Family Law Blog

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Miller Thomson Blogs put a more conversational lens on Canadian law. See the diverse perspectives of our lawyers here.

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Ontario father’s failure to minimize COVID-19 risks costs him access to matrimonial home

April 13, 2020 | Hannah Rich, Katrina Kairys

The novel coronavirus (“COVID-19”) has created uncertainty for many families with custody and access arrangements. Not only has the pandemic exacerbated existing family law disputes, it has also led to new issues with respect to custody and access that courts...


COVID-19: Family law and access

March 26, 2020 | Taryn Simionati, Jeff W. Deagle, Stéphanie Tremblay, Emmanuelle Gascon

On March 15, 2020, the Honourable Justice Morawetz, the Chief Justice of the Ontario Superior Court of Justice suspended all regular court operations effective March 17, 2020, in order to protect the health and safety of all court users and...


Voice of the Child Reports

June 3, 2019 | Joanna Harris

Voice of the Child Reports (“VOC reports”) are a relatively recent development in the growing trend to recognize and incorporate children’s voices into matters that affect them.[1] This blog paper will answer four key questions about VOC reports. 1. What...


For Better or For Worse: Postnuptial Agreements and Intervention By the Court

April 10, 2019 | Joanna Harris

Postnuptial agreements are an increasingly popular method for spouses to protect their wealth from future claims from a separated spouse as a result of relationship breakdown. A postnuptial agreement is a form of marriage contract that is negotiated and signed...


Rights of Married versus Unmarried Spouses

February 20, 2019 | Joanna Harris

Common law relationships are increasingly common in Canada; however, many people do not realize the differing obligations and legal rights of married versus unmarried spouses upon separation. For example, in Ontario, Alberta and New Brunswick, unmarried spouses have no automatic...


Why a Lawyer Should Draft Your Separation Agreement in the Age of Do-it-Yourself Divorce Kits

January 22, 2019 | Joanna Harris

Many recently-separated couples look for ways to resolve separation issues and save the time and expense of consulting a lawyer. However using an online template separation agreement or a do-it-yourself kit, can significantly increase costs and take years to resolve....


Cannabis and Family Law

January 2, 2019 | Joanna Harris

On October 17, 2018, the Cannabis Act came into force, legalizing the recreational use, possession, and growing of cannabis in Canada, subject to some restrictions. This piece reviews implications of cannabis use in family law matters, primarily custody and access...


Social Media Postings Can Be Used Against You in Family Law Proceedings

December 4, 2018 | Joanna Harris

Billions of users of social media networks regularly share their personal lives on platforms such as Facebook, Twitter, Instagram, and YouTube. The content posted on social media networks may be unsecured, accessible by others, and permanently recorded. For these reasons,...


What are Section 7 Expenses?

November 20, 2018 | Joanna Harris

In a previous post, we discussed parents’ obligations to pay child support in respect of only the Basic Monthly Amount.  This piece considers the obligations in respect of Section 7 Expenses. As a recap, each of the Federal Child Support...


Three Important Things to Know about Basic Monthly Child Support

November 6, 2018 | Joanna Harris

The federal and Ontario governments share responsibility for family law in Ontario.  Some child support guidelines are under federal law, while others are under provincial law.  If you are divorced or have applied for a divorce, the Federal Child Support...


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This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.