Showing posts with label divorce. Show all posts
Showing posts with label divorce. Show all posts

Wednesday, August 23, 2017

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law  for Wednesday August 23, 2017.


Today we are talking about Family Law.


Where all matrimonial issues have been resolved as at the one-year anniversary of a separation, an uncontested divorce can proceed by filing specified paperwork with the Court.

Where issues remain unresolved, a divorce judgement can still be issued, and remaining issues can then be continued in a “corollary relief proceeding.”
For more information on Employment Law, Family Law, Wills, Estates, and Estates Litigation, visit us at http://www.wiselaw.net.

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, May 31, 2017

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law Toronto for Wednesday May 31, 2017.

Today we are talking about Family Law.


In determining entitlement to spousal support, Ontario courts consider the financial means of both spouses, the length of their marriage, and any economic disadvantage experienced by a spouse as a result of the marriage.

Also relevant is any significant disparity between the incomes of the spouses, the goal of encouraging economic self-sufficiency, and several other important factors.

For more information on Employment Law, Family Law, Wills, Estates, and Estates Litigation, visit our website at www.wiselaw.net

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, May 17, 2017

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday May 24, 2017. Today we are talking about Family Law.


Where all matrimonial issues have been resolved as at the one-year anniversary of a separation, an uncontested divorce can proceed by filing specified paperwork with the Court.

Where issues remain unresolved, a divorce judgement can still be issued, and remaining issues can then be continued in a “corollary relief proceeding.”
For more information on Family Law, Employment Law, Wills, Estates, and Estates Litigation, visit our website at www.wiselaw.net.

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, May 10, 2017

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday May 10, 2017.

Today we are talking about Family Law.


A final divorce judgment cannot be granted until one year following the date a married couple separates (unless special grounds for divorce are proven)

A divorce Application may be commenced by either spouse at any time following separation.

For more information on Employment Law, Family Law, Wills, Estates, and Estates Litigation, visit our website at www.wiselaw.net.

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, January 11, 2017

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday January 11, 2017. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on

A final divorce judgment cannot be granted until one year following the date a married couple separates (unless special grounds for divorce are proven)

A divorce Application may be commenced by either spouse at any time following separation.


- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, December 14, 2016

The Tell-Tale Signs of Parental Alienation

BY RACHEL SPENCE, LAW CLERK AND SIMRAN BAKSHI, ASSOCIATE LAWYER 

Parental alienation is sadly not all that uncommon in high conflict separated and divorced families.

In the first of our two-part blog series on this topic, we will begin by setting out what parental alienation is, and how best to recognize the early signs of such behavior. Next week, we will be turning our discussion to how the family courts may choose to address this issue.

It is imperative to have a strong understanding of what parental alienation is as well as what it is not. Unfounded allegations of parental alienation can be just as damaging to your child(ren) (and not to mention, your position before the Courts), so this issue should be broached carefully, with due consideration and caution. Where possible, you should consult with a lawyer and/or a medical professional to help you determine whether there is an issue of parental alienation presented.

What is parental alienation?

Parental alienation is the acts of a parent or family member to psychologically manipulate a child(ren) to harbor feelings of hostility, anger, fear and / or disrespect towards the other parent or family member. The objective of course is to alienate the child(ren) from the other parent, and to discourage the fostering of a meaningful relationship with the other parent.

This is a largely overlooked form of child abuse and family violence. It can often result in long-term estrangement issues, and put the child(ren) at risk of both mental and physical illness, in what has come to be known as "Parental Alienation Syndrome".

The Parental Alienation Syndrome Controversy:

The concept of Parental Alienation Syndrome ("PAS") is not without its own controversy. PAS was first developed by psychiatrist and Columbia University Professor, Richard Gardner, well over twenty years ago, in the context of trying to explain a trend of what he believed to be false accusations of child sexual abuse in child custody cases. Mr. Gardner went on to develop the "sex abuse legitimacy scale", which as you can imagine, made him quite the controversial figure.

His position that parental alienation could be characterized to be a "syndrome" with distinctive signs and symptoms caused by a particular pathological condition or disorder is quite contentious among fellow psychiatrists, psychologists and therapists as well. An interesting read on Mr. Gardner's perspective of PAS can be found here.

