February 17, 2017

A spouse’s claim to spousal support is not based on whether the spouse’s actions have led to the breakdown of the marriage.  Rather it is based on whether that person has shown that they are entitled to spousal support because of the negative financial consequences suf...

February 9, 2017

Courts in Ontario resolve custody and access applications on the basis of what is known as the “best interests of the child”. The test is applicable under both the Divorce Act and the Children’s Law Reform Act. In order to determine the best interests of the child, the...

February 8, 2017

The term “access” in Family Law refers to the time the non-custodial parent has the child in his or her care. Access includes the right to make inquiries about the child and to be given information about the child’s health, education, and welfare. Day-to-day decisions...

February 7, 2017

There is no statutory definition of the term “custody”. Custody refers to the right and responsibility of a parent to make major decisions for his or her child. Major decisions generally include those decisions concerning education, religion and non-emergency health ca...

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