Family Primer Series – Custody and Access

The most difficult and emotional of family issues is often that of child custody and access. Emotion often plays a large party in a party’s positioning over custody and access issues – even more so than with other family law issues. This emotion-driven approach towards questions of custody and access often results in mistakes causing serious[…]

Family Primer Series – Division of Family Property

Family property rights in Ontario applies only between married individuals. Common law couples in Ontario have no right to division of family property under the Family Law Act, though they may be eligible for spousal support and may also be able to make a civil claim against their spouse post-separation[1]. The rules governing the division[…]

Family Primer Series – Spousal Support

This week’s topic is spousal support, perhaps the most difficult financial remedy to accurately assess under the Divorce Act. Spousal support is an amount paid from one spouse to the other as a result of the breakdown of a spousal relationship. Spousal support can be payable either under section 15.2 of the Divorce Act or[…]

Family Primer Series – Child Support

A parent’s obligation to provide financial support for their children is addressed within section 15.1 of the Divorce Act and section 31 of the Family Law Act. Under the Divorce Act[1] and the Family Property Act[2], a ‘parent’ can include a step-parent under certain circumstances. A step-parent can have an ongoing child support obligation for the[…]

Family Primer Series – Divorce and Annulment

Perhaps ironically, the simplest aspect of family law is the divorce itself. Most of the parties’ attention usually goes to child custody and access and corollary relief, such as spousal support, division of family property, and child support. This is in stark contrast to the history of divorce in Canada; prior to the passing of[…]

Family Primer Series – Structure of a Family Court Action

Through the Family Law Rules, the Ontario Courts have structured court actions to occur in discrete steps. While some steps may need to me repeated from time-to-time for a variety of reasons, most cases follow the structure set out in the Rules. Understanding the structure of a Children’s Law Act, Divorce Act, or Family Law[…]

Family Primer Series – Legislation

Welcome to the first article in Jim-Bob’s Family Primer series! This series of articles is intended to provide some basic information about how the Ontario family law system functions, to help you understand how the law can affect you and your family! Let’s begin. The term, “family law”, relates to those areas of practice dealing with[…]

The Impact of Early Decisions

Take a simple separation. Your spouse moved out a few weeks ago. You have had passing contact with them; maybe you take some early steps try to split property or you arrange visits with the kids. Out of the blue a stranger leaves a package. You read on, and get a sinking feeling in your stomach…[…]

Welcome to Milne Law!

After a few hectic weeks of moving into the new office and getting our systems online, I am excited to announce that is live! I wouldn’t have been able to get this far without the constant support of my friends, family, and colleagues in the Brampton area. The openness and generosity of the Brampton[…]