Family Law
Ask a Lawyer – “My spouse and I have been living under the same roof but living our own lives. Does this count as “living separate and apart” for the purpose of a divorce?”
With financial pressures, it is becoming increasingly common to live together post-separation. In fact, the Ontario Supreme Court addressed this issue in the decision McBennett v Danis. The couple lived separate and apart, but under the same roof; in order to determine whether a couple is living “separate and apart” for the purpose of a…
Read MoreAsk a Lawyer – “I’ve been a victim of spousal abuse. How does this affect parenting time/decision making with our children?”
A particular issue in parental conduct is the risk of children being victims or witnesses of family violence. The courts are more likely to assess such a risk when deciding parenting time of the child. The presence of violence must now be a part of the assessment of a person’s fitness to parent. In fact,…
Read MoreAsk a Lawyer – “I signed a domestic contract with my ex-spouse. Can I claim more support or more property than the domestic contract says I can?”
The short answer is – possibly. Domestic contracts are agreements that govern the parties’ rights and obligations under family law – such as the ability to claim support or apply for division of property. Domestic contracts include separation agreements, prenuptial agreements, marriage contracts, and so forth. Generally, the courts say that domestic contracts cannot be…
Read MoreAsk a Lawyer – “What is a mutual will and why would I want one?”
It is common for spouses to make “mirror” wills, leaving their property to each other, with the provision that the property will go to agreed-upon beneficiaries (such as the children) after both pass away. However, nothing legally prevents one of the spouses from secretly changing their will – before or after the other spouse’s death…
Read MoreAsk a Lawyer – “My engagement fell through. Can I sue to get the engagement ring back?”
Traditionally, engagements gave rise to various legal – not just social or moral – obligations. For example, a woman could sue her faithless fiancé and obtain money damages for her injured feelings and mental distress resultant from his breach of the promise to marry. No equivalent cause of action was available to a man, though.…
Read MoreAsk a Lawyer – “What is a Power of Attorney and what are my duties if I am appointed under a Power of Attorney?”
A Power of Attorney is a document which grants one person (called the “Attorney”) the power to make personal care/medical decisions and/or financial/property-related decisions on behalf of another person (called the “Grantor”). Powers of Attorney can take effective immediately or on a specified date. However, they are often set up to be used when a…
Read MoreAsk a Lawyer – “How does the new Divorce Act change my ability to relocate with my child?”
Under the new Divorce Act, divorced parents (or parents in the middle of divorce proceedings) are subject to different requirements when they want to relocate. First, the term ‘relocation’ has a legal meaning that is more than merely moving. Relocation in a family law context is a change in the child’s residence that is likely…
Read MoreAsk A Lawyer – “How do I know when I’m in a ‘common law relationship’ and what are some of the legal implications of being in one?”
Generally speaking, two people living together in a romantic relationship are in a common law relationship. The implications of this type of relationship when it breaks down are different depending on what one person is seeking from the other, the legislation that applies to the situation, and factors such as children or the length of…
Read MoreAsk A Lawyer – “Can my child’s other parent deny me parenting time because of COVID-19?”
Although the Government of New Brunswick directives for COVID-19 change at a rapid pace, the messaging around parenting time with children has remained the same: it is still a priority. It is a child’s right to have time with both parents as much as possible and to the extent that it is in their best…
Read MoreDid you know that there are two types of adoption in New Brunswick?
All adoptions in New Brunswick of Canadian born children are regulated by the New Brunswick Family Services Act. Under this Act the two broad categories of adoptions are private and ministerial. Private adoptions are where the biological parent(s) know the prospective adoptive parent(s) personally, and they arrange the adoption between themselves. A ministerial adoption is…
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