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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 […]
Can I sell my marital home before I finish my divorce?
The short answer is – Yes! However, you should consider the following before agreeing to list your house for sale: 1. Who owns the home? If you or your former partner own the home that you are living in at the time of separation together, then you need to get your former partner’s […]