Decision-making responsibility (formerly referred to as “custody”) is the right to make important decisions about how your child is raised and cared for.  These decisions in… Read More

You may have gone into your divorce believing that you would be free of your narcissistic partner.  Unfortunately, that is not always the way things happen, and your ex’s behavio… Read More

Spousal support is a monetary payment that one spouse may be ordered to pay the other for their financial support at the end of a marriage or relationship involving long-term cohabitation.&n&hell…Read More

If there is one thing that divorcing parties can usually agree on, it’s that divorce is expensive.  This unfortunate truth is well known to family law lawyers and their clients, b… Read More

Divorce is a part of life in the 21st century.  In fact, 1 in 5 Canadians reported that their parents are divorced or separated.  Divorce is so common in today’s world that a… Read More

Parents typically have the final say over what is best for their children. This parental authority includes the decision-making power over with whom their children connect and spend time and… Read More

Divorce is notorious for being one of the most difficult times in a person’s life.  The process is emotionally taxing and rarely simple.  Unfortunately, the division of asset… Read More

Divorce is often a distressing and emotionally taxing experience.  Unfortunately, when children are involved, divorcing parties cannot simply walk away from one another and never look b… Read More

Family violence has not historically been recognized as a civil tort, but recently in the matter of Ahluwalia v. Ahluwalia, 2022 ONSC 1303 [Ahluwalia], Justice Mandhane of the Ontario Superi… Read More

If you are a parent and find yourself going through a divorce, we understand that the most challenging thing you’re facing is learning to co-parent your children under your new circum… Read More

Children of divorced or divorcing parties may be exposed to some form of Parental Alienation. One parent (or sometimes a third party in a child’s life) may attempt to undermine an in… Read More

Whether you’re getting married or planning on moving in with your partner, having a contract in place can save you stress and hardship in the future should your relationship end. Plan… Read More

A prenuptial agreement, also known as a domestic contract, marriage contract or cohabitation agreement depending on the nature of the relationship, is a contract that sets out how a couple… Read More

Divorcing From a Narcissist: What You Need to Know The process of a divorce is never easy. Not on you, not on your spouse, and of course, not on your children. This is true even with the si… Read More

If you’re in a common-law relationship, you’ll need to protect your rights during the relationship and even after it ends. This is especially important since common-law partners… Read More

Children undergo many changes in their lives that can have a profound impact on their development and psyche. Events such as going to school for the first time, the death of a pet, moving t… Read More

The family is the rock on which you build your life. You do everything you can to protect your family, and it seems nothing else can be more important. When everything is going well, your f… Read More

Some family law cases proceed without a hitch. The court expects all parties to complete their case before the decision-making process.  All parties should be able to present their case… Read More

A prenup is always a controversial topic to bring up when discussing marriage. It typically puts a damper on the excitement. It also brings forth issues of trust that might make your future… Read More

Each year, thousands of children are told their parents are going to divorce. Of course, no one goes into a marriage thinking that it will end, and no one willingly has children just to put… Read More

Child custody and access are often significant issues when parents separate or divorce. It becomes even more complicated when one parent wants to move further away from the other parent wit… Read More

A divorce is always difficult for everyone involved, especially if there are children. The emotional impact of a failed marriage is unavoidable, even when the separation is amicable. Howeve… Read More

In divorce proceedings, the court usually awards child custody to one of the parents. This limits the other parent to only having visitation rights.  In some cases, both parents are ab… Read More

A contentious relationship between spouses or partners after divorce or separation can often lead to getting back at each other. In cases where there are children involved, custody usually… Read More

Writing a separation agreement is the farthest from your mind during your wedding. But, getting separated is one of the possibilities that couples may face these days.   In Canada… Read More

The bond between grandparents and grandkids is a special one. Most grandparents enjoy doting on their grandkids, treating them with love and care.  When the relationship is good, grand… Read More

In 2020, roughly 2.71 million people filed for a legal divorce in Canada. The number has been steadily rising since 2000, when 1.88 million people filed for divorce in the country. With the… Read More

The process of getting a divorce can be taxing in several ways, starting from the time you first consider making that choice for yourself and your family. Emotionally, this is a life choice… Read More

After deciding to end your marriage, the real work towards doing so begins.  For some, the immediate step is to obtain legal representation and begin to communicate with your soon-to-b… Read More

If you divorce or separate, you’ll have to make many important decisions, including how you’ll manage your finances and where you’ll live. If you have children, you focus… Read More

Divorce may sound straightforward, but it’s not easy for a couple to decide to end their marriage. Both parties often spend a lot of time addressing problems before deciding to file a… Read More

Everyone must have a proper will so we can provide guidance to the people we leave behind. A proper will allows your loved ones to carry out your last wishes correctly and without… Read More

Divorce and business ownership are probably two of the things that are farthest from the minds of couples who recently got married. However, if you and your spouse are running a business tog… Read More

