“Access” is the legal term for the right of the child and parent to spend time together. Although they may not have a role in making decisions, a parent with
When it comes to divorce records, Ontario presumes that all civil and family litigation matters are public. The only way to seal a court file and take it out of
Residential real estate purchases are not always a straightforward process. Sales can take weeks between offer, acceptance and the deal “closing”. During these uncertain times, a lot can change between
‘Back to school’ is just around the corner, and with new regulations being considered around mandatory vaccinations for in-school learning, parents may be at odds over what to do. Whether
Irrespective of how a marriage/relationship ends there can be some mental health issues that may stem from its dissolution. The most important thing to know is that mental health affects
It is important to have legal representation for your small business as they can be a great asset for your business. Don’t be afraid to engage legal counsel at the
Ontario’s Succession Law Reform Act (SLRA) is a respected piece of legislation that was first enacted in 1977. As a result of COVID-19, the SLRA made a large number of
In most circumstances division of family assets in a divorce is split evenly between both parties, but there are some case scenarios that this might not be the case. We
Spousal support is the money paid by one spouse to the other after they separate or divorce. The purpose of spousal support is to: help a spouse become financially stable
When going through a divorce, does it feel like people are talking around you and not with you? Going through a divorce can be stressful. At Epstein & Associates, we
Although the two terms are often used interchangeably, Family Law is an umbrella term covering a broad range of legal topics that stem from family relationships. This includes spousal (i.e.
An uncontested divorce is a court proceeding where the parties are not disputing the claim of a divorce, as compared to a joint divorce application where the parties are mutually
With the stress of the pandemic and homeschooling children rising, many couples are finding it difficult to work on their marriage with calm heads. Living in lockdown for a year
Summer vacation in separated families can be difficult. It is an opportunity to have quality time with your children, without the pressures of a school schedule. However, decisions about how
A British Columbia Court recently ordered a paternity test to determine a child’s parentage, despite the mother’s contention that DNA testing was not in the best interests of the child.
A criminal trial is very different from a civil case. Here are some key differences and similarities between the two. We have outlined the similarities of the criminal vs. civil
Mediation is a process in which disputing parties agree to bring in a neutral third party to assist them in attempting to reach a settlement. Having said that, the neutral
Pregnancy is supposed to be a very exciting and beautiful time for you and your partner. But what if instead of painting your baby’s room and buying baby clothes, you’re
The Supreme Court of British Columbia recently ruled that all three parents in a polyamorous relationship were legal parents of an infant child they had been raising together. This case
How Separation Is Different From Divorce? If someone is considering divorce, it is important to fully understand the different situations and terms that are involved. One question that comes up
If divorce is on your horizon, you do not want to be ill-prepared. There will be a lot of important life decisions that you will need to make, but we
As Canadians, we often find ourselves being compared to the U.S in multiple areas of our lives. While things like recreational activities and sports might be a simple “who’s better”
In some divorces, emotions can run very high and this can lead to unfortunate consequences. A 2017 divorce and custody case between Andrew Berry and Sarah Cotton-Elliot is causing the
0589Divorce is not an easy process to go through. Though it can seem like a large and scary mountain you do not want to climb, here are a couple of
Separation agreements and court orders provide the opportunity to resolve family matters, but they do not legally end your marriage. The only way to do that is by getting a
Although the divorce process can be messy when determining the parenting agreement between you and your child’s parent you want that to go as smoothly as possible for the sake
Thinking of getting a divorce but are scared of the implications that follow? If you are thinking about divorce it is most likely because the negatives about your marriage outweigh
When it comes to divorce there are many ins and outs, government rules and regulations, as well as, overall procedures that are a part of the process. We have put
The unfortunate circumstance of ending a marriage because your spouse is an adulterer can be a painful reality for many people. Whether it ended because of a single affair, multiple
At Epstein and Associates, we know that during a divorce case, one of the main concerns will be protecting your assets. Our goal is to ensure that you leave the
