When Can a Divorce be Severed?

Rule 12(6) of the Family Law Rules allows a court to make an order splitting a divorce from the other issues in a case if neither spouse will be disadvantaged and reasonable arrangements have been made for the support of any children of the marriage. The case law on when a divorce can be severed…

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Retroactive Child Support

It is very common for a support recipient to request retroactive child support.  Since this issue is common and is raised frequently, it is helpful to review the leading case and factors that govern the issue. In D.(S.P.) v. J.(L.S.), the Provincial Court of British Columbia dealt with the issue of awarding retroactive child support.…

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Grandparents access… Litigation is never the way

Although the case law has set in place measures on how to handle grandparent access, going to court is rarely the beneficial choice. This kind of issue should be dealt with by a mediator/ family therapist who can offer guidance and work on mending relationships as opposed to granting orders/dismissing applications that will likely create…

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Unjust Evidence in Family Law

As we have seen from years of family law litigation, divorce cases can get very heated. Wire tapping, spyware technology, you name it, can be a tactic used by opposing parties to try and bring the former partner to “justice”. But how can a party seek justice, by using evidence acquired in such an unjust…

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Be careful what you gift for!

Giving your children gifts is part of being a parent. But, as your children grow into adults, the receipt of such gifts may create potential implications for spousal and child support obligations. We are talking specifically about gifts of money. Of course, we all understand that such financial gifts are entirely voluntary – but that…

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Adult Trust-Fund Child – Support Obligations

In Hamoline v. Hamoline, Justice Wilson of the Saskatchewan Queens Bench required that a father maintain child support payments despite the fact his child was beneficiary to a trust fund. The trust fund was in the amount of around $76,000.  The executors of the trust were not the child’s parents, but rather a trust company.…

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No Child Support in the Face of Contempt

In Johnson v Mayer a mother and father, in the midst of a divorce, agreed to a joint custody Order for their only daughter. This Order was granted at a preliminary case conference in what ultimately became a lengthy litigation. In complete disregard of the joint custody Order, the father took deliberate steps to alienate…

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