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May 10

Top 5 Questions About Restraining Orders

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Top 5 Questions About Restraining Orders

Given that failing relationships and the process of formally separating can be emotionally-harrowing at the best of times, it comes as no surprise that they can sometimes become volatile and even physical. In such cases, it may become necessary for one spouse or partner to obtain a Restraining Order against the other.

Here are the basic points to know:

1. Who Can Be the Subject of a Restraining Order? And Who Can Apply for One?

You cannot obtain a Restraining Order against just anybody. In the right circumstances you can only get a Restraining Order from Family Court against your spouse/partner (including same-sex partners), to whom you were formally married or with whom you lived together for any period of time. There is no requirement that you have had children together. However, you cannot obtain a Restraining Order against someone you were only dating, but did not live with.

2. When Can I Get a Restraining Order?

Anytime you are afraid that your spouse or partner (or former spouse/partner), will harm you or your children, you can ask the Family Court for a Restraining Order. Note that this request essentially launched legal proceedings, and the matter becomes part of the record and involves certain established processes.

The authority by judges to grant a Restraining Order is found in the Ontario Family Law Act, which sets out the requisite test. The person asking for the Order must show that he or she has “reasonable grounds to fear for his or her own safety or for the safety of any child that is in his or her lawful custody.”

3. Do I Need a Lawyer to Get a Restraining Order?

No. Still, it is a good idea to hire a lawyer to obtain a Restraining Order, particularly if your situation will soon devolve into a marital separation or divorce, scenarios involving child custody dispute, or if your need for a Restraining Order arises in circumstances that include issues around immigration.

4. What Does the Restraining Order Include?

The Restraining Order contains the conditions that your spouse must obey, which are set by the judge who grants the Order after considering all the circumstances. The Restraining Order can be general in scope (e.g. that he or she must stay away from you, or stay outside a prescribed distance from you), or can be more detailed and specific (e.g. that he or she is prohibited from coming to your home, the homes of your extended family members, your workplace, and other social or religious venues where you habitually go). It may also proscribe exceptions to these kinds of blanket prohibitions.

5. What Happens if the Restraining Order Is Not Complied With?

If your spouse fails to abide by the terms of the Restraining Order, then he or she can be arrested by the police, then criminally charged and prosecuted.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit us at http://www.RussellAlexander.com.

May 6

Top 5 Kids’ Books About Divorce

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Top 5 Kids’ Books About Divorce

When parents decide to divorce, their immediate focus tends to be on the details of their separation and the impending legal processes, which include making arrangements for day-to-day living, negotiating for proper support, and agreeing on and arranging for the division of property. And although the physical care and custody of any children of the marriage is often uppermost in most parents’ minds, the psychological well-being of the children can often get temporarily overlooked.

Here are some of the best books – aimed at the children themselves – that can help them deal with this difficult period:

1. When Mom And Dad Divorce

by Emily Menendez-Aponte and R. W. Alley (Jul 21 2006)

This book, which is available both in paperback and for download on Kindle, is written in a warm and reassuring tone, and is filled with comforting messages designed to help kids understand that they are not alone. It also emphasizes the point that the future will be alright – even if it is different from what they are accustomed to.

2. Two Homes

by Claire Masurel and Kady MacDonald Denton (Jul 14 2003)

Written in a positive and matter-of-fact tone, this book has a unique slant on divorce from a kid’s point of view, by focusing on what might be gained in the process rather than lost. It underlines the benefits to children of having two loving homes, each with their own environments and advantages.

3. Dinosaurs Divorce

by Marc Brown and Laurie Krasny Brown (Sep 1 1998)

This book is written for very young children, and features lively cartoon illustrations to help convey upbeat but straightforward information about why parents divorce, how living arrangements will change, what it means to have step-parents, and whether and how to tell friends.