While the question of whether or not parental alienation is a syndrome remains controverted, the more important fact for our discussion is that parental alienation is recognized by the Courts as being a form of abuse.



What are early signs of parental alienation?
  • The child(ren) shows a sudden negative change in attitude towards a parent or guardian
  • The child(ren) perceives one parent as causing the financial problems of the other parent
  • The child(ren) appears to have knowledge of details relating to the legal aspects of the divorce or separation
  • The child(ren) appears uneasy around target parent, perhaps resorting to "one word" answers, and failing to engage openly in conversations as was previously the case;
  • The child(ren) is uncharacteristically rude and/or belligerent towards the target parent
  • Access time is not occurring as agreed upon or court ordered - visitation is being unilaterally cut back by the other parent
  • The alienating parent undermines the other parent or speaks disparagingly about other parent in the presence of the child(ren)
  • The alienating parent starts making reference to other parent as being abusive and a risk to the child(ren) with no apparent good reason
  • Allowing the child(ren) to choose whether or not to visit a parent, though not an appropriate decision for him or her to be making, particularly in the case of younger children;
  • Disclosing to the child(ren) why the marriage supposedly failed and giving the child(ren) the details about the divorce or separation settlement;
  • Refusing the other parent access to medical and school records or schedules of extracurricular activities;
  • Blaming the other parent for not having enough money, changes in lifestyle, or other problems in the child(ren)'s presence;
  • Refusal to consider routine requests for scheduling changes, for no reasonable justification, to obstruct the access of the other parent to the child;
  • False allegations of sexual abuse, drug and alcohol use or other illegal activities by the alienating parent;
  • Putting the child(ren) in a position wherein he or she is asked to choose one parent over the other;
  • Encouraging the child to harbor anger or resentment towards the other parent;
  • Setting up temptations to to interfere with the child(ren)'s visitation with the other parent;
  • Giving the child(ren) the impression that having a good time on a visit will hurt the alienating parent;
  • Interrogating the child(ren) about the other parent's personal life;
  • 'Rescuing' the children from the other parent when there is no danger.

What are the statistics related to Parental Alienation?
  •  Indian Journal of Psychiatry, 1988: A child who was separated from his or her father for a period of three (3) months or longer while between the ages of 6 months to 5 years old, suffered a 2.5 to 5 times higher risk of conduct disorder, emotional disorders and hysteria than a child that did not go through the same period of separation.
  •  Bron, Strack & Rudolph, Univ. of Gottingen, Germany, 1991: Drastically increased suicidal tendencies were found in people who had experienced the loss of the father.
  • American Journal of Orthopsychiatry, 1990: Children showed the most behavior problems if their parents were in a legal conflict and the visitation was not frequent or regular with both parents.
  • Acta Psychiatrica, Scandinavia, 1990, 1993: Scandinavian research found a significantly higher number of attempted adult suicides for people who, in childhood, had lost a parent through parental separation or divorce.
  • British Journal of Psychiatry, 1989: British researchers found that adults who suffered the loss of a parent because of separation or divorce have a significantly higher risk of developing agoraphobia with panic attacks and panic disorder
Going through a divorce or separation can be one of the most trying times of your life, particularly when it involves high conflict custody disputes. As you ride the emotional roller coaster that comes with this, it is so important that you remain as neutral and level-headed about your family situation as possible for the sake of your child(ren).
Next week, we will discuss the Court's recent position on the issue of parental alienation. Stay tuned!
- Rachel Spence, Law Clerk, Toronto
- Simran Bakshi, Associate Lawyer, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, November 30, 2016

Recognizing Foreign Divorces in Canada

BY PAUL B. ADAM, ASSOCIATE LAWYER

If you were divorced in a foreign country, and now plan to marry in Canada, beware.

Not all divorces are created equal.

For a foreign divorce to be validated in Canada, it needs to have been granted according to the law of that country, by a court of that country with the power to grant a divorce. There is such a wide range of divorce laws and courts around the globe. Some are consistent with this country's legal principles and others are not.

According to Canadian law, if a couple has been divorced in a foreign country, they must provide proof that the foreign divorce they obtained was valid in order to remarry in this province.

The only proof that the Canadian government will accept is an opinion letter from a lawyer.


