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Last Build Date: Thu, 13 Jul 2017 23:09:55 +0000

 



Comment on Adoption of an Independent Adult in Ontario by Andrew Feldstein

Thu, 13 Jul 2017 23:09:55 +0000

Thanks for the question and for visiting our blog. We know your time is valuable, and to answer your questions specifically, we invite you to contact us via phone at (905) 415-1636 or via email at info@feldsteinfamilylaw.com. We look forward to hearing from you.



Comment on Adoption of an Independent Adult in Ontario by Daryl Mallett

Thu, 13 Jul 2017 21:59:14 +0000

My wife wants to adopt my 23 year old son who is estranged from his birth mother. I have had custody of my son since he was 13 years old and my wife has co-habitated with my son and me since that time. Do my wife need permission from my ex wife to adopt?



Comment on Adoption of an Independent Adult in Ontario by Kerry Gearin

Sat, 13 May 2017 03:33:57 +0000

Excellent Summary of the law. You have described it in practical terms that are easy for families to understand. It's great how you are helping so many people in Ontario Family Courts.



Comment on Rectifying A Mistake In A Court Order by Andrew Feldstein

Mon, 07 Nov 2016 16:15:32 +0000

Thanks for the question and for visiting our blog. We know your time is valuable, and to answer your questions specifically, we invite you to contact us via phone at (905) 415-1636 or via email at info@feldsteinfamilylaw.com. We look forward to hearing from you.



Comment on Adoption of an Independent Adult in Ontario by Andrew Feldstein

Mon, 07 Nov 2016 16:14:55 +0000

Thanks for the question and for visiting our blog. We know your time is valuable, and to answer your questions specifically, we invite you to contact us via phone at (905) 415-1636 or via email at info@feldsteinfamilylaw.com. We look forward to hearing from you.



Comment on Adoption of an Independent Adult in Ontario by Ms. Gisele Currah

Mon, 07 Nov 2016 13:36:47 +0000

I need advice on this topic. This situation is rather unique and can use any advice on how to proceed.



Comment on Rectifying A Mistake In A Court Order by Dariusz

Sun, 06 Nov 2016 06:17:45 +0000

In August 2014 I did apply under ISO for Reduction/Cancellation of existing child support arrears that at the time of application were at $ 36,740. The base of my application were: decreased income and the fact that I got divorced and had to start paying for my other child. The legal proceeding spanned over 2 years during which I managed to decreased original amount from $36,740 down to $ 22,900. The ISO court in Ontario did not know about it even though the payments are registered and pass through BC FMEP. On October 27th, 2016 the Ontario Court of Justice ordered that: Arrears are fixed at $30,000 as of October 27, 2016 So in fact instead of reducing the arrears it increased it in an application to Reduce or Cancel Arrears. The order does not say that the arrears set at $ 30,000 replace the original amount of $ 36,740 . I must let that judge and court know that the existing arrears are at $ 22,900 - so that she can change the order. I need to know how to do it now.?



Comment on Prokopchuk v. Borowski by Parent that misses children

Fri, 13 Nov 2015 19:08:23 +0000

How can any moral individual consider an offer "reasonable" when one parent is threatening to take a child away from the other parent. This is immoral and unconscionable. Law used to be based on a "reasonable man test". No reasonable parent could agree to knowingly allow their children to be taken away from them. It is un-natural. Costs are not reasonable in the instance of a mobility trial. In fact, The Honourable Mr. Justice M.D. Parayeski goes so far as to state in Bridgeman v. Balfour, 2009 CanLII 64814 (ON SC), the following: The Court thanks counsel for their written submissions on costs. While it is entirely true that the applicant has been successful on all of the issues raised in her application, including the key question of mobility rights, the presence of that issue alone made settlement very difficult. In such applications, no matter how fair the applicant has been, or how reasonable his or her offer to settle may appear in hindsight, the respondent is put into the position of either litigating to the bitter end or agreeing to changes that will inevitably and likely substantially alter his or her relationship with the child or children. Although she had every right to do so, it was the applicant who put the respondent into the position of having to make that hard choice. The Court disagrees with the submission of the applicant’s counsel that the presumption that the winning party ought to be awarded costs should apply in this instance. There shall be no order as to the costs of the application. How can there be such a divergence between various Judges of the same level court? Isn't there one law for all?



Comment on Adoption of an Adult Child: A. (C.T.), Re by C.J.C.

Fri, 31 Jan 2014 04:05:38 +0000

I am the Mr. C. referred to in this blog and C.T.A. (now C.A.C.) is my daughter. It's been three years since our adoption of C.A.C. and I am very happy to report that she got married to a Filipino-Canadian last May. Sadly, the highlight of our year was soon overshadowed by bad news. Just six weeks after her wedding, and after waiting three years while it was being processed, we learned that C.A.C's application for Canadian citizenship on the basis of the adoption by Canadians... was denied. The denial was based on the citizenship officer not being "satisfied that the adoption was not entered into primarily for the purpose of acquiring a status or privilege in relation to immigration or citizenship." The real tragedy of this denial is that our daughter had by then missed the opportunity to apply for permanent resident status under the Canadian Experience Class regulations of the IRPA (referred to in the adoption decision as "she would have easily qualified for immigration status on her own"), and her student visa and post-graduation work permit expired within days of the denial. Now, she is fighting to remain in Canada. Because she was the main breadwinner of the couple, we are unsure whether CIC will consider her husband eligible to sponsor her for PR status. At this point, it is very much up in the air whether this fairytale sponsorship-leading-to-adoption story will have a "happily ever after in Canada" ending or not. We can only hope. At this point, it is very unclear whether C.A.C did in fact benefit from the adoption.



Comment on Shand v Shand: Spousal Support not Granted by James Cooper

Sat, 30 Jun 2012 07:03:37 +0000

I agree that this was a well-argued decision. The judge in this case was mindful of the fact that his decision should be guided by the consequences of the marriage and its breakdown, and the consequent compensatory need stemming from the marital relationship. However, his assessment that she "