If you want to learn how to cancel child support, you should first understand what it is and what it covers in Toronto, Ontario. Child support is money paid by one parent to another as assi… Read More

Healthy marriages will benefit not only the couples’ physical and mental well-being but also the children’s. Growing up in a happy, loving home will protect children from social… Read More

It’s a story heard far too often – the relationship was a dream until the marriage, and then the true colours started to appear. Sometimes this can refer to simple things such a… Read More

Many of the words utilized in family law practice are foreign to someone who’s just starting the divorce process. Here are a few popular Family law terms and definitions for those who… Read More

Single parents, particularly single fathers, face several problems. Children of single parents frequently witness emotions that they wouldn’t see if their parents shared a home. Wheth… Read More

Family is the basis for society, but sometimes things can get very tough within families too. This is why the family law courts are there. They are the final arbiter when things get too comp… Read More

The COVID-19 pandemic has affected all individuals, families, and businesses. Whether you’ve lost a loved one or lost your job, this virus has impacted different aspects of people&rsqu&hell…Read More

Are you struggling to find balance between providing your kids with the best and latest things in life while trying to save your children from being swallowed by the trends and demands of so… Read More

Making a living will is probably not as much fun as filling up a baby registry when you’re a new parent. It might, however, be the first step toward becoming a parent. There’s n… Read More

Adoption of older children is in high demand in Canada. It’s an excellent method to start or expand your family. You’ll be working closely with private adoption practitioners or… Read More

Navigating Child Custody During the Pandemic As with all aspects of our lives, COVID-19 has forced us to adjust to new ways of living. It’s made us redefine our “normal.”… Read More

Children are frequently the most important issue for spouses through a separation or divorce. Custody, visitation, and child support issues are usually difficult to resolve, and when parent… Read More

Domestic violence isn’t often as clear as it appears. Domestic violence is about dominating someone’s thoughts and emotions just as much as it is about injuring them physically… Read More

Going through a divorce is an emotionally stressful time for both spouses and even their children. A lot of stress is expected during the divorce; that is why having proper guidance and assi… Read More

If you know or believe that someone you care about is a victim of domestic abuse, you may want to help them but are unsure of what you can do. Don’t let your fear of saying anything in… Read More

A marriage contract in Canada could mean two things. First, it is a prenuptial agreement which is a contract entered into in contemplation of marriage. Second, it is a postnuptial agreement… Read More

For those who don’t spend their days working in the world of the law, it’s natural to think that appeals of decisions might be the norm. However, appeals aren’t always allo… Read More

For those who don’t spend their days working in the world of the law, it’s natural to think that appeals of decisions might be the norm. However, appeals aren’t always allo… Read More

A decision from the Supreme Court of British Columbia has been making headlines after the court held that three members of a polyamorous relationship can be registered as a child’s off… Read More

One of the smaller impacts COID-19 has had on family law is the underscoring of how backlogged the courts are with family law cases, and how parties involved in intense bickering and litigat… Read More

One of the reasons people may incorporate a company is to shield themselves from personal liability should the company be sued or go bankrupt. This protection that shields the owner of a com… Read More

While it’s true that most decisions related to custody and access of children involve one of the children’s parents, there are sometimes other parties who may pursue access to a… Read More

When couples decide to separate, it’s not uncommon for there to be hard feelings between the parties. There may even be litigation beyond the outcomes directly associated with the sepa… Read More

When people separate or divorce, it’s not uncommon for one of the parties to look to move away. That’s usually not something that requires discussion. But when children are invol… Read More

The stigma around mental health has been slow to change, but change is happening. Mental health issues can be difficult for anyone to deal with, even if they are living in a family not going… Read More

In most decisions related to access to children, the parties involved are one of the parents of the child. However, as seen in a recent decision from the Ontario Superior Court of Justice, t… Read More

One of the most difficult aspects of separation or divorce for children and parents can be those related to parenting time. It’s not uncommon for one parent to feel that the other is n… Read More

Previously announced changes to the Divorce Act have recently come into effect which will impact married parties across Canada (common-law and relationships outside of marriage are governed… Read More

It’s not uncommon for residents of Canada to travel for marriage and then return home. These destination weddings, however, still require the marriage to be properly registered in the… Read More

When one or both of the spouses involved in a separation or divorce own their own business or have complex income and assets, there are special considerations that may arise. The financial d… Read More

When a couple goes through divorce or separation they may be able to negotiate some or all of the issues before them without the need to litigate. It’s common for lawyers to be involve… Read More

As the COVID-19 pandemic continues to impact the lives of Canadians in significant ways, the courts are not left untouched. In-person hearings had always been the norm before March 2020. How… Read More

One of the most difficult parts of the process of separation or divorce for parents can be determining how child custody and access can be arranged. What’s more, is that even when an a… Read More

When a couple goes through a separation or divorce, they may turn to the courts to establish responsibilities such spousal support, child support, and access to children. Orders can come in… Read More