THE OPINION LETTER


Why is a lawyer's opinion necessary? Due to the wide range of family law systems throughout the world, the government relies on the legal profession to scrutinize foreign divorce orders and ensure they were obtained properly, by Canadian standards.

This opinion letter is not a rubber stamp exercise, either. Lawyers should be carefully reviewing the foreign law, original documents from the clients, with translations if necessary, and facts about the separation and divorce. They are required to give a well-considered opinion that is supported by facts.

WHEN WILL A DIVORCE BE RECOGNIZED?

A divorce will be valid by Canadian standards if when the foreign court granted the divorce,
  1. at least one spouse resided in the country or territory that granted the divorce; and
  2. they lived there for at least one year.
  3. the divorce was not obtained through unfair means such as fraud or coercion. 
When a couple obtains a divorce, without having met the tests outlined in items 1 and 2 above, the government may still accept the divorce if it was legal by local standards, and it takes into considerations the other rights that spouses may have after a separation in this country, including spousal support, child support, and fair custody and access arrangements. 

What can happen if a person was divorced and the divorce was granted legally according to the laws of the foreign country, but not legally by Canadian standards?

For example, several US states, including Florida, Texas and California, will grant a divorce if one spouse has lived in that state for six months. In Illinois, the time period is 90 days, in Nevada, it is just six weeks. As well, several foreign countries have legal systems with a mix of religious and state-run courts, which have their own rules and procedures.

When a Canadian lawyer is writing an opinion letter about the validity of such a divorce, he or she must provide facts and evidence to support the opinion that the divorce is valid, and demonstrate how the divorce addresses the various requirements of the Divorce Act regarding access, custody and support.


This process is meant to weed out divorces that would be considered unfair by Canadian standards and prevent them from being recognized, when this would cause harm to an ex-spouse, or the children of a foreign marriage.

CANADIAN LAWS vs. FOREIGN LAWS

The question of validity can involve a complex comparison of divorce law in two jurisdictions

In Zhang v Lin, the Alberta Court of Queen's Bench refused to recognize a Texas divorce granted to one spouse. The spouse had obtained a divorce that was apparently valid by Texas law. However, those laws did not deal with child and spousal support properly, by Canadian standards.

On the other hand, consider Martinez v Basail: a couple were married in Cuba in 2004, and emigrated to Ontario. In 2007, while living in Ontario, they decided to separate, and mistakenly believed that needed to get a divorce back in Cuba. They travelled there and obtained an uncontested divorce with terms of custody, access and spousal support that were fairly reasonable by Canadian standards. And yet, they had only been in Cuba at the time for around one month. 

The Ontario Court accepted that even though the couple did not meet any sort of normal residency requirement that is usually a requirement for a foreign divorce, this divorce valid, because the parties obtained it together, with good intentions.

- Paul B. Adam, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday November 30, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on

Many couples live separate and apart “under one roof,” following marital separation, and do not immediately physically separate by changing residency.

Legal advice should be obtained as to whether a separation has occurred that would be recognized under Ontario law
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, November 16, 2016

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday November 16, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on

A final Separation Agreement will document all issues that have been resolved by the parties signing it, along with any remaining actions, payments or arrangements required to complete the Agreement.

Additionally, a Separation Agreement will include extensive releases by both parties of all future claims they may have against each other regarding their property, support and estates. 

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, November 09, 2016

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday November 9, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on


Where all matrimonial issues have been resolved as at the one-year anniversary of a separation, an uncontested divorce can proceed by filing specified paperwork with the Court.


Where issues remain unresolved, a divorce judgement can still be issued, and remaining issues can then be continued in a “corollary relief proceeding.”
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, October 26, 2016

Separation and Your Children's Education

BY RACHEL SPENCE AND SIMRAN BAKSHI


With school now back in session, what better time is there to consider how best to co-parent with
your former spouse regarding your child(ren)’s education:


What are best practices when co-parenting and communicating about school for young children?

Your child's school can actually facilitate the process of ensuring both parents are involved in their child's education.

We would strongly recommend speaking with your child's teacher, main office or principal to inform them of your child's living arrangements and the terms of your separation. It is particularly important to ensure that the school is informed of any communication requirements, so that both parents are kept in the loop where appropriate. As well, educators benefit from knowing at least the general terms of your child's residential schedule as it relates to school pickups and drop-offs.