A recent Ontario Superior Court of Justice decision, Sussman v. Fabrega 2020 ONSC 5162, highlighted the importance of both parents being involved in a child’s education, even when this objective
A Nova Scotia man who owes a minimum of $250,000 in court-ordered child support has been sentenced to four and a half years in prison. Joseph Power is being heavily
Coordinating Child Custody During Holidays Co-parenting during the holidays can be difficult as holiday celebrations produce some of the most treasured memories your child can have. For this reason, we
Background Parents are typically expected to support their children until the completion of at least one post-secondary degree. However, when a child defers post-secondary school or takes a “gap year”,
A family lawyer can assist in any legal issues between members of the same family. They represent clients in court for cases involving divorce, guardianship, adoption, domestic violence or almost
When it comes to being appointed Power of Attorney of someone’s property, health or wellbeing there are misconceptions of the decisions you are entitled to make. A Power of Attorney
We will address the top ten questions that come across your mind, but we have put together a list of a couple of questions that might be beneficial to you
Family mediation is very beneficial in legal situations involving parenting, support and property division whether in a separation or divorce matter. What is Family Mediation? Family mediation works in
The recent Ontario Court of Appeal decision, M.A.A. v. D.E.M.E. highlighted the importance of the voice of the child when deciding family law matters. The appellant in the case was
If you are in the midst of a child support case it is beneficial to hire a lawyer to assist with court proceedings and provide an overall knowledge of family
The first meeting with a divorce lawyer is to get more information about you, your family and soon to be ex-spouse. It can also be used as a touchpoint to
Thinking of divorce but unsure of where to start or what information you might need? Throughout this decision, wavering between living a single life and staying married can be a
A 2020 Federal Court ruling, A.P. v. The Minister of Citizenship and Immigration has some broad implications as to what constitutes a ‘conjugal relationship’ under Canadian law. The Background of
With school beginning now the question of if children will be returning to school online or in-person is a question on many parents’ minds. Chase v Chase, 2020 ONSC 5083,
It takes a lot of work to own and run a business. With so much time dedicated to managing day-to-day activities and communicating with clients, having a solid plan in
Child Custody and COVID-19 Vaccine Being subjected to working from home for the last five months or more may be leading some people to wonder if this is the “new
Bringing a Claim The plaintiff drafts a statement of claim, which explains and outlines the material facts on which the plaintiff will rely on. Once brought forward, the court will
Expert Advice An experienced lawyer can assist an individual in making sure they get everything that they entitled to during a separation. Provincial laws don’t necessarily always promote an even
A father was planning a vacation with his son and some family members when the Court stepped in and put an end to their proposed vacation plans. The father planned
In today’s society recognizing that while technology and social media are powerful tools that can help in the divorce process, they can also interfere with it. The pervasiveness of technology
If you get divorced in Ontario, the answer can be confusing. Divorce law in Ontario falls under the Family Law Act and it focuses on ensuring couples leave the marriage
At the point when you lose your employment, you likely will need to shift child support. The measure of child support should change dependent on your salary. You will need
There are many different issues that come into play with a common-law separation. The main thing to note is that you do not need to get a “divorce” if you
It is important to note that there is a very large difference between a Last Will and Testament and a Living Will (or what we call a Power of Attorney
Warranty for Newly Built Homes When you buy a newly built home or condo in Ontario, it comes with warranties through the Tarion Warranty Corporation. There are certain warranties that
For all divorced families it should be your responsibility and priority to make sure your children are being cared for in the best way possible. This may include limiting and/or
Why failing to take COVID-19 precautions seriously can lead to possible expulsion from the family household. We know we should be integrating social distancing, face masks and gloves into our
A majority of family law disputes are settled without the need for a formal court trial. Many parties utilize alternate dispute resolution, whether it be mediation or a mediation/arbitration process.
COVID-19 has been a devastating time for many. The economy is crashing, millions have lost their jobs, and too many are losing their lives. Though the virus does not discriminate,
The business as usual mentality is not the state of our current justice system in Canadian courts. The COVID-19 pandemic has resulted in the slight transformation of our court trials.