4. The Suitcase Kid

by Jacqueline Wilson and Vicky Ireland (Nov 9 2010)

This book, available in paperback, hardcover, audiobook, and for Kindle, tells the fictional story of Andy West, a 10-year-old girl whose parents decide to divorce. Now that they have both remarried, Andy finds herself living out of her suitcase as she is shuttled back and forth between two houses, each of which feature new routines and new family members (in the form of step-parents and step-siblings). The book illustrates many important issues that plague the children of divorce, including an intense longing for the way things used to be.

5. What In The World Do You Do When Your Parent Divorce?: A Survival Guide for Kids

by Kent Winchester and Roberta Beyer (Mar 7 2007)

With its unusual question-and-answer format, this book sensitively answers those questions that kids have about divorce: what it is, why it happens, the logistics of living arrangements, and how to deal with the strong and confusing emotions that arise for those kids who find themselves in these scenarios. It is available in both paperback and for Kindle.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit us at Russell Alexander.com

Apr 15

Top 5 Tips for Dealing with the Family Responsibility Office

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Top 5 Tips for Dealing with the Family Responsibility Office

A while ago I wrote about the role of the provincial Family Responsibility Office (FRO) More About The Family Responsibility Office, Some Common Problems Addressed.  (For those who aren’t aware: In Ontario, all child support orders are automatically filed with the FRO, which operates under legislation giving it an arsenal of mechanisms by which to encourage and enforce timely payment of support on the part of the paying parent.)

If you are such a payor pursuant to a court-issued Support Order, here are five tips for dealing with the FRO:

1. Always keep the FRO updated on address changes.

Otherwise, you may miss out on receiving the various noticed that the FRO is required by law to give you. These may include a warning that the enforcement mechanisms that can be levied against you are about to be stepped up – for example a notice that your driver’s license is about to be suspended.

2. Keep the FRO apprised of your employment situation.

If you have lost your job, have been laid off work, or have had your income reduced due to disability or a reduction of overtime, then the FRO should be made aware. In such situations your next step may be to obtain a variation of the filed child support order that triggers the FRO’s involvement in the first place, which will in turn affect the FRO’s role and mandate in the enforcement process.

3. Don’t ignore anything you have received from the FRO.

Many of the processes involving the FRO allow for only a few days for you to respond; the FRO may quickly escalate the remedies available to assist with collection and you don’t want to be surprised by any of them. The FRO’s available avenues for encouraging your compliance and payment can include: suspending your driver’s license or passport, a garnishee of your wages (via a “Support Deduction Order” sent to your employer), filing writs or liens against your property, seizing your income tax refunds and HST rebates, seizing your bank accounts and – last but not least – imposing jail time of up to 180 days.

4. Document everything.

This includes not only your correspondence with the FRO, but also the paper trail of any support payments that you have made. Payments to the FRO can be made by way of internet banking or telephone banking and may be the easiest to document; payments by cheque or money order are more cumbersome to track. But regardless of the method, make sure to designate the FRO case number on any payment that you make.

5. Always make the mandated support payments if you can.

As mentioned, the FRO has a wide arsenal of options to deal with delays or non-payment, including jail time if necessary. Naturally, these shorter-term consequences should be avoided if at all possible. But there can be longer-term drawbacks as well: arrears in child support payments will show up negatively on your credit bureau report, which can affect you for years to come.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.

For more information, visit us at http://www.russellalexander.com/practice/family-responsibility-office-fro-and-default-hearings/

So what do you think?  Do you have any tips or comments for dealing with FRO?

Mar 5

New Feature Being Rolled Out By Familyllb’s Blog

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New Feature Being Rolled Out By Familyllb’s Blog

In the next few weeks will be featuring interviews by Russell Alexander with prominent lawyers.

We will examine issues that affect families going through separation and divorce and will be seeking insight from experienced divorce lawyers and general practitioners.

If you have a questions or issues you would like examined post your comment here, send us a tweet to @familyllb or visit us on Facebook at http://www.facebook.com/RussellAlexanderFamilyLawyers

In our inaugural blog, we are honoured to interview Pei-Shing B. Wang who is a Toronto-based lawyer practicing primarily family law.

