This Month in Nova Scotia Family Law – May 2024

MacDonald v MacDonald, 2024 NSCA 58 Judge: Justice Farrar Subject: Motion to Stay, Relocation Summary: The parties are former spouses and parents to an eleven-year-old son. Mr. MacDonald assumed primary care and decision-making responsibility of their son in 2022 after Ms. MacDonald was found guilty of fraud and incarcerated. In 2023, the Court granted Mr. […]

This Month in Nova Scotia Family Law – February 2024

Owda v Hussini, 2024 NSSC 23 Judge: Honourable Justice Cindy Cormier Subject: Relocation, Parenting Time, Child Support Summary: Ms. Owda filed an initial application under the Parenting and Support Act to seek to have Mr. Hussini pay child support. The mother claimed that Mr. Hussini was not contributing to the children’s expenses and that he […]

This Month in Nova Scotia Family Law – December 2023

Strait-Hinnerichsen v Strait-Hinnerichsen, 2023 NSSC 340. Judge: Honourable Justice Ingersoll Subject: Division of Assets, Unequal Division, Parenting, Child Support, and Special and Extraordinary expenses. Summary: The parties separated after almost 20 years of marriage. They have agreed to a shared parenting arrangement. Each issue in this decision will be discussed separately below. The first issue concerned […]

This Month in Nova Scotia Family Law – November 2023

CT v JB, 2023 NSSC 351 Judge: Justice Lee Anne MacLeod-Archer Subject: Costs Summary: The parties participated in a nine day hearing on the issues of parenting and child support.  CT was awarded primary care and decision-making responsibility and JB was ordered to pay prospective and retroactive child support.  CT sought lump costs of $60,000 inclusive […]

In New Brunswick, When Do You Become “Common-Law”?

These days, almost every couple lives together for a period of time before they get married, and more and more couples are deciding to never get married at all.  We get a lot of questions about common-law status, such as how long does it take to become “common-law”, what does it mean, and do we […]

This Month in Nova Scotia Family Law – July 2023

R.H. v A.L.S., 2023 NSSC 171 Judge: Justice Samuel Moreau Subject: Primary Care; Parental Decision Making; Parenting Time Summary: The parties separated in 2020 after 13 years of marriage.  The separation had been highly contentious.  The father, R.H., sought primary care and decision-making responsibilities for their 8-year-old child, while reducing the mother’s parenting time.  The […]

This Month in Nova Scotia Family Law – June 2023

Weagle v Kendall, 2023 NSCA 47 Judge: Justice Carole A. Beaton Subject Matter: Parenting Time; Relocation The father appealed from the trial judge’s decision allowing the mother to relocate their child from Halifax to Ottawa. The appeal was allowed, and the matter sent for a rehearing with another judge. The judge erred in overemphasizing the […]

This Month in Nova Scotia Family Law – May 2023

Anderson v. Anderson, 2023 SCC 13 Judge: Justice Karakatsanis Subject Matter: Absence of Legal Advice when Entering Domestic Agreements The parties were married for three years. They had both been married previously, and each entered the marriage with significant assets. They separated and signed a domestic agreement without disclosing their individual finances or seeking independent […]

This Month in New Brunswick Family Law – April 2023

GM v JG, 2023 NBKB 57 Justice Danys R.X. Delaquis Subject Matter: Parenting Orders | Jurisdiction The parties have a 5-year-old child, who was born in New York. The Applicant is a Canadian citizen living in Saint John and the Respondent is an American citizen living in New York. The child has dual citizenship. The […]

March 2, 2023

Did You Know: You May Be Able To Claim Family...

Tax season is upon us once again. Did you know that you could qualify to claim certain legal fees on your taxes? Be sure to speak with your family lawyer about providing you with a letter if you qualify. This could be a huge benefit or a missed opportunity if you do not have a […]