When a couple decides to separate before getting a divorce, they may choose to enter into a separation agreement. A separation agreement can address issues like spousal support, child suppor… Read More

For parents who are separated or divorced and have child support obligations, the thought of losing their job can be daunting. Adding in the stresses of COVID-19 and the holidays can make so… Read More

In our most recent post in the holiday series blog, we looked at the importance of following COVID-19 rules. This week, we examine some of the reasons why people tend to file for divorce soo… Read More

We’ve been spending the holidays blogging about importance considerations for parents during the holiday season. Last week we blogged about preparing children for why this year might l… Read More

In our first blog in the holiday series, we provided some tips on how people going through separation or divorce can avoid some of the pitfalls associated with careless social media use. In… Read More

Social media is a huge part of most of our lives. It serves as a way to communicate, share memories, do business, and more. In many ways, our lives are documented on social media. However, i… Read More

What happens when one party seeks to impute income to the other party for the purposes of calculating child support? In a recent decision, the court considered that very question when a moth… Read More

When domestic violence occurs, it makes sense that the victim of the violence would want to place themselves as far away as possible from the perpetrator of the violence. However, it’s… Read More

As we’ve blogged about in the past, being found in contempt of court is a serious matter. In a recent family law case, an Ontario court was tasked with figuring out the appropriate pen… Read More

Family law can be a difficult enough world to navigate in the best of times. When other areas of law enter the picture, things can become even more complicated. Oftentimes people may go thro… Read More

Are marriage contracts subject to a limitation period? In a recent case, the Ontario Court of Appeal (OCA) grappled with this very question. In the end, the father’s request to set asi… Read More

When separated or divorced parents find new partners and establish a long-term relationship, a blended family is formed. Oftentimes, the finances of such a relationship can be complicated du… Read More

At what point is it reasonable to terminate an order for supervised access? That is the very question the court considered in a recent case. As the court noted, while resolution is always en… Read More

Whenever the Supreme Court of Canada issues a ruling related to Family law, we at Gelman & Associates will summarize it here in our blog.  This fall the country’s highest cour… Read More

We have recently blogged about a number of cases where the courts were tasked with making decisions about children’s schooling during the COVID-19 pandemic. Given the time of year, the… Read More

Nearly three years ago, Gelman & Associates’ Irina Davis represented a father in a case dealing with custody and access where the parents had a relationship high in conflict and we… Read More

What constitutes a “material change in circumstances” when it comes to a party’s request to terminate spousal support? In a recent case, the Ontario Court of Appeal conside… Read More

We wrote last week about the return to school and the annual spike in trials related to moving a child from one school to another. Of course, COVID-19 has only added to the number of issues… Read More

As the court in a recent case stated, the pre-Labour-Day “Let’s Change Johnny’s School” urgent motion has become somewhat of an unwanted annual tradition. In this ins… Read More

Issues around child custody and access can be some of the most difficult to work through for parents going through a separation or divorce. When a relationship between parents that isn&rsquo&hell…Read More

Many parties have struggled with pre-existing parenting arrangements during COVID-19. As demonstrated in this case that was recently before an Ontario court, the pandemic has brought with it… Read More

The upcoming return of the school year has many families concerned about whether their children will be safe at school as well as whether another shutdown to the academic year could occur sh… Read More

What happens when a party wants to deny their ex-spouse, a stepparent, access to their child? In a recent case, an Ontario court considered a mother’s request to prevent her ex-spouse… Read More

When separated or divorced parents live in different countries, it can be difficult to manage things such as child custody & access. In a recent decision from the Ontario Superior Court… Read More

In a recent case, an Ontario court considered if it should permit the children to relocate with their mother to another school district. The Background The parties were married in Sept… Read More

We’ve blogged in the past about the Hague Convention on Civil Aspects of International Child Abduction (“Hague Convention”). The Hague Convention is an agreement among… Read More

If the COVID-19 pandemic hit at a different time, parents would not have the option of exercising access virtually. Thankfully, modern technology provides parents with a myriad of ways of in… Read More

Upon the breakdown of a marriage through separation or divorce, what happens to the matrimonial home can be one of the more difficult issues to navigate. Not only can there be a great deal o… Read More

In a recent decision, an Ontario court considered the interesting question of what happens when one parent withholds access to a child during the COVID-19 pandemic. The Background The… Read More

A few weeks ago we blogged about a decision in which a father attempted to alter his access schedule with his child during COVID-19. The court had determined that the father’s request… Read More

Since the COVID-19 pandemic began, courts have had to consider parties’ requests to hear motions and decide whether a matter meets the “urgency test” (set out below) on a c… Read More

We have spent a lot of time during the COVID-19 pandemic covering cases where the courts are asked to determine whether or not a matter is urgent. While some matters might be deemed insuffic… Read More

What options does a parent who lives in a small space with their children during the COVID-19 pandemic have when their spouse continues to live in the larger matrimonial home? In a recent ca… Read More