Feb 21

Top Four Ways to Amend a Separation Agreement

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Top Four Ways to Amend a Separation Agreement

I have written before about separation agreements, and how they are a very useful – and one might say necessary – first step in the process leading to divorce between couples. However, as time passes a separation agreement drafted at the time of the formal split may no longer adequately address the needs of one or both of the parties later on. This may happen because circumstances have changed as the divorce approaches; alternatively one or both of the parties may not be following the terms of the negotiated agreement to the letter.

In such situations the separation agreement can be amended in one of several different ways. Here are those methods, and the main points about each that you need to know:

1) Change by Mutual Agreement.

At their essence, separation agreements are merely private legal contracts between two spouses; as such, they can be amended by mutual consent of the parties. Ideally, this will involve the assistance of an experienced family lawyer who can ensure that the desired changes are accurately and comprehensively included. The result will be an amending agreement or “addendum” which is dated and signed by the parties.

2) Mediation.

If the parties cannot agree on the nature or extent of the necessary changes, they may choose to have the assistance of a trained mediator to ease the amendment process along. The mediator will assist the parties to achieve negotiated, mutually-acceptable changes to the separation agreement which will better reflect their current needs.

3) Arbitration.

If consent amendments are not feasible and mediation is not likely to work, then the parties may choose to have changes implemented with the assistance of an arbitrator. The process is similar to going to court, but is less formal: This third party arbitrator will hear both sides, will help to narrow down the issues, and will assist in achieving a resolution that is binding on both spouses.

4) By a Court.

If none of these less formal solutions are appropriate or feasible in the particular circumstances, then the spouses may have no other choice than to have the matter determined by a court. Naturally, this involves the filing of relevant documents by each party, and attendance at a dedicated hearing to have the matter decided.

Needless to say, some of these methods are more expeditious and cost-efficient than others. Note that in general, courts are reticent to amend separation agreements unless there is some inherent flaw in the manner in which the agreement was reached in the first place, or where the spouses’ circumstances have change so significantly since the separation agreement was reached that it no longer fair and appropriate to let the original agreement stand. (And the concepts and tests that courts use to make this determination will be covered in a subsequent Blog.) The outcome will depend on the facts of each case.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit us at www.RussellAlexander.com.

Dec 27

Top 10 Familyllb’s Blogs of 2012

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Top 10 Familyllb’s Blogs of 2012

Well it has been another busy year for us as our blog has been viewed over 150, 000 times and we have received over 500 comments.  Thank you to everyone for your continued comments and support.

So in keeping with the year in review theme, here are our Top 10 Blog posting for 2012.

Number 10: New Proof of Parentage Requirements When Travelling with Children

This Blog examined why it’s important for parents to know that effective December 1, 2011, there are new proof-of-parentage requires for applications relating to travel by a child. These requirements are aimed at protecting Canadian children against child abduction, and designed to further enhance the security of the Canadian passport system.

New “proof of parentage” documentation required.

After December 1, 2011, for standard passport applications respecting children under the age of 16, the change involves a new requirement:  every application must be accompanied by “proof of parentage” documentation.

Number 9: Top Five Lottery Cases in Family Law

Lottery wins are a once-in-the-lifetime stroke of good fortune.   (At the least, they certainly happen less frequently than anyone hopes).  But in the case of married or common-law couples who buy the winning ticket, the joy of having a monetary windfall can quickly become tainted if they later separate or divorce, because issues often arises as to who gets the money, or how it is to be split.

So, in the unlikely event that these become relevant to our readers, this Blog reviewed the top five interesting lottery cases from across Canada.

