In the new Family Law Act, the legislature has provided an expansive definition of “family violence” which includes, amongst other things:
1 (d) psychological or emotional abuse of a family member, including
(i) intimidation, harassment, coercion or threats, including [...read full post]
Categorized: Case Analysis, Child Support, Violence.
It is important to understand that once someone declares bankruptcy, all his or her rights to bring on claims in court with regard to property vest in the Trustee of that bankruptcy. Section 30(1)(d) of the Bankruptcy and Insolvency Act, [...read full post]
Categorized: Bankruptcy, Case Analysis, Legislation Analysis.
What rights does a court have over child related decisions when an interim custodial parent has been named? This question, in the context of the custodial parent’s decision to move out of the country with the child, was examined by [...read full post]
Categorized: Case Analysis, Custody and Access, Mobility.
At Henderson Heinrichs, we regularly negotiate and conclude separation agreements for our clients. Parties cannot take the provisions of these agreements lightly. When you reach an agreement with your ex-spouse, you had best stick to it. That’s what the [...read full post]
Categorized: Agreements, Case Analysis, Procedure.
At Henderson Heinrichs, we are often asked to seek a determination that the spouses in a marriage have no reasonable prospect of reconciliation. Normally, this is not a particularly contentious issue. However, there are circumstances in which a declaration such [...read full post]
Categorized: Case Analysis, Divorce, Family Court, Procedure.