Visit our Website
- When do child support payments in Ontario end?
- MP plans on private member’s motion to review Canada’s Divorce Act
- Facebook Privacy Issues and Ontario Family Courts
- Judges Interviewing Children during Ontario Family Court Divorce Cases
- Ontario Court Recognizes importance of Parental Alienation in Divorce Case
Latest Blogs
- Child Adoption
- Child Custody in Ontario
- Child Support
- Child Visitation
- Cohabitation Agreements
- Collaborative Law
- Common Law Marriage
- Divorce
- Divorce Lawyer
- Family Law Changes Ontario
- Family Property Division
- Marriage Contracts
- Mediation
- Prenuptial Agreements
- Questions and Answers
- Same Sex Marriage
- Separation Agreements
- Spousal Support
- Support Orders
- Toronto Divorce Lawyers
- Toronto Family Lawyers
Categories
Archives
Related Blogs
Tag Cloud
Follow Us on Twitter
Find Us on Facebook
Toronto woman sues Rogers after husband leaves, will need divorce lawyer
Normally, it’s a hassle to get information on an account from a cable company, or even to request a self-addressed, stamped envelope to pay the bills if you’re not the designated account holder.
However, Rogers Communications thought nothing of bundling a woman’s cell phone services with her husband’s phone, internet and cable bill. Unfortunately for the woman, the slew of secret phone calls on her cell phone bill revealed she was having an affair, and her husband walked out
The woman, Gabriella Nagy, is suing Rogers for an invasion of privacy and breach of contract to the tune of $600,000
Her cell phone account was under her maiden name, and the rest of the home’s services were under her husband’s name. In June 2007, her husband set up an internet account and soon after, Rogers sent the husband a bill with all of the home’s services listed – including her cell phone. Her husband called the suspicious number on the bill – which she’d called repeatedly and spoke with for hours – and the person on the other end confirmed the affair.
Rogers maintains it’s not their fault that the woman had an affair or that the marriage broke down
“The marriage breakup and its effects happened, or alternatively would have happened, regardless of the form in which the plaintiff and her husband received their invoices for Rogers services in July 2007,” says Rogers’ statement of defense
Nagy also claims that her marriage falling apart upset her so much that she lost her well-paying job.
This should be an interesting case for the divorce lawyer who handles this one!
Filed in Divorce, Divorce Lawyer • Tags: Gabriella Nagy, invasion of privacy and breach of contract, marital affair, Rogers, Rogers Communications
In Family law in Ontario Financial Disclosure is Key
Personal financial information is a private matter that most people guard carefully. On occasion one may release it for the purposes of applying for credit or for taxes. In the case of family law, it’s one of the most important components when it comes to spousal and child support.
Many family law disputes are the result of some kind of financial issue – from income statements for child and spousal support to the proper division of assets.
These financial statements, as well as many other statements, are expected to be sworn statements. The statements can include things like tax assessments, tax returns, statements of earnings and other income forms depending on whether the person in question is employed or is the owner of a business.
These statements are extremely important because they’re used to determine things such as spousal and child support amounts, as well as the lengths of time they’ll be paid for.
If the financial statements are not accurate or provided, there are a slew of consequences. These consequences can include hefty fines if the financial statements are inaccurate or not forthcoming by a certain date, being forced to cover the fees of the other ex-spouse during the proceedings, or one can even be held in contempt.
A family lawyer can help you make sure all of your financial statements are accurate and in order so that any family law proceedings go as smoothly as possible.
Filed in Divorce Lawyer, Family Law Changes Ontario • Tags: financial statements
April 25th, 2010: Parental Alienation Awareness Day
April 25th will be International Parental Alienation Awareness Day. Countries such as Canada and Australia will be holding events to commemorate the day, and 15 U.S. States have signed proclamations recognizing the day.
Few people know what parental alienation is until they have to deal with it during a divorce and custody battle or someone close to them experiences it for themselves. In Canada, the day will be organized by the Parental Alienation Awareness Organization, who aim to educate anyone possible (including the public, police, religious leaders, schools and parents themselves) on the effects of Parental Alienation and how it is becoming perceived and accepted more and more as a form of child abuse.
Parental Alienation is the slow “brainwashing” of a child into not wanting to speak to, see or spend time with the other parent. It is typically done by the primary custodial parent, but the parent doing the alienating might be unaware of the complete scope of their actions and how it affects their child, which is why April 25th has been made as such. Parental alienation It can be subconscious or deliberate, and may not always be a parent doing the alienating. It could be a relative or another adult that the child trusts.
