Tag: custody

26 Nov

Upcoming Changes to Canada’s Divorce Act

Nick Esterbauer In the News Tags: , , , , , , , 0 Comments

Recent amendments to Canada’s Divorce Act will come into effect on July 1, 2020.  While many of these changes may not be directly relevant to estate law, estate practitioners may nevertheless wish to familiarize themselves with these developments before July.

The amendments introduced under Bill C-78 serve a number of objectives, including the advancement of the best interests of the child and increased access to justice.  They can be briefly summarized as follows:

  • New criteria, independent of the Children’s Law Reform Act, in respect of the best interests of the child, taking into account the child’s views and preferences;
  • Updates to terminology designed to enhance access to justice and focus on the responsibilities of parents owed to their children: for example, custody orders will soon be referred to as “parenting orders”, and access will instead be known as “contact”;
  • The removal of presumptions as to equal parenting time and maximum contact being in the best interests of the child.

The new Divorce Act also imposes a duty upon counsel to encourage family dispute resolution unless clearly inappropriate in the circumstances, in a manner consistent with Rule 3.2-4 of the Law Society of Ontario’s Rules of Professional Conduct.  Some provinces are expected as a result to introduce legislation providing judges with the discretion to direct parties to family mediation and/or parenting coordination (as has already happened in British Columbia).

Bill C-78 has also resulted in updates to the Family Orders and Agreements Enforcement Assistance Act.  This act, which already facilitates access to information held by financial institutions with respect to the assets of debtors, will soon permit access to income information from Canada Revenue Agency for the purposes of recalculating support.  The enhanced act is expected to reduce costs to parties and to courts of obtaining necessary disclosure.

Thank you for reading.

Nick Esterbauer

 

Other blog entries that may be of interest:

30 Sep

Should a Millennial Have a Will?

Noah Weisberg Estate & Trust, Estate Planning, Wills Tags: , , , , , , , , , 0 Comments

I am not sure why, but whenever I talk to my friends about the benefits of having a Will, they seem to dismiss the advice, thinking that Wills are only meant for old people.  I was thus delighted to come across this article which highlights millennial-centric reasons for having a Will, some of which are as follows:

Digital Assets – while many millennials attest to not being flush with cash, many are flush with digital assets.  I have previously written about my digital presence, admitting that I have two personal e-mail addresses, four social media accounts, and so many points through reward programs such as Aeroplan, Indigo, Greenhouse Juice – the list goes on and on.  These assets carry both a financial and personal value.  Millennials preparing a Will should think about how they wish to transfer these assets.

Young Children – if a child is a minor, under the Children’s Law Reform Act,  it is possible for a testator to appoint one or more persons to have custody of that child in a Will.  It is also possible to set up a trust in the Will to ensure that the child’s inheritance is spent responsibly.  I often tell people that in making a Will, do not think of it as being done to benefit oneself (i.e. the testator), but to benefit and help your loved ones.  Being able to take care of minor children is a great example of this.

Pets Pets Pets – without engaging in the dog vs cat debate, it is suffice to say that many millennials have pets.  In fact, millennials these days are opting for pets over parenthood – just walk through Trinity Belwoods Park on a Saturday afternoon.  In Ontario, pets are considered property, and thus require specific estate planning.  Some options include leaving a cash legacy to a pet guardian or setting up a trust for a pet guardian, both of which can be accomplished in a Will.

Hoping that my millennial friends now agree that Wills aren’t just for old people!

Noah Weisberg

Consider this blog interesting, please consider these other related blogs:

06 Jul

Testamentary Custody and Guardianship

Hull & Hull LLP Guardianship, Litigation Tags: , , , , , , , , 0 Comments

The sudden death of Michael Jackson has sent a shock-wave of sadness across the globe. I expect it will be some time before you can tune in to various media without seeing coverage on it. 

I find myself drawn in to the discussion, which one of my colleagues also blogged on last week.  His commentary focused on the expected complex administration of Jackson’s estate, given both his sizeable assets and debts. This blog focuses on one aspect of the human element of the tragedy, sparked by Jackson’s Will. 

As noted in a recent New York Times Article, in his Will Diana Ross is appointed as the guardian for Jackson’s children if his mother is no longer willing or able to fulfill that role. 

In Ontario, a custody or guardianship appointment by Will is not determinative of the issue. It only has a temporary effect, in that any appointment for custody or guardianship expires ninety-days after such appointment becomes effective (i.e. ninety-days from the date of death in this case) (see section 61(7) of the Children’s Law Reform Act). 

However, if the appointee applies to the court for custody or guardianship within the ninety-day period, the appointment expires when the application is disposed of.   While each case is usually fact-specific, I would expect that a testator’s wishes set out in his/her Will is a factor a court would give significant weight to when considering such an application.

In Jackson’s case this issue is already a live one, with potentially several people vying for custody and/or guardianship. It will be interesting to see who ends up being the primary caregiver(s) of his young children.

Have a great day,

Natalia Angelini

17 Jun

Becoming an Executor after Death – Hull on Estates #115

Hull & Hull LLP Hull on Estates, Podcasts Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 0 Comments

Listen to becoming an executor after death.

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag, discuss becoming an executor after death and three issues that must be addressed immediately.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

READ MORE

22 Jan

The Surviving Spouse – Hull on Estate and Succession Planning #96

Hull & Hull LLP Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Podcasts, PODCASTS / TRANSCRIBED Tags: , , , , , , , , , , , , , 0 Comments

Listen to The Surviving Spouse

This week on Hull on Estate and Succession Planning, Ian talks about an interview he did this week for a new website called Law is Cool and why he podcasts.

Ian and Suzana discuss the importance of preparing for the death of a spouse or for the welfare of your spouse upon your death. This preparation includes having a good idea of the assets you share and the importance of appointing a guardian for your children.

Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning blog.

READ MORE

SUBSCRIBE TO OUR BLOG

Enter your email address to subscribe to this blog and receive notifications of new posts by email.
 

CONNECT WITH US

CATEGORIES

ARCHIVES

TWITTER WIDGET