Category: Recent Cases

Just Call My Accountant

We often write about new and developing case law in the area of financial disclosure.  This is often a topic that we discuss amongst the office as well.  This is because disclosure is not only so critical for support and matrimonial property, but because parties are often resistant, or even downright obstructive, when it comes… Continue reading Just Call My Accountant

Parenting Disputes and the Opinions of Children

We often are asked at which age children are “allowed” to choose which parent they want to live with, or how often they spend time with each parent. There is no magic age at which children have a choice. However, the courts are increasingly considering the opinions of children depending on their age and degree… Continue reading Parenting Disputes and the Opinions of Children

Final or Interim Orders:  The Confusion Continues

It’s a recurring theme that lawyers often address – whether an order of the Court is interim or final in nature.  While it is usually clear and understood in any application whether the Court is making an interim or a final order, it is not always the case that this is specifically clarified on the… Continue reading Final or Interim Orders:  The Confusion Continues

Fresh Evidence or a Material Change In Circumstances – A Critical Difference

In matters of parenting and access, Orders from the Court are rarely ever permanent.  Even Final Orders of the Court are subject to review and potentially variation if the Court finds that there has been a material change in the means, needs, and circumstances of the child(ren) – what the Courts often refer to as… Continue reading Fresh Evidence or a Material Change In Circumstances – A Critical Difference