Number 8: Ontario’s Bill 133 & Regulation for Pension Division to Commence January 2012

This Blog reviewed Ontario’s Attorney General Chris Bentley report that starting January 1, 2012, the pension division and valuation provisions in the Family Statute Law Amendment Act, 2009 will come into force. The changes are designed to make the family justice system more affordable, faster, simpler and less confrontational

Number 7: Top 5 Web Resources for Kids of Divorcing Parents

One of the most regrettable and usually unavoidable aspects of separation and divorce is the impact it can have on the children of the marriage. Even the most amicable separation-and-divorce scenarios are rife with challenges for all the parties, not the least of which are endured by the children who are the most emotionally ill-equipped to handle them. Parents may have difficulty knowing how best to support and accommodate their children’s needs during the difficult transitional period that inevitably accompanies the change in family lifestyle.

This Blog provided a list of the “Top 5” websites aimed at helping children through this phase.

Number 6: Wife Plans to Sue Ontario Family Responsibility Office for Husband’s Suicide

In the past few years, the government of Ontario implemented legislative amendments allowing drivers’ cars to be impounded and / or their licenses to be suspended in cases where they have failed to pay child support. This Blog took a look at how, according to a London, Ontario woman, this impact has directly caused the suicide of her common-law husband.

Number 5: 5 Ways to Make Sure Your Separation Agreement is Valid

Separation agreements can be a useful means by which separating spouses can take first steps toward unwinding their financial and family-related affairs by way of a mutual agreement. This Blog provided aa list of the top five ways to ensure that a separation agreement is valid and enforceable in Ontario.

Number 4: Top 5 Things to Know About the Canada Child Tax Benefit

 Soon it will be time to start thinking about individual income taxes, and all of the various components that go into providing the federal government with a financial “snapshot” for the past year.

For separated or divorcing spouses with children, one of those components is the Canada Child Tax Benefit (CCTB).

The Canada Revenue Agency (CRA) administers the CCTB, which is a monthly, tax-free benefit received on behalf of a child under the age of 18. Its purpose is to assist families with child-raising costs, and its value depends on family income, among other things.

This Blog examined 5 things to keep in mind about the CCTB.

Number 3: Top 10 Things to Know About Children and Passports

In this Blog we examined the relatively recent changes to children and the need to travel with passports.

Since June 1, 2009 all Canadians, including children travelling to the U.S., must present a document that is compliant with the Western Hemisphere Travel Initiative (WHTI). For entry into the U.S., this includes a Canadian passport or a NEXUS card when available.

Number 2: Top 5 Questions About Adultery and Divorce in Ontario

It seems that celebrity gossip tabloids will never have a shortage of topics to cover, as long as there are stories about extramarital affairs by successful, high-profile celebrities. Most recently, it has been alleged that Arnold Schwartzenegger fathered a child with the housekeeper employed in the home he shared with his wife of 25 years; prior to that, Tiger Woods has admitted to having sexual trysts with at least 14 women outside of his relatively short marriage.

In this blog we examine the role of adultery and Divorce in Ontario.

Number 1: 10 Things You Should Know About Child Support

This continues to be a very popular post and is evidence of the ongoing need that parents have to for information about child support.  This blog examines how all dependent children have a legal right to be financially supported by their parents. When parents live together with their children, they support the children together. Parents who do not live together often have an arrangement in which a child lives most of the time with one parent. That parent is said to have custody of the child. This arrangement can be written in a separation agreement or court order (sometimes called legal custody), or may occur without a written agreement or court order (sometimes called “de facto” custody). Either way, the parent with custody has the main responsibility for the day-to-day care of the child and has most of the ordinary expenses of raising the child. The other parent should help with those expenses by paying money to the parent with custody. This is called child support.

There you have it.  Our Top 10 Blogs for 2012.  Thank you  again to everyone who have visited our Blog and all your continued comments and support.