School officials are accustomed to single-parent and blended families. They will quite often have specific procedures available to assist you with communications.

For instance, where informed, school officials can often help to ensure that school newsletters and picture order forms are sent out to both parents, and may further accommodate separate parent-teacher meetings if necessary.

Moreover, teachers and educators can be wonderful at issue spotting, where a child is struggling to come to terms with a separation or divorce, so long as they are made aware of the family background.


Can I attend at school events on non-access days?

Generally speaking, parents are both welcome to attend at special events hosted at the school, even if they may fall on non-access days. You should consult with your lawyer, however, as to any restrictions that may be applicable in your specific circumstances, to school event attendance.

If you are not on good terms with the other parent, particularly where you are or have been involved in highly contentious divorce or separation proceedings, it is always a good idea to maintain a respectful distance from one another at such school events. Sometimes it may even be well worth considering whether the attendance of both parents may cause your child to experience unnecessary stress, and anxiety.

Other than for special school events, it is not typically recommended that parents attend at the child's school on non-access days, unless specifically authorized to do so, as this can cause conflict unnecessarily and possibly be seen as interfering with the access schedule you've established.


How Do I Share Back to School Expenses?

Many schools will provide a child(ren) with a checklist within the first few weeks of the school supplies required during the year.

To the extent that some of these expenses may be considered "special and extraordinary", it may be appropriate that some of these costs be apportioned between the parents based on their relative income.

Many of the more typical back-to-school items, however, are generally paid by the parent with whom the child has primary residence, with the non-residential parent contributing by paying child support.

You should consult with your lawyer if greater clarity is required about the respective obligations of you and the child's other parent to contribute to these expenses.


I want my child(ren) to attend at College or University one day, how can we ensure that we have enough savings between us?

An RESP is an excellent way to start financially planning for your child’s future education.

Spouses can be joint subscribers on an RESP, and can continue such arrangements in the event of a separation and/or divorce.

Individuals who are already divorced cannot jointly open an RESP together. In such circumstances, each parent may set up his or her own RESP. It should be noted that the total contributions made by each parent to their respective plans for the child(ren) are still subject to the same aggregate contribution limits.

While the plan is being set up for the benefit of your child(ren)’s education, only the subscriber has authority to request withdrawals from the account. What this means in practice is that while your former spouse may set up an RESP for your child(ren), he/she will direct if and when withdrawals are to be made from his/her account.

Many separating spouses specifically outline their intentions regarding RESP's in a Separation Agreement, which will also typically address when and how payments by parents for education expenses are to be made.


What are issues to consider for older children attending at University?

Firstly, its important to note that child support may continue to be payable for an adult child who has not withdrawn from the charge of his or her parents, which is typically the case for a child is enrolled in a full-time post-secondary program.

Factors considered by the court in determining whether child support is payable, and the quantum of support include: whether the child is eligible for student loans and financial assistance; the reasonableness of the child’s career plans; the child’s ability to contribute to his or her education him/herself; educational plans made by the parent’s during their relationship; and the nature of the relationship between the child and his or her parents.

Expenses associated with post-secondary education, such as tuition, books and boarding will be considered to be “special and extraordinary”, and subject to contribution by both parents’ in proportion to their relative income capacity. Your child may also be required to contribute to the cost of his or her post secondary education.

It is important that you and your former spouse start by communicating with your child(ren) about what their plans for post-secondary education may be.

Do they intend to live at home, on campus or off campus? What are their transportation needs? What budgets are available? Will they be applying for OSAP student loans or other student financing?

Will they be pursuing part time employment? How much do they budget for books and daily living expenses? Where do they plan to stay during school breaks and the summer?

Once you are aware of your child(ren)’s educational goals, and have some idea of costs, you can then determine how these costs are to be divided between you, your former spouse, and potentially your child(ren).

It is recommended that you consult with a lawyer over such matters to get a better idea of your respective legal obligations for your child(ren) post-secondary education.



- Rachel Spence and Simran Bakshi

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday October 26, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on


A final divorce judgment cannot be granted until one year following the date a married couple separates (unless special grounds for divorce are proven)

A divorce Application may be commenced by either spouse at any time following separation.

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Tuesday, August 23, 2016

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Tuesday August 23, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on


Where all matrimonial issues have been resolved at the one-year anniversary of a separation, an uncontested divorce can proceed by filing specified paperwork with the Court.


