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Family Law

Legally Speaking

August 13, 2016


Topics Covered

  1. What happens when one parent refuses to comply with an access/schedule order or alienates the children from the other parent? Will the Court order make-up time for the alienated parent?

    The case of Balice v. Serkeyn (2016 ONCA 372) clearly demonstrates a mother in contempt of the father's 2013 access order to the extent that the father missed 122 days of access with the kids (1/3 of a year). The father succeeded in securing a contempt order against the mother in 2014 which further ordered that these missed 122 days must be made up (in favour of the father) such that these days would then be deducted from the mother's time with the children (within the next 2 years). The mother appealed.

    The case was returned for a new hearing because the Motion judgement did not appear to confirm that it had considered the best interests of the children.

  2. Does a "document dump" satisfy financial disclosure requirement? How do you ask for disclosure? How do you remedy non-compliance or behaviour designed to thwart the purpose of the disclosure rules/requests?

    The case of Manchanda v. Theti (2016 ONSC 3776) deals with these issues and the Court decided to sanction the offending Party by striking their pleadings.

  3. Is a recipient spouse entitled to the other spouse's increase in income by way of support payments?
    What is compensatory spousal support?

    In the case of Hersey v. Hersey (2016 ONCA 494), the husband was a lawyer and the wife was a teacher. Both Parties were in their early sixties at the time of the appeal, and the husband was 2 years from the age of retirement. The Parties had an Agreement to reduce/eliminate the child support order while their son was at university, but the wife immediately filed a Motion for an increase in her spousal support and for retroactive spousal support in the amount of $200k, however she waited 6 - 7 years to make that claim for arrears. There were also evidentiary issues with the wife's disability claims for a reduction in her income.

    The Court decided that the termination/reduction in child support would not automatically result in an increase in spousal support.

The issues addressed in the articles by Ford Justice Professional Corporation are for informational purposes only. The  comments contained in these documents should not be relied upon as a means of  replacing case specific legal advice. Readers are advised to contact professional advisors before acting upon any of the information contained in the documents.

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