Since the start of this global pandemic there have been many Canadians that have suffered from employment loss. Losing a job can be devastating especially during these uncertain times. COVID-19
What Are Minute Books? A corporation’s minute books serve as the official record of the corporations’ activities. Both the Ontario Business Corporations Act (OBCA) and the Canada Business Corporations Act
An estate administrator/trustee (hereinafter referred to as the “Executor”) is responsible for dealing with the deceased’s affairs after their death and for administering their estate. When drafting a Will, the
As the spread of COVID-19 (“Coronavirus”) continues across the world, we have already seen significant disruption in all areas of our lives as public health authorities and governments make difficult
After tobacco, alcohol and drug addiction are the two most common substance addictions in Canada, with alcohol abuse significantly outweighing all other forms. Most adults with dependency are able to
A non-disclosure agreement (NDA) is a useful level of protection for information or intellectual property (IP) that is confidential and sensitive to an organization. An NDA can prevent important information
A child that doesn’t get the support they need through their parents’ divorce will almost certainly have to deal with some issues that may appear in later life, such as
An Ottawa businessman’s plans to outsmart his ex-wife and the court went up in flames, as the man admitted to burning over $1 million dollars in an attempt to circumvent
A Brief Analysis of Rook v. Halcrow 2019 BCSC 2253 In a recent B.C. Supreme Court case (Rook v Halcrow 2019 BCSC 2253), with its ruling published Tuesday, November 26th,
Recent updates to Canadian Federal Tax Laws have been amended to allow a separating spouse the ability to withdraw funds from their RRSP without incurring a tax penalty, so long
A Kansas man proceeding through family court sought an unorthodox method of resolving his legal issues, seeking to resolve the disputes “on the field of battle, legally”. David Ostrom, 40,
The way in which a divorce progresses is broadly dependent on the way in which the couple approaches it. In other words, the divorce process can be as easy or
For centuries, religious differences have brought people together and also divided them. In some families across the globe, when it comes to marrying outside of your religion, there can be
Divorce is final once the appropriate paperwork is signed, right? Not exactly. In some cases, there may be some room for you and your partner to change your minds, reversing
Just like when they were little, when your child goes through something difficult or emotional, they may look to you for advice, guidance, and help. While frequent calls and check-ins
Divorce doesn’t discriminate. Just because someone is famous, has lots of money and fans across the globe, doesn’t guarantee they’re going to have a perfectly happy, fulfilling, or flawless relationship.
When an older couple divorces after a long-term marriage, it’s sometimes referred to as ‘gray divorce,’ or those divorcing are considered ‘silver’ or ‘diamond’ splitters. ‘Gray divorce’ has specifically been
Divorce can feel complicated and overwhelming, especially when children are involved. However, what happens when the reason for divorce is the child’s gender, or maybe the gender identity of one
Divorce and cheating have never been so accessible. With many options for filing for divorce online or participating in cybersex, people from across Canada can largely navigate through both divorce
Would you consider getting divorced if it meant you could save some money? While you may be taken aback by this question, this concept is something presently buzzing around the
If your spouse has stepped outside of your marriage with another lover, it’s natural to feel a roller coaster of emotions. You may become angry, depressed, embarrassed, and/or broken-hearted. However,
You may have spotted the signs of divorce in your marriage and need to get some help. Divorce and separation can be a tough emotional time. The process of divorce
If you are going through a separation or a divorce, you know that it can be a hard and stressful time for everyone involved, including your children. When you’re separating,
Divorce and separation are never easy. There are so many things to consider and it can sometimes feel overwhelming. A common question we hear from our clients who are going
Divorce can be as easy or as complicated as both parties choose for it to be. In the case of a joint divorce, for example, both spouses agree on all
When parents are separating, or divorcing, the biggest challenge they face typically is deciding upon child custody. When it comes to determining child custody, the courts ask one question: what
The law states that parents are responsible for financially supporting their dependent children. If a couple separates or a marriage breaks down, regardless, child support may need to be paid
The ending of a marriage can be frightening enough, let alone having to appear in front of a judge when there’s so much at stake. In Ontario, when a marriage
A Parenting Plan is a document that can be agreed and drawn up by two parents who are separating or going through a divorce and it usually covers all aspects
When it comes to the division of property in Ontario after a common law relationship comes to an end, many people believe that they benefit from the same legal rights
When a marriage ends, deciding the equal distribution of assets to each person is a necessary step. Under the law, the value of any kind of property or assets that
The recent decision in Climans v Latner (2019 ONSC 1311) looks at whether a couple are deemed to be in a conjugal relationship for the purpose of awarding spousal support.
Talking finances is an uneasy conversation at any time and even more so when you’re about to get married. Whilst a prenup may be really beneficial for both of you
The amount and frequency of child support to be paid is determined by the residency of the child(ren), the Child Support Guidelines and based on the payor/parties’ gross income. This
Mediation in relation to family law is a process by which families that have recently broken down can discuss the legal arrangements for their separation, in the presence of a
If you have a will or plan on making a will, you also should know the number of ways it can be revoked or cancelled. Most commonly, marriages, divorce and
Most parents who separate or divorce make decisions on how to care and raise any children involved. Things like where the child will live, how much time children will spend
Updating a will can seem like a chore that can always be put off until tomorrow. Of course, we know that a will is specifically for planning what happens in
The recent decision of Beaver v Hill, 2018 ONCA 840, revisited the factors that affect the amount of costs that a court will order when a party is successful in
It can be both exciting and intimidating to face significant changes in your business. The prospect of a new venture or opportunity often comes hand-in-hand with added responsibilities or financial