A study reported by the Faculty of Law at Queen’s University in Kingston found that mothers are twice as likely as fathers to alienate children from the other parent, although this is likely because more women end up with custody of their children. However, a small amount (just under two per cent) of cases studied found that a parent who only had access to a child was still able to alienate the other.
The study also found that the Ontario family court system only began to recognize parental alienation in 2005, but is not yet prepared to call it a “syndrome”, preferring that mental health experts determine the full extent of the damage done.
In only 10 per cent of cases from 1989 to 2008 was custody swapped from the alienating parent to the alienated parent, and 26 per cent of cases were ordered to go to counselling for the alienation.
Filed in Divorce, Divorce Lawyer • Tags: parental alienation, parental alienation day, Parental Alienation Syndrome
Facebook’s privacy settings during a Divorce
It’s safe to say that Facebook can be a willing party in the breakdown of many marriages, and it’s only going to become more prevalent as more and more people begin to use it. These issues can include people contacting old flames or the discovery of photographs of various indiscretions, and more.
But during divorce and custody battles, Facebook is also growing as a way for one side to get more information on the other. Even as the technology grows, many users are still unaware of the privacy settings Facebook has.
A simple contradiction in your information, an inappropriate photo or comment from a friend can provide ex-spouses with ample ammunition against you during a divorce.
Recent cases across North America have found custody arrangements seriously altered after photos of younger teens drinking while under the care of an inattentive parent hit Facebook, the confirmation of adultery by finding a persons relationship status had changed (from ‘in a relationship’ to ’single’) and those with habit of tweeting their locations all day might find that it’s easier to be served that way.
Various studies across the continent are also finding a rise in the citation of websites like Facebook in divorce proceedings.
In Ontario, it’s not much different. Facebook can already pose a multitude of problems for employees if their employers are monitoring them, and a few Ontario divorce cases have seen Facebook pages preserved for evidence, or motions sought to prevent the deletion of content.
Most facebook users are unaware that their comments may be seen by more than just their own circle of friends. It can be ranked by search engines, or shared with everyone via screenshots. Learn your privacy settings, and be careful who you let view your Facebook page.
Filed in Divorce, Divorce Lawyer • Tags: facebook divorce, facebook privacy, privacy settings
When co-parents divorce: Jesse James and Sandra Bullock
Days after actress Sandra Bullock won a Best Actress Oscar for her role in The Blind Side, news outlets came forward with the story that a woman was claiming to have been her husband’s mistress for over 11 months. Her husband, Jesse James, is a television personality that started on the Discovery Channel show Monster Garage and is currently the head of West Coast Choppers. Bullock and James married in 2005, after meeting on a tour of the set of his show.
It’s alleged that Bullock found out only eight days after winning her award, and she has canceled numerous promotional appearances since. Several other mistresses have also come forward, and James has since apologized but not elaborated on which allegations are true or false.
Bullock has no children, and James has three children from previous relationships. He has a daughter and a son from his first marriage, and a second daughter with his second wife, an adult film actress named Janine Lindemulder. Because of Lindemulder’s severe legal troubles (which have led to jail time), James sought and was granted full custody of their daughter, six-year-old Sunny. Lindemulder is still allowed weekly visits during daytime hours.
Various news outlets have reported on Bullock and Sunny’s bond, as Bullock has been co-parenting Sunny with Jesse James. While there has been lots of speculation on whether Bullock may try to gain custody of Sunny in the event that they do divorce, news outlets are now reporting that she will in fact go ahead and fight for custody. Lindemulder herself has also said that she is supportive of Bullock and Sunny’s relationship and that she would not get in the way if Bullock were to try to obtain custody.
Unfortunately, infidelity doesn’t have much bearing on custody results. However, Sunny is only six years old and Bullock has arguably been parenting her for nearly her entire life as her biological mother has been deemed unfit.
If Bullock and James were Ontario residents and Bullock requested custody of Sunny, the courts would look at whether Bullock provided financially for the child, the nature of their relationship and whether Bullock had maintained in both private and public life that she was Sunny’s parent and acted in such a manner. After determining whether Bullock was indeed a parent to Sunny, the courts would have to look at other factors to determine how custody between Bullock and James would play out. His behavior may not make him an unfit parent by default, but it may be considered if it hurt Sunny in any way or affected his ability to act as a parent.
