Nondisclosure is “A Fraud of the Court” | Russell Alexander Collaborative Family Lawyers.
It is difficult to feel as though you are forcing your child to visit their parent if they do not want to. However, if your partner has court ordered access rights, you are responsible to ensure that they attend their visit. The court looks poorly on parents who do not facilitate a relationship between a child and their parent. Your responsibility to foster this relationship applies even if your child has special plans or is sick during a scheduled access time. Stopping access between your child and their parent is only permitted in very limited circumstances; such as if you fear your partner is harming your child. In these situations, you may have the obligation to report this harm to the Children’s Aid Society. In order to stop access altogether, you will need to go to court to change the access arrangements. If you are concerned about access between your child and their parent, it is always advisable to speak to a family lawyer to learn more about your rights as a parent.
On Hearsay and Text Messages. The warning by the Ontario court in a recent case was straightforward: Family litigants need to be wary when including text messages and emails in their affidavit evidence. In Chrisjohn v. Hillier the parents were in a custody battle over a their 3-year-old child. The father, who was the primary residential parent, brought an urgent motion to have the child returned to him. The mother had been withholding the child from him, even though she was only entitled to restricted access under a prior court order. She accused the father of having a substance abuse problem, and justified keeping the child because – based on her observations at a recent access exchange – she had concluded he was drunk or at least had been drinking when he took over the child.
These days it is rare to find someone over the age of 12 who doesn’t own a Smartphone of some type. These impressive little devices are filled with an array of apps and hi-tech features, including the ability to record dazzlingly-accurate photos, videos, and sounds.
Generally you should not be accessing your spouse’s Facebook account unless you would normally do so. For example if you had a shared Facebook account during your relationship, it would still be acceptable for you to access it after a separation, but if you both had your own Facebook accounts and you would typically not access your spouse’s account during the relationship, you should not access it after separation either. Even if you know your spouse’s password and set up the account for them, you are still not entitled to access their Facebook or other social media accounts. A good rule of thumb is, if the only reason you are accessing a personal account which belongs to your spouse is to see what they are doing and/or who they are taking to, then that action is not appropriate.
1. How Covid-19 and Pandemic Affects Child Support – 00:34
2. Child Support – 01:52
3. Parents and Guardians – 03:33
4. Child Support and Who Pays it – 04:38
5. When to apply for Child Support? – 06:13
6. When does Child Support End? – 07:46
7. How Child Support is Paid – 09:46
8. Access When Child Support is Not Paid – 12:00
9. Enforcement of Child Support in Ontario – 13:44
10. How to Reduce Child Support – 16:49
Full article: https://familyllb.com/2021/03/23/10-t…
- What Is A Marriage Contract?
- How are they binding and enforceable?
- What can be included in a marriage contract? Does it have to be fair?
- Can a marriage contract be overturned?
- Why enter into a marriage contract?
- What is spousal support?
- What is the legal basis for obtaining spousal support?
- What factors dictate the duration and amount of spousal support?
- How does the spouse’s behaviour affect spousal support entitlement?
- What happens if there is a change in circumstances?
A decision called Ivancevic-Berisa v. Berisa shows what Ontario courts can do if one spouse refuses to co-operate in selling the matrimonial home post-separation.
In this law video, Darla review the steps required to fill out a financial statement for the family court or negotiating the terms of your divorce settlement. When entering into a Separation Agreement or bringing an Application before the Court, parties must provide full financial disclosure. Complete financial disclosure is a prerequisite to the settlement of any family law case. The Family Law Act and its interpretation by our Courts, leaves no uncertainty in this respect. Any agreement can be set aside if a party has failed to truthfully and accurately disclose his or her financial position.