Oct 30

Halloween Special: Top 5 Tricks in Family Law Will Not Get You Treats

Halloween Special: Top 5 Tricks in Family Law Will Not Get You Treats

In the “spirit” of Halloween (pun intended) I thought I would do a little round-up of some of the most common “tricks” that Family Law litigants tend to play – and quickly find themselves in trouble with the court because of them:

• Failing to adhere to custody/access schedule. Courts naturally have the power to ensure that orders for custody and for scheduled access (including pick-up and drop-off times, and various scheduling aspects) are rigorously adhered to, and a parent can come back to court in situations where the other parent is not complying with them. With that said, the court will also be reasonable in assessing the realities: In the recent decision in Chatur v. De Los Reyes, for example, the mother had failed to bring the child to scheduled access visits with the father on three occasions, contrary to an earlier order. However, the evidence showed that the access visits had been rescheduled due to legitimate illness, due to conflicting nap times for the child, and because the father had been out of the country on one of the scheduled days. All of this was found to be reasonable as between the parties.

• Failing to pay child or spousal support ordered. Needless to say, courts also expect that orders in connection with payment of child or spousal support will be scrupulously followed by the paying party. The repercussions for failure to pay as ordered can come in many forms, including enforcement procedures and mechanisms implemented through the province’s Family Responsibility Office.

• Failing to attend family-relating hearings or comply with orders. Disregarding orders never goes over well with a court, and there are many, many examples of this in the decided Ontario cases. To use just one: in Peers v. Poupore, the mother was denied contact with the child except during scheduled visits at a Supervised Access Centre. Nonetheless, she showed up at the child’s school on numerous occasions, all part of her long history of being intransigent and disobeying the court. (She defiantly stated that “no mother would obey this court order.”) The court had no trouble finding her in contempt, and sentenced her to 30 days’ incarceration.

• Failing to disclose a material change in circumstances. By virtue of various express provisions in the Family Law statues, parties to a matrimonial dispute are required to proactively disclose (and on an ongoing basis to keep each other informed of) any material change in circumstances. For example, spouses have a continuing obligation to keep each other advised of any changes that may affect their respective ability to pay child or spousal support, or (if on the receiving side of support) to become financially self-sufficient. The court has various remedies for failure to do so.

• Hiding income for support purposes. Hiding income is a big No-No. The court’s remedies in the face of a paying spouse or parent who tries to hide his or her actual level of income include the ability to impute income at the level that is found to be appropriate, and to order that spousal or child support be paid on that higher, more accurate level.

Naturally, when faced with such misconduct by a Family Law litigant, the court has an arsenal of sanctions at its disposal. Amongst the more serious is a finding of contempt against the party committing the breach, which finding involve satisfaction of a three-part test, namely that: 1) the disobedient party was both wilful and deliberate; 2) the evidence shows contempt beyond a reasonable doubt; and 3) the order that was breached was both clear and unequivocal.

(And note that while technically under the Family Law Rules a failure to pay child or spousal support alone cannot be made the subject of a contempt of court order, the court will often find contempt based on related non-compliance, such as the party’s failure to satisfy his or her related disclosure obligations. See for example, the recent decision in Luckman v. Luckman, where the paying parent had a whole raft of related and contemptuous conduct relating to child support payments, including misleading the court and failing to provide relevant documents as promised).

Contempt orders have been called the “big stick of litigation”, and courts are not shy to impose them when warranted. Indeed, the availability of such measures is viewed as one of the cornerstones of the Canadian justice system, a sentiment that is reflected in this quote:

Contempt orders are serious business. No society which believes in a system of even-handed justice can permit its members to ignore, disobey, or defy its laws and its court orders at their whim because in their own particular view it is right to do so. A society which countenances such conduct is a society tottering on the precipice of disorder and injustice. – Mr. Justice Curtis in Peers v. Poupore (2012)

For the full text of the cited cases, see:

Chatur v. De Los Reyes, 2012 ONCJ 367 (CanLII)   http://canlii.ca/t/frqcd

Peers v. Poupore, 2012 ONCJ 306 (CanLII)   http://canlii.ca/t/frdwf

Luckman v. Luckman, 2012 ONSC 1153 (CanLII)   http://canlii.ca/t/fqhvk

Sep 27

1 Comment

The Top Five Things NOT to Expect from Family Court

 

The Top Five Things NOT to Expect from Family Court

This week, I wanted to briefly dispel some of the common misconceptions about what happens in Ontario Family Court – and in particular, what NOT to expect from the legal process.

