By Jonathan M. Richardson 

Should your neighbors know your financial state because you sought a divorce?

Matrimonial proceedings are fully open and capable of being viewed by anyone, or reported on by any media outlet. Included in what could be viewed by the public are: salary and income details, social insurance numbers, tax returns and notices of assessment , bank account numbers and values, RRSP values, pension valuations, any other assets of significance, as well as a matrimonial litigant’s outstanding liabilities. This information requires updating any time the parties return to court. Any allegations made (including those of assault, abuse, and infidelity) are equally public.

By Michael Cochrane

Rule 5 provides that a case shall be started where a party resides, where a child resides (if custody or access is in issue) or where the parties agree (if the court in the receiving municipality agrees in advance).

Rule 5(8) contemplates the transfer of a case between municipalities whether those municipalities are across the Province or merely across a region such as the GTA.

A motion is required to obtain the transfer. The test considered is as follows: Would it be substantially more convenient to deal with the case or step in the case in another municipality?

By Fareen Jamal

"A person’s support obligations should not be the controlling force in his or her career and foreclose honest career changes”.
~ Professor Jay McLeod, Annotation to Montgomery v. Montgomery.

Section 19(1)(a) of the CSG permits a court to impute income to a spouse if it considers it appropriate in the circumstances, which circumstances include the parent or spouse being intentionally under-employed or unemployed. Attached at Appendix A is a list of the situations in which Section 19(1)(a) is engaged. This Article focuses on those parents or spouses that change employment from a high-paying job to a lower-paying job.

By Ivana Vaccaro

We are certainly due for a re-evaluation of the procedures employed by the Office of the Children’s Lawyer in the resolution of custody and access disputes. The procedure itself, which consists of either the assignment of a legal representative or a clinical investigator to assist the parents and the Court in the resolution of a custody and access dispute, is generally unproblematic. What is problematic is the procedure employed by the clinical investigator in determining and reporting to the Court its recommendations respecting the resolution of the custody and access dispute, which are then so heavily relied upon by both the parents and the Court in determining incidents of custody and access, whether at an interim or final stage of the court proceedings.

By Shmuel Stern

When Bill 133 was first introduced, in addition to wondering why and how the Ontario Government intended to involve itself with the pension valuation business, I became interested to find out the mechanics of the proposed child support recalculation service, if and when such regulations would ever be proclaimed. Section 33 of Bill 133 reads:

By Jana Baca

It will not surprise you that most of our courtroom customs are based on English traditions and customs. What many of us don’t know and might find, if not surprising, than at least somewhat entertaining, are the reasons or folk-lore behind these traditions. We will be sharing these interesting tidbits with you in each of this season’s Matrimonial Affairs. In this instalment our focus is on courtroom attire.

By Victoria Starr

Here is some of what’s going on in or related to family law:

1.New Guideline Tables: The Ministry of the Attorney General has advised that updates to the table amounts in the Ontario Child Support Guidelines came into effect on December 31, 2011. These changes are consistent with updates being made to the federal Child Support Guidelines effective on the same date. The new table amounts are reflective of current tax rules. The updated Ontario child support tables are available online at the following website: www.e-laws.gov.on.ca and more information about the changes can be found on the website of the federal Department of Justice: http://www.justice.gc.ca/eng/pi/fcy-fea/lib-bib/tool-util/apps/look-rech/index.asp .
 

Each year, the Family Law Section of the Ontario Bar Association (“OBA”) presents the Award for Excellence in Family Law, in memory of James G. McLeod.

Please send your nomination, together with a curriculum vitae of the candidate and a detailed letter of recommendation, by Friday, March 9, 2012

Have you registered for the Family Law program at Institute 2012?

Date: Friday, February 10, 2012
Program: 9:00 am to 4:50 pm
Location: The Westin Harbour Castle Conference Centre | 2 Harbour Square | Toronto, ON

Nobody’s perfect, including lawyers! This program, designed for family lawyers, will take a good hard look at the way we practise family law and equip practitioners with novel tools, tips and insights to improve their skills and better serve their clients. Representatives from the bench and bar will examine a range of diverse and practical topics including custody and access assessments, the role of technology in a legal practice, requesting and analyzing financial statements and disclosure, and dealing with other counsel and parties with civility. This year’s program also features the comprehensive annual “Year in Review” and an overview of recent legislative developments.
 

Editors:
Georgina Carson
Erin Crawford
Elizabeth Mourao
Wendela M. Napier
Victoria Starr