Author Archives: Family Law Solutions

In a recent decision out of the Court of Queen’s Bench of Alberta, Keeping v Keeping, 2021 ABQB 892, an #applicant father brought an emergency application for the return of the #child after the mother relocated with the child to the Maritimes. The parties were #divorced in 2018 and there was one child from the #marriage. The Divorce Judgment specified that theContinue reading “Moving with Children Post Divorce – Keeping v Keeping, 2021 ABQB 892”

An important decision out of the Court of Queen’s Bench of Alberta, Hatt v Heather, 2021 ABQB 878, wherein the payor parent sought a retroactive reduction to on-going section 3 and section 7 child support payments due to his reduced income. Lema J considered relevant case law concluding that a variation of income of lessContinue reading “Reduced Income & Child Support – Hatt v Heather, 2021 ABQB 878”

Short and sweet, but still a good one for your #precedent bank – Blacklock v Tkacz, 2021 ONCA 630. The #appellant mother sought retroactive #childsupport against the #deceased father’s estate. Though a #Divorce#Judgment was granted, directing the #father to pay section 3 child support of $20 per week for the parties 2 #children, the Judgment did not specify that those payments would be binding on the father’s #estate . The #Court dismissedContinue reading “Binding Support Payments to a Payor’s Estate: Blacklock v Tkacz, 2021 ONCA 630”

A case summary on OMS v EJS, 2021 SKQB 243. Should a 12-year-old child be ordered to receive the COVID-19 vaccine if that child does not want to be vaccinated? Justice Megaw undertook an extensive analysis of relevant case law and legislation to address exactly that question in OMS v EJS, 2021 SKQB 243. ThoughContinue reading “Children’s Rights & the COVID-19 Vaccine”

In an effort to remedy potential gaps and limitations in the new Protecting Victims of Non-Consensual Distribution of Intimate Images Act (the “Act”), Justice Inglis established a new liability for a cause of action for damages related to the public disclosure of private facts in ES v Shillington, 2021 ABQB 739 (“Shillington”). In Shillington, the Plaintiff sought #damages underContinue reading “Public Disclosure of Private Facts: ES v Shillington, 2021 ABQB 739”

Non-Disclosure Agreements (“NDAs”) are used to protect sensitive, confidential information from being shared or made available to parties outside of that agreement. Though commonplace in business transactions, NDAs potentially also have a place in family law to protect the interests and sensitive information amongst spouses, #amily members, or otherwise. Recently, we prepared an NDA for a client’s employed nanny who attends at the family home, assistsContinue reading “Family Law & Non-Disclosure Agreements”

The recent case, JYL v TLL, 2021 ABQB 680, is another one to add to your #precedent library. Effective March 1, 2021, amendments were made to the #Divorce Act, RSC 1985, c 3 (2nd Supp). Those amendments were significant in specifying the factors for the bests interest of the child, parenting, and relocation. The issueContinue reading “New Divorce Act Amendments & Relocating with Children”

Over the past few months, the number of #COVID19 cases amongst children has increased significantly and #children under age 12 remain ineligible to receive the vaccine. A recent decision out of Chicago stripped a parent of all ongoing #parenting rights over her 11-year old son due to the fact she was #unvaccinated. The other parent had already been #vaccinated. Despite the fact thatContinue reading “COVID19 & Parenting Rights”

A case summary of Nyereyogana v Schofield, 2021 ABQB 66 The recent #Alberta case, Nyereyogana v Schofield, 2021 ABQB 662, discusses child support responsibilities for “in loco parentis children” by a #stepparent versus a biological #parent and the termination of child support at age 18. The case also deals with a long delay by the applicant in pursuing #childsupport obligations and concludes that childContinue reading “Step-Parents & Child Support”