Both Bullock and James would then have to make their case as to their relationship with the child, their willingness to raise and take care of the child and how they plan to do so, the stability of their homes and other factors. Blood relations are also considered, as is the choice of the child herself. While it is unlikely in this case, if the proceedings were in Ontario, that Bullock would be able to take full custody of a child whose biological father who has already won custody, she should be able to get partial custody or visitation.
It’s heartbreaking when a step-parent enters into a home, essentially becomes a part of a family and then the marriage doesn’t work out. But this case goes to show that a divorced step-parent can very much still be a part of their step-children’s lives, no matter how young the child is, by requesting custody.
Like any custody issue, the applicant’s case must be very strong, well thought out and well represented. A family lawyer can set you up for success in any custody or divorce-related situation.
Filed in Child Custody in Ontario, Divorce, Divorce Lawyer • Tags: jesse james divorce, sandra bullock
Bill proposes shared parenting for Canada
Bill C-422 is a private member’s bill that intends to potentially change Canada’s Divorce Act. It wants judges to grant equal shared parenting in the majority of custody disputes – unless abuse is involved and it’s proven so. The Bill is so far just another victim of the proroguing of Parliament this winter and was delayed significantly, but now that Parliament is back in session it may be back on the table.
Supporters of Bill C-422 say that the current system lacks objectivity and that fathers are being “shortchanged”, while opponents of Bill C-422 say that the bill is unnecessary and will only be bad news for mothers and children.
When it first came to the surface in 2009, the bill brought with it concerns about women’s and children’s rights during a divorce. Equal parenting would make it mandatory for the couples to determine how the custody will be divided and would necessitate half of the time spent with one parent and the other half of the time spent with the other parent. Equal parenting would also do away with child support as we know it for most families. Many other countries such as Australia and Great Britain as well some US states support equal parenting.
Many men’s groups are saying that judges are biased towards them, or that their ex-spouses can make allegations of abuse – that turn out to be false – that sway the judges’ decisions anyway. The London Free Press reported on the Bill recently quoting a domestic violence expert who said, “there are cases that involve false allegations, but they’re a small minority.” He also said that the current court system is designed to find these cases of abuse and ignore false allegations, while there are too few victims of domestic violence even in 2010 that seek out help.
The bill was delayed and re-introduced in early March, but a vote has not yet been scheduled.
Filed in Child Custody in Ontario, Divorce, Divorce Lawyer • Tags: Bill C-422, shared parenting
Choosing the Right Divorce Lawyer
They have a solid reputation
Spend some time on Google, speak to trusted friends and conduct some preliminary research. A few clicks of a mouse can provide you with enough reason to hire – or not hire – a particular lawyer or firm.
They guide you through the process.
A great divorce lawyer listens and works with you to achieve the best outcome possible. They don’t promise vengeance, but they take notes and are able to devote enough attention to you and your case.
They’re focused and experienced.
The lawyer for you has likely handled many similar cases and knows the family law world inside and out. They’re also able to effectively communicate this to you without risking the confidentiality of their other clients.
They put themselves out there for you.
A huge sign of a good family lawyer is that their goal is to keep you informed and educated about the process and how they can help you. They have a blog, are active in social media and networking and have a fully-functioning web site that’s constantly being updated with the latest divorce news, as well as offering basic advice throughout each page.
Choosing who you want to represent your best interests in a major life event like a divorce can seem overwhelming, and there’s ads everywhere imaginable letting you know who’s around to “help” you with a quick and easy divorce. Unfortunately, divorce is rarely a quick or easy process, and you’ll need be able to recognize the individual or firm that is best suited to represent you.
Filed in Divorce, Divorce Lawyer • Tags: choosing divorce lawyers, Divorce, divorce lawyers, family lawyers, Toronto Family Lawyers
Bill to assist First Nations Women during divorce delayed by the Olympics
In most of Canada, in the event of the breakdown of the marriage there are laws governing matrimonial property that prevent one spouse form ending up on the streets. Similar laws don’t apply on First Nations reserves, where they have their own laws to govern divorce, which unfortunately are seriously lacking any mention of the fair division of matrimonial property. The Indian Act is what governs First Nations, not regular family provincial or federal laws. This fact leaves many First Nations women struggling or even homeless in the event of a divorce.
