Bankruptcy and Equalization Claims

How does a spouse’s bankruptcy affect the other spouse’s rights in family law? It is clear that bankruptcy does not extinguish one’s responsibility to pay child or spousal support, nor does it relieve one’s obligation to pay any arrears that may have accumulated. Therefore, if a payor spouse makes an assignment in bankruptcy and there...... Read More

Law of Contempt

As I was about to pen this Newsletter, I came across a recent case that sets out an extensive and excellent analysis and summary of the rules and case law dealing with contempt of court orders. This difficult area of law most often arises in high conflict cases, frequently involving denial of access allegations. In...... Read More

Parenting Coordination

Parenting coordination is a disputed resolution process, which assists high-conflict parents in the implementation of their existing parenting plans or the parenting terms of a court order. The roles of the parenting coordinator have been identified as follows: Implementation and modification, where necessary, of the existing parenting plan; Ensuring compliance with the plan; Resolving disputes...... Read More

The Court Process – Step by Step

Once you have exhausted negotiations (or determined that, for whatever reason, settlement negotiations are not a suitable process to attempt to resolve the outstanding issues arising from your marriage breakdown), you are left with two possible avenues for resolution of the outstanding issues: initiating a court application or proceeding to arbitration. The following is a...... Read More