Annual Review of Family Law 2019 to 2020 is the everyday reference of choice for thousands of busy family law practitioners.
Packed with concise, forthright analyses of the cases that have shaped the law in the last year, it's the first place you'll turn to when researching an issue, drafting an agreement, framing an argument, or tracking the latest legislative developments. Annual Review of Family Law covers select topics of interest for family law practitioners, such as:
- Children's law — custody, access, variation, assessments, and enforcement
- Child support — standing, entitlement, the guidelines, enforcement, appeals, jurisdiction, and costs
- Spousal support standing — entitlement, duration, quantum, variation, appeals, costs, and enforcement
- Family property — division, deductions and inclusions, equalization, matrimonial home, and appeals
- Domestic contacts — effect, validity, enforcement, interpretation, and income tax
New in this edition:
- Children’s Law
- Parenting issues arising out of the COVID-19 pandemic — As a result of the COVID-19 pandemic local, provincial, and federal authorities put in place mandatory restrictions with respect to social interaction, with the goal of reducing contamination and communication of the virus between different individuals and households. Such restrictions immediately caused arguments between separated parents with respect to shared parenting schedules. Cases where new partners also have children who are moving between their own parents' respective houses brought further complications as the potential for unhealthy contact increased exponentially. The circumstances created a surge of inquiries by clients of their respective lawyers as to the extent to which such momentous unforeseen circumstances can be used as a reason to override either contractual residential parenting agreements or court orders.
- Child Support
- Child support during COVID-19 pandemic — The COVID-19 pandemic has not only had a devastating effect on the health of many people, it has equally had a detrimental effect on the global economy, resulting in a dramatic reduction in the income of many businesses and individuals. Parents with an obligation to pay child support and contributing to their children's § 7 expenses, who suffered a substantial change in their income sought to renegotiate the totality of their spousal and child support obligations on a temporary or long-term basis with their former spouses with mixed success. The variation, of course, did not just impact payors of support, in many cases, recipients of support similarly saw their paycheque shrink or completely disappear. Provincial and federal government implemented a variety of programs to assist businesses and employees during this time of financial need.
- Spousal Support
- Klefenz v. Klefenz, 2019 CarswellNS 68 (N.S. C.A.)
- Dancy v. Mason, 2019 CarswellOnt 7519 (Ont. C.A.)
- Li v. Rao, 2019 CarswellBC 2141 (B.C. C.A.)
- Meyer v. Johnston, 2019 CarswellNB 212 (N.B. C.A.)
- Kassian v. Kassian, 2019 SKCA 101 (Sask. C.A.)
- Furry v. Goodwin, 2020 CarswellAlta 553 (Alta. C.A.)
- Family Property
- Property issues during the COVID-19 pandemic — Unilateral financial actions by one spouse to the detriment of the other is a common occurrence in family law cases. Often immediate measures are required to recalibrate the scales before there is an irrecoverable loss of funds or other assets. In circumstances when access to the Courts is limited, the opportunity to redress inappropriate or illegal activity has been more challenging. Some might have sought to take advantage of these unusual circumstances, however, anecdotally the assessment is that when such cases were brought before them, judges have acted promptly to provide redress before any permanent damage was done.