Because the reservations are typically such a tightly-knit community, many women who are faced with divorce or the breakdown of their marriage because of abuse, have to leave the entire reserve – and their families and friends – to get themselves into a stable situation. Otherwise they find themselves on the streets, in shelters or fighting for custody rights with little help or support from the law.
The Ministry of Indian Affairs had put forth a bill, Bill C-8, that would incorporate matrimonial property division for First Nations people living on reservations.
So far, the bill has been both positively and negatively received by the First Nations community, with a few mentioning the statistics of First Nations women being left to fend for themselves is exaggerated. However in Canada, Native women are five times more likely to die as a result of violence and if the amount of missing and murdered First Nations women were relatively compared with the rest of the population, it would total 9,000 or so missing and murdered non-First Nations women since 2000 alone.
Bill C-8 was supposed to be presented in Parliament in January, but the proroguing of Parliament has delayed the bill until after the Olympics when Parliament resumes.
Filed in Divorce, Divorce Lawyer • Tags: Bill C-8, First Nations Divorce, The Indian Act
Turkish Man Divorces Wife after learning he is the Father of only One of her Twins
Bizarre as this may sound, it is apparently true.
Last week, a man in turkey had his suspicions confirmed when he received the DNA results of the three-year-old twin boys he shares with his wife. The DNA testing confirmed that only one of the twins was his, and that the other was fathered by another man, according to reports.
The mother of the twins has maintained that she had been seeing someone else prior to being forced into the marriage. She has since taken out a restraining order against her husband’s relatives and her own because she was receiving death threats.
This type of circumstance isn’t something seen often on Maury Povich. While much more common in animals like cats, dogs, lizards and snakes, there are instances in which twins can arise from two different sets of sperm, called “heteropaternal superfecundation”, and there are many recent news reports of this phenomena occurring all over the world.
A woman may release two eggs, which is very rare in itself, and each of these eggs is then fertilized by one sperm each, creating a set of fraternal twins that may only look as similar to one another as the average siblings. In fact, last year in the United States a set of twins was born to one mother and father of two different races – one twin had much lighter skin, eyes and hair like the mother and the other twin had darker skin, hair and eyes like the father.
In Canada, couples can obtain a divorce due to the marriage breaking down because of adultery without having to go through the mandatory one year separation period prior. We have yet to see a case of heteropaternal superfecundation as a grounds for divorce in Canada but you never know.
Filed in Divorce, Divorce Lawyer • Tags: heteropaternal superfecundation, turkey, twins
Easing the Pain of Divorce and Separation: Halifax “Divorce Fair” the first of its kind
Life After Divorce and Separation
Canada’s first-ever divorce fair opened for a two-day event this past weekend in Halifax. The organizer, Maria Franks, said she got the idea when she saw news reports about thousands of people attending a similar type of event taking place in Paris, but decided to add something unique: “his and hers” dates, one day each for men and women only
One of the biggest goals of the fair was emphasizing finding a new life after divorce.
“We’re not promoting divorce, we’re just saying this is the reality,” Franks said, “it’s stressful and it’s sad … but once it’s over, it can be the beginning of a new and better life.”
Options for Divorce
Reality, indeed. New survey data reported last year showed that half of marriages don’t end in divorce like previously thought, but the number is still quite high: almost 40 per cent of Canadian marriages end in divorce – events like this might just become more common in the future.
Many of the vendors also wanted to inform people of the many options that are available to them when going through divorce, aside from a costly court battle. In fact, the vendors at the fair aimed to offer advice on a number of divorce and separation-related topics that end up causing arguments and make the process more difficult than it has to be, including selling a home after a divorce, easing stress, childcare, financial issues and getaway vacations to refresh body and mind.
Vendors and booths at the fair included real estate companies, travel agencies, lawyers, financial service agencies and hair and makeup artists – divorce doesn’t have to be ugly.
Call us for a Consultation for Divorce and Separation at our Toronto Law Office
Informing yourself about the divorce and separation process if you’re facing a pending divorce can help you adequately prepare for what’s to come. Call Niren and Associates Family Law Practice at 416 222 4555 or e-mail info@divorcesupport.ca for a confidential consultation.
Filed in Divorce, Divorce Lawyer, Toronto Divorce Lawyers • Tags: Divorce Fair