Where issues remain unresolved, a divorce judgement can still be issued, and remaining issues can then be continued in a “corollary relief proceeding.”
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, July 13, 2016

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday July 13, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on


Many couples live separate and apart “under one roof” following martial separation, and do not immediately physically separate by changing residency.

Legal advice should be obtained as to whether a separation has occurred that would be recognized under Ontario law.

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Wednesday, July 06, 2016

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Wednesday July 6, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on

A final divorce judgment cannot be granted until one year following the date a married couple separates (unless special grounds for divorce are proven)


A divorce application may be commenced by either spouse at any time following separation.

- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Thursday, June 16, 2016

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Thursday June 16, 2016. Today we are talking about Family Law.

A video posted by Wise Law Office (@wiselaw) on


Ontario’s Family Law Act (FLA) governs the equalization and division of property between spouses upon marital separation.

It applies only to spouses who are legally married
- Garry J. Wise, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Friday, January 31, 2014

The Post-Secondary "Child:" Guidelines Need Not Apply

BY ANA KRALJEVIC, LAWYER, WISE LAW OFFICE

Once a child reaches his or her eighteenth birthday, the age of majority, the question of whether that child is entitled to support becomes highly fact-driven and contextual. 


As J. D. Payne and M.A. Payne note in their text, Child Support Guidelines in Canada, 2012,:
Once a child attains the age of majority, the child is no longer presumptively entitled to support. The onus falls on the applicant [in this case the mother] to prove that an adult child who is pursuing post-secondary education is entitled to support...
The first question that is normally asked is whether the child can still be considered a child of the marriage.  

Canada's Divorce Act defines a “child of the marriage” as:
The child of two spouses or former spouses who, at the material time, 
(a) is under the age of majority and who has not withdrawn from their charge, or 
 (b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life.
Once it is determined that the child over the age of majority is indeed a “child of the marriage,” the next question becomes whether the Guideline table amounts are applicable, having regard to the “means, needs, and other circumstances of the child” as well as the “financial ability of each spouse to contribute to the support of the child.”

Pursuant to s. 3(2) of the Guidelines, the court must decide whether the usual Guidelines approach is appropriate and is permitted some discretion in departing from the standard Table amount:
AMOUNT OF CHILD SUPPORT 
Child the age of majority or over 
3(2) Unless otherwise provided under these Guidelines, where a child to whom a child support order relates is the age of majority or over, the amount of the child support order is 
(a) the amount determined by applying these Guidelines as if the child were under the age of majority; or 
(b) if the court considers that approach to be inappropriate, the amount that it considers appropriate, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each spouse to contribute to the support of the child.
Wesemann v. Wesemann, a 1999 British Columbia Supreme Court ruling, sets out a four step test that determines the appropriate model to be applied for the support of a child over the age of majority:
Step 1: Determine whether the child is a "child of the marriage" as defined in the Divorce Act.
Step 2: Determine whether the approach of applying the Guidelines as if the child were under the age of majority is challenged. If it is not challenged, determine the amount payable based on the usual "Guidelines" approach.
Step 3: If the usual Guidelines approach is challenged, decide whether the challenger has proven that the usual Guidelines approach is inappropriate. If not challenged, the usual Guidelines amount applies. 
Step 4: If the usual Guidelines approach is inappropriate, it is necessary to decide what amount is appropriate, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each spouse to contribute to the support of the child.
In Gagnierv. Gagnier, [2003] O.J. No. 2183, the court noted that if the circumstances of a child over the age of majority closely resemble that of a child under the age of majority, it is likely that that usual Guidelines approach would be appropriate.  Therefore, if the child continues to reside at home with one or both parents, earns little to no income, and is generally dependent on others for support, then the usual Guidelines approach will probably be followed.  However, if a child over the age of majority resides away from home in order to attend a post-secondary school in another city, or, that child earns a sustainable income and shows self-sufficiency, the usual Guidelines approach may not be applicable. 