1) Don’t expect to have your legal matter heard immediately.  

There may be great benefit to having matters adjudicated promptly and to having the parties’ affairs quickly wound up – especially in acrimonious family litigation, where emotions run high.  However, the Ontario legal system is saturated with unavoidable delays.    Litigants can expect to wait many months or even years to have their matters finally resolved, and this will be exacerbated when one or both parties take a highly adversarial stance in the litigation, injecting numerous interim motions and other steps which may prolong the process even further.  

Remember:  even at the best of times, the legal process takes time.  

2) Don’t expect to have your matter decided right away, either.

Unless there is an emergency situation (for example in cases where there is an urgent motion brought in connection with the custody or care of any children of the marriage), decisions of the court will not be made immediately at the hearing.

Rather, after hearing the parties, the court may take some additional days or weeks to render a decision, and to produce formal written reasons where necessary.

3) Don’t expect any hand-holding by the Judge.  

Generally speaking, it is always best to have competent legal representation when attending Family Court.   Although the Ontario justice systems does allow for litigants to be self-represented, the decision to go this route is fraught with inherent risks and pitfalls.  True, a court may be a little more understanding and patient with those litigants who choose to represent themselves, but the court has no positive obligation to do so, and certainly is not obliged to step in and help such a party conduct his or her side of the litigation, to give instruction on the relevant legal principles, or to help develop a litigation strategy.

4) Don’t expect TV-grade courtroom drama.

For those who have no regular exposure to the legal system, there may be common misconceptions about how that system works, usually formed from watching movies and television.   However, the truth is that in Ontario (and in virtually all jurisdictions), the real-life court process simply does not involve high-drama tactics such as lawyers brow-beating witnesses during abusive cross-examinations, or dramatic last-minute courtroom entrances with “surprise” witnesses who save the day for the underdog litigant.  

In reality, the court process is well-established, plodding, and rigorously-defined:  it involves certain procedural steps and requirements, strict adherence to laws and civil practice rules, .and sometimes tedious documentary review and other processes.

5) Don’t expect everything to go your way  

The resolution of family law disputes is complex, and involves not only the application of established legal principles and laws, but also the consideration of facts and various interests of the affected parties.  (For example, where there are children involved, the best interests of the child will generally govern the court’s determination).  

Therefore – as with all litigation – the outcome of any family law matter can go one of many different ways, and is not always solely dependent on the sheer strength of the parties’ respective legal positions in the technical sense.  

This may come as a particular surprise to those spouses whose temperament is of the “all-or-nothing” variety, and who have dug in their heels to insist the matter be resolved by a court rather than through alternative dispute resolution methods such as mediation or arbitration.  For such people, the eventual court-imposed outcome is not always to their liking.  This is always the risk that has to be taken when going to court.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at  www.RussellAlexander.com.

 

 

Jul 31

Top Five Questions About the Children of Common-Law Relationships

Top Five Questions About the Children of Common-Law Relationships

Common-law relationships are very common in today’s society.  Nonetheless, the legal issues surrounding support obligations or adoption by a non-parent are often not well understood.   Here are the top five points to note:

1) Is a common-law spouse obliged to pay child support?

As with parents who are formally married, the common-law parents of a child are both equally responsible for support.   This obligation lasts until the child reaches the age of majority (age 18 in Ontario), but can extend beyond that point if the child remains dependent because of disability, illness, or because he or she is pursuing post-secondary education.

2) Who pays support for a step-child?

A person who enters into a common-law relationship with someone who already has children may have to support a step-child.  It depends on whether in light of all the circumstances he or she qualifies as a “parent” under the Ontario Family Law Act, which definition includes “a person who has demonstrated a settled intention to treat a child as a child of his or her family.”

3) What if you want to adopt your spouse’s child?

