A recent Ontario Court of Appeal decision could be seen to stretch the definition of spouse when it comes to spousal support and may spark more family law litigation, predicts one family lawyer.
“This is sort of a very specific issue in terms of who do we consider to be a spouse,” said Russell Alexander, the founder and senior partner with Markham, Ont.-based Russell Alexander Collaborative Family Lawyers.
“The traditional model is you’re living continuously under the same roof,” he told The Lawyer’s Daily. “This particular case kind of takes it to the next level. They were dating and … more »
TORONTO — Divorced parents at odds over arrangements for their child’s safety during COVID-19 have been turning to Canadian courts to settle custody disputes, sometimes in an attempt to limit one parent’s access to a child.
In one case, a father temporarily lost physical access to his daughter after taking her shopping in April without a mask. The child has asthma, putting her at higher risk of complications from the virus, and the judge expressed worry that the father would continue to dismiss safety guidelines.
In another case, a judge prevented a child from visiting a cottage with his father … more »
This week we will review: In-Person vs. Remote Schooling During COVID-19: Is it a “Medical” Decision? Or an “Educational” One?; and Court Rules on Remote vs. In-Person Learning for the Children of Two Teachers
Wednesday’s Video Clip: Day in the Life of Family Lawyer
Divorce Lawyer Russell Alexander weighs in on first major case testing COVID safety protocols
LINDSAY, Ontario—The Superior Court of Justice has ruled against a divorced father seeking
to keep his child from attending school in person, in a major test of a custody issue coming up
during the coronavirus pandemic.
In a case watched closely by Russell Alexander Collaborative Family Lawyers, the court granted
a temporary order that the child should be registered to attend school in-person starting in
September, reviewing the issue at Thanksgiving or later, or considering a compromise in which
the student would attend school part of … more »
Dad Loses 42 Percent of Income: Still No “Urgency” Warranting Motion to Vary Support; and Ontario Court Overrides French Order: Child Prohibited from Travelling to France to Visit Father
Wednesday’s Video Clip: BobFM Interview on Our New Book