Ontario Family Law Case Studies

Ontario Family Law Case Studies-59
Study prepared for the Department of Justice, Canada, June 1989."Informal Law Reform: Canada's Experiment with Advisory Spousal Support Guidelines" (33 single-spaced manuscript pages), paper presented and distributed on-line at the Joint Annual Meetings of the Law and Society Association and the Research Committee on Sociology of Law (RCSL), July 25-28, Humboldt University, Berlin, as part of a session entitled "Money Matters: Exploring Some Recent Strategies for Achieving 'Fair' Post-Separation Financial Outcomes" “Child Support and Serial Family Formation”, paper presented at the International Society of Family Law Conference in Lyon, France, July 19-23, 2011 and subsequently revised and presented at the National Family Law Program, Halifax, July 15-19, 2012.“Determining Parentage in Cases Involving Assisted Reproduction: An Urgent Need for Provincial Legislative Action” paper prepared for the conference “Reference re the Assisted Human Reproduction Act: Implications for Future Practice”, University of Toronto, Nov.

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20, 2007), paper prepared for Law Society of Upper Canada, "The Family Law Summit", Toronto, May 10-11, 2007."Miglin One Year Later", paper prepared for the County of Carlton Law Association, 13th Annual Institute of Family Law Conference 2004 "Contemporary Issues in Family Law", Ottawa, June 18, 2004, 18 manuscript pages."Couples or Individuals or Parents? C., June 29 - July 2, 1998; available on Quicklaw through Syrtash Family Law Newsletter.

Rethinking the Appropriate Unit for the Allocation of Social Benefits", paper prepared for the conference on Domestic Partnerships, Queen’s University, Kingston, Ontario, October 21 –23 1999."Of Variation, 'Special Provisions' and 'Reasonable Arrangements' --The Effect of Prior Orders and Agreements on Child Support Determinations Under the Guidelines", paper presented and distributed at the Federation of Law Societies of Canada and C. (46 pages plus appendix of digested case law)"Section One of the Charter." Paper prepared for the Canadian Judicial Council Seminar, May 1991"Review of Support Factors and Objectives in Case Law Decided Under the Divorce Act, 1985".

How children cope with their parents' separation changes as they grow older and more mature. A significant relationship has ended, and in the midst of all of the emotions that go along with that — grief, anger, jealousy, love, and loss — they might find themselves also having to deal with some extremely difficult legal issues.

It's even worse where the parents wind up fighting about things in court.

It is also important to distinguish between a reluctance that stems from a child and a reluctance that is fostered by a begins to change.

Temper tantrums about a visit, and expressions of rage and hate should send a loud and clear signal that both parents have to work a lot harder to help the child through their experience of the , parents should seriously consider getting the child professional help from counselors who specialize in helping children cope with and adjust to the separation of their parents.Children don't see things in terms of when their parents' relationship ends. Mom and dad are yelling at each other a lot, and then, one day, mom or dad isn't there anymore.Young children won't understand these adult problems.It can be just as difficult, if not worse, for their children.How children deal with the end of their parents' relationship has to do with two things: the age and maturity of the children, and how their parents manage the breakdown of their relationship.In some circumstances, alienation can amount to child abuse. If it is not, it will contaminate and quietly control all other parenting issues and then lead only to unhappiness, , and, lastly, parental estrangement. While any application which flows from a suspicion of alienation will be costly and worsen the conflict between the parents, it is urgent that the alienation be stopped immediately if its long-term impact is to be avoided." I am not a psychologist, a psychiatrist, or a counsellor.As a result this section should be read with a grain of salt, as it is based on my observations of my clients' experiences, a bit of research, and some common sense.(Oxord University Press, forthcoming 2017) (9,300 words, 34 pages double-spaced). 219-275."Judicial Interpretation of the Spousal and Child Support Provisions of the Divorce Act, 1985", published in two parts (1991), 7 ", paper presented at the Law Society of Upper Canada, Family Law Summit, Toronto, June 10-11, 2010, the National Family Law Program, Victoria, B.“Determining Parentage in Cases Involving Assisted Reproduction: An Urgent Need for Provincial Action” ch 5 in Trudo Lemmens, Ian Lee and Cheryl Milne, eds., (University of Toronto Press, 2017), 8,000 words.“Shaping Substantive Law to promote Access to Justice: Canada’s Use of Child and Spousal Support Guidelines” ch 5 in John Eekelaar, Mavis Maclean and Benoit Bastard, eds., , pp. With Brenda Cossman, "Case Study in the Provision of Legal Aid: Family Law" in Ontario Legal Aid Review, Report of the Ontario Legal Aid Review: A Blueprint for Publicly Funded Legal Services, 1997, Vol. C., July 12-15, 2010, and the Spousal Support Super Conference, Edmonton/Calgary, November 25 & 26 (currently being revised for publication).This sort of approach to a dispute often polarizes parents and encourages them to take extreme positions.What makes this so much worse is that the parents are both fighting about something they cherish dearly, their children, and they are also fighting against someone whom they used to deeply love.

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