Disclosure From Non-Parties In Divorce
Sometimes one party may try to hide their assets behind the back of their family members or friends. In those circumstances there are two options how to access that information.
Requesting Directions From The Court – Section 30 Assessment (Custody and Access Assessment)
For Example A Direction That a Party Signs the Necessary Releases
What Is Bifurcation in Family Law? Understanding Its Principles, Benefits, and Risks.
What is Bifurcation in family law proceedings? It is a procedure where instead of having one trial, it is split into two separate hearings.
Requests for disclosure
Financial disclosure obligations (both requesting and providing) is governed by Rule 13 of the FLR. Specifically, if a party is not satisfied that the provided disclosure is sufficient, such party must make a Request for Information.
Supervision and drug testing
Supervision Not Ordered as a Long-Term Parenting Time Arrangement: There is consensus in the case law that an order for supervised access is an exceptional order. As a general rule, courts have taken the view that because supervised access creates an artificial environment, it should not be ordered as a long-term access arrangement.
When Material Change in Circumstances Test Does Not Apply?
Parenting Time Consistent with Best Interests of the Child/”Maximum Contact” Principle.
Issues In Relocation Divorce Cases
ISSUE 1: Notice of Relocation Requirement
ISSUE 2: Relocation/best interests if the children
From Custody to Decision-Making Authority: Navigating Family Law Changes in Canada
Very often people confuse the meaning of the word “Custody”. This wors is no longer used in the current legislation with the new legislative amendments that have come into force. However, even when this word was used in the past, people often mistakenly meant parenting time when they were saying “custody”.
Parenting Time On a Temporary Basis (Interim Motions)
It is important to recognize the difference between a motion for a temporary order versus a decision made by a judge at trial. The court’s focus differs during the motions as opposed to trials simply because motions are limited in their nature and the amount of material submitted to the judge is also limited. Usually parties do not testify orally, and when facts are contradicted in the parties’ materials, judges are limited in terms of what they can take from the Affidavits filed by the parties.