be set aside, […]
Can bad behavior affect my spousal support?
The short answer to this is – Yes! However, it is extremely rare for spousal support to be reduced as a result of bad behavior. The recent case of McConnell v Finch 2022 ONSC 5271 deals with a relatively obscure section 33(10) of the Family Law Act that allows for a judge to reduce the […]