A person who wants to adopt the child of a common-law spouse can only do so if the child’s other biological parent is prepared to give up his or her rights.  Once such an adoption takes place, the adoptive parent assumes all of the responsibilities of the biological parent in connection with the child, including the obligation to pay child support.

4) Who gets custody of a child if common-law partners break up?

Ideally, if common-law spouses decide to separate, they can amicably decide which of them should have primary custody of the child, and how access arrangements are going to be structured.   Any minor disputes about the scope or range of decision-making, or the nature, extent and scheduling of access, can be worked out with the assistance of a family law mediator.

However, if the common-law partners/parents cannot agree, then a judge may have to make a binding decision that will settle any outstanding matters.   As with children of parents who are formally married to each other, the governing principle to be applied to these decisions is always the best interests of the child.

5) Can a common-law couple adopt a child?

In Ontario, common-law spouses have the same rights as married spouses to adopt a child; they are also subject to the exact same requirements.  These include the requirement that they have both reached the age of 18, that they provide certain documents (e.g. medical reports, police clearance reports, letters of reference, financial statements, and similar) and that they participate in both a home study process and an education program.   The home study may be completed either privately, or by a Children’s Aid social worker.

For more information about the obligations that may arise in connection with children of parents in a common law relationship, contact us as http://www.RussellAlexander.com.

Apr 1

2 Comments

The First 5 Things I Learned At The 2012 American Bar AssociationTechshow

The First 5 Things I Learned At The 2012 ABA Techshow

Change was the theme of this year’s Techshow.  Changing technology and how the new changes can make people better lawyers and better serve their clients was prominent throughout the conference.

There was a lot of information and a ton of things to learn at Techshow which I plan to summarize in a later blog.  But for now and in keeping with the top 5 format of some of  my previous blogs, I thought I would summarize the first five things I learned at the 2012 ABA Techshow.  So here we go:

 

1. Power Point Presentations Are a lot of Fun

When presenting or speaking at a conference it is strongly recommended that you use a detailed power point presentation with bullets, graphics and lots of images.  This helps keep your audience engaged and improves the flow of your presentation.

 

2. The speakers and presenters at Techshow put in a ton of work preparing for their presentations

Speakers and faculty at conferences put months of work into their papers and presentations.  Papers are carefully crafted, researched  and developed to provide the reader with detailed, current and relevant information.  Presentations are reviewed and honed to ensure that there is not too much or too little material for time allotted for the presentation.

 

3. Lawyers interested in technology are a great bunch and love to have a lot of fun

Lawyers interested in technology are usually at the cutting edge of their areas of practice and are cognizant of many of the rapid changes occurring in the practice of law and in society general.  What is more, these  same lawyers also go out of their way to make connections, network, meet other conference participants and in the process have a lot of fun.

I been very fortunate to meet so many old and new colleagues and friends at this year’s ABA Techshow

 

4. Ben Stein is a great guy

Bueller, Bueller? Anyone, anyone?  That’s right the Ferris Bueller guy was our keynote speaker for this year’s Techshow.  So who is this guy?  Why is he speaking to a bunch of lawyers?

He is an intelligent, bright, affable and entertaining speaker.  Mr Stein presented the best Keynote address I have ever heard.  He is also an actor, law professor and former speech writer for Richard Nixon.

Mr Stein provided us with valuable insight into the practice of law, the role of lawyers and some of the more pressing  social and economic problems currently happening in the United States.  I am a wiser person after having privilege of hearing him share his thoughts and concerns with us.

 

5. You don’t get much sleep in Chicago

Chicago is a great City with a lot of history, wonderful architecture, culture and most importantly great people.

Between Techshow presentations, social events, Taste of Techshow dinners and walking around the wonderful City of Chicago don’t plan on getting much sleep.

Thank you to my fellow faculty for all their helpful hints and support.  I would also like the thank the Chair Reid Trautz  and the planning Board for the very kind invitation to me to help out.  It was both an honour and a privilege.

 

 

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