Ontario Family Law Blog Articles

Fair isn’t always Equal

By Valerie L. Brown of Brown Law Firm Professional Corporation

The recent Ontario Court of Appeal Case of Browne v. Browne at first glance does not seem remarkable; it is a short decision with an obvious result.  What is remarkable is that the issues raised in the case were advanced at all.

In this case, the parties,  who had been separated for several years, shared custody of their two children.  The Mother wished to take the children to Mexico for March Break to visit with her parents.  The Father, who did not appear to otherwise have any plans for the children over the holiday, opposed the trip on the grounds that it was “his time”. Continue reading

You Snooze, You Lose

A recent Superior Court Decision reminds us that we do not have unlimited time to bring Family Law Claims and comply with Rules; we have an obligation to act when we are aware there is an issue.  Otherwise, we may be out of luck. Continue reading

Options for Self Represented Persons

By Valerie L. Brown of Brown Law Firm Professional Corporation

Separating Families know that separation comes with both an emotional and a financial cost.  New clients often ask for some estimate of cost, which is an impossible question to answer;  it will depend on the complexity of the issues, the reasonableness of the parties, as well as other factors.  The only thing I can guarantee clients is that “the higher the conflict, the higher the cost”. Continue reading

Online Resources for Separating Families

By Valerie L. Brown of Brown Law Firm Professional Corporation

laptop keyboardSeparation is not something people plan to do.  People plan to buy a house, to get married, to have children.  They can mentally and financially prepare for these events by doing research, saving etc.  However, for many people, separation is unexpected and unwelcome, and it thrusts them into a state of uncertainty…about everything! Many don’t know where to even begin. Continue reading

How do I get my Spouse out of the House?

By Valerie L. Brown of Brown Law Firm Professional Corporation

A spouse may mean either a married spouse or a person with whom you have cohabited in a conjugal relationship for 3 or more years (more commonly known as “common law”).

If you are a married spouse, you have an automatic right to reside in the habitual residence, regardless of who actually owns the house. To “evict” a married spouse, you will require a court order for exclusive possession. This will depend on several things, including the financial ability of either spouse to leave the home, conflict, and the best interests of the children. Continue reading

Online Divorce has Arrived in Ontario…sort of

By Valerie L. Brown of Brown Law Firm Professional Corporation

Cake topper with bride and groom facing away from each other. Divorce in OntarioIf you live in Peel Region, Hamilton, Ottawa, or Toronto and you (and your ex) want a divorce, then you may wish to consider filing for your Divorce online!  The Ministry of the Attorney General is running a pilot project in these areas for the filing of Joint Applications for Divorce.  Such Applications cannot deal with other issues, such as children’s issues, or financial matters. Continue reading

Annual Child Support Adjustments

By Valerie L. Brown of Brown Law Professional Corporation

By now, most people will have filed their taxes and have received their Notices of Assessments setting out their income for the past year.  For separated and divorced parents, this often means sending a copy to the ex-spouse to review and adjust child support. For some, this can mean unwanted contact and conflict, or the hassle of financial disclosure and paperwork. Continue reading