This Sample Famly Law Memo analyzes the legal issue of whether a spouse is intentionally underemployed or unemployed such that it will impute the income for the purpose of calculating child support.

The appellate court overturned the decision not to return the children to Germany, a decision based on an assessment of the children’s best interests rather than on their habitual residence under the Hague Convention.

Where an appellant wishes to be relieved of trial-ordered obligations pending appeal, the appellant should bring a stay motion, lest the appellate court refuse to hear the appeal until all outstanding spousal support has been paid.

Recent ONCA decision which declined to increase spousal support despite significant post-separation income increases.

Rothschild v. Sardelis | 2015 CarswellOnt 13632 | Ontario Superior Court of Justice

Recent British Columbia Court of Appeal case that had to determine which definition of spouse was to be applied.

Alberta (Child Youth and Family Enhancement Act, Director) v. B. (A.) | 2015 CarswellAlta 1794 | Alberta Provincial Court

Recent Ontario Superior Court of Justice case in which a separation agreement was set aside due to lack of disclosure.

Recent decision in which the judge found that a binding agreement arose from without prejudice negotiations.

In addition to the provincial statutes governing the division of family property on breakdown of marriage, equitable trust principles continue to apply in family law cases. This post explores when unjust enrichment and the presumptions of advancement and resulting trust apply in family law.

Recent Ontario Superior Court of Justice case in which the husband’s pleadings were struck for failure to provide full financial disclosure.

Recent decision in which the judge appointed a litigation guardian to represent the interests of a transgender child.