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Do I need a Letter of Consent if I am traveling with my child?

If your child is under the age of majority, a Letter of Consent should be obtained from your child’s other parent any time you plan to travel outside of Canada. This applies to either parent, or if your child is traveling with another family member or a group.

Usually, the custodial parent or guardian signs Letters of Consent. However, in some instances, it can be prudent to have a parent with access rights to sign a Letter of Consent. While the Government of Canada does not technically require a Letter of... MORE »

Most Recent FAQs

When should passports be considered in family law?

The short answer is that passports should be considered during the initial separation of you and your spouse. This may involve a conversation with your spouse about which parent will hold onto your children’s passports, and how passports will be provided to the other parent for any travel.

If your children are still infants, and do not have passports, you may need to consider adding provisions into your separation agreement or court order about who will obtain and hold on to your children’s passports. Issues often arise in this area, and... MORE »

If my spouse has committed adultery, am I more likely to get custody of my children?

The Divorce Act states that the past conduct of a parent is only relevant when it shows that person’s ability to parent their children. Judges will consider the past conduct of a parent, but only as outlined by the Act. Judges also have to consider past cases that have outlined how to consider parenting ability in light of adultery, and past case law outlines that adultery does not damage a person’s ability to parent a child.

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My spouse committed adultery. Does this make it easier to get a divorce?

In Canada, divorce is no longer “fault” based. This means that neither party needs to have done something wrong for the court to grant you a divorce. The Divorce Act states that if you and your spouse has lived separate and apart for at least one year, or the spouse with whom the divorce proceeding is brought has committed adultery or treated the other spouse with physical or mental cruelty, a breakdown in marriage has occurred. So, under this Act, you can divorce your spouse if they have committed adultery.

However,... MORE »

What do I do if my spouse isn’t following our separation agreement?

First, it is always best to speak to your spouse about your separation agreement, and remind them that they are legally bound to comply with its terms. If this is not effective, you can also let them know that you may speak to a family lawyer to find out how to enforce your rights if they do not comply.

If your partner still does not respond, you can have a family law lawyer draft a “demand letter.” This simply informs your spouse that if they do not fulfill their obligations under... MORE »