In this case, the child, Matthew, was nineteen years old when he left home in Ottawa and began attending Queen's University in Kingston on a full time basis. He was found to be “a child of the marriage.” As the mother challenged the Guidelines approach, the judge proceeded to Step 3 of the test.  The judge found that it would be inappropriate to apply the usual Guidelines approach to a determination of child support for the following reason:
The costs of attending university in another city are significantly greater than attending university while living at home. In addition, Matthew does not have a job or a significant income.
In applying Step 4 of the test, the judge found: “Considering all the circumstances of this case, I find it is reasonable that Matthew contribute $7,000 towards his university expenses from employment income, scholarships, student loans or gifts leaving a balance of $8,700 to be apportioned between the parties.

In arriving at those two specific figures, the judge conducted a thorough analysis of Matthew’s reasonable needs, with respect to both post-secondary and personal expenses.  Given the judge’s finding that Matthew was a “bright, capable young man” he concluded that it was reasonable that he make a contribution towards his own education to help defray the costs of his education.  It was estimated that he could earn approximately $5,000 during the summer months through full-time employment and could apply for student loans to make up the rest.

The finding in this case is echoed in many other judicial decisions wherein the courts have found it appropriate for children to make reasonable contributions towards their education expenses. With the rising costs of post-secondary education and children taking longer to leave the nest, courts strive to create a balance that apportions the obligations of support fairly among all parties, and that includes the parents as well as the child. 

- Ana Kraljevic, Toronto
Visit our Toronto Law Office website: www.wiselaw.net

Saturday, October 09, 2010

Top Ten Obscure U.S. Marriage Laws

Did you know:
In Truro, Massachusetts, a groom-to-be must "prove himself manly'" prior to marriage by hunting and killing either six blackbirds or three crows. Manly is a good thing. Dead birds? Not so much

- Garry J. Wise, Toronto
Visit our Toronto Law Firm website: www.wiselaw.net

Wednesday, September 22, 2010

Quoteworthy: On Joint Custody

National Post's Barbara Kay, arguing for family law reform to establish "equal parenting as the default custody presumption (in the absence of abuse) after separation:"
Decades ago women told men they had to take more responsibility for active parenting. They listened. Fathers have earned the moral right to equality of involvement in their children's lives in post-separation agreements as a matter of social justice. It is now up to our legislatures and judiciary to assume responsibility for establishing an equal-parenting presumption in law,
- Garry J. Wise, Toronto
Visit our Toronto Law Firm website: www.wiselaw.net

Musings on Mandatory Mediation in Family Law Disputes

Ontario’s Chief Justice Warren Winkler is calling for compulsory mediation in family law disputes. If Justice Winker gets his way, court will be the last checkpoint and only after family law disputants have exhausted alternative forms of dispute resolution.

While I cannot help but emphatically agree that the litigation process should not be a starting place for parents, soon to be former spouses and anyone else who falls into the “family” law bucket, I do believe that it has it’s place in the process and not always at the end of the road.

Chief Justice Warren Winkler’s hope to map quest mediation at the beginning of the divorce journey is groundbreaking if only to ensure that mediation and alternative forms of dispute resolution are made known and I hope – available, to all family law disputants. This begs questions such as: who is paying for these services and are those providing the services educated, experienced and equipped to deal with the matters presented?

If, in order to be successful, mediation requires the “buy-in” of the participants, is it an oxymoron to mandate mediation? If a disputant is a “window-shopper” and/or not even a prospective buyer, can a skilled mediator turn the disputant into a customer? Can a non-communicative relationship be turned into one that allows for a healthy conversation? Can mistrust result in open and honest disclosure? And what about domestic violence, safety and power imbalances that impact one’s ability to make sound decisions?

While I am all in favor of a presumption of mediation, I am not confident that mandatory mediation is the answer. I believe it is critical that there be a screening process, and perhaps a multi-level approach to care that strongly emphasizes and encourages mediation at a very early stage in the process.

While I am filled with questions about how this “fresh approach” will work and serve the needs and interests of Canadian families, I remain optimistic that Chief Justice Warren Winkler is working on the answers.

- Deborah Mecklinger, LL.B., M.S.W, A.T.C
Mediator and Coach
Deborah Mecklinger is a lawyer, mediator and therapist with a successful private practice in Toronto. She is well known for her work in the areas of divorce, mediation, conflict resolution, and individual, couple and family therapy. Contact her by email at deb@walkthetalkcoaching.com
_________________
Visit our Toronto Law Firm website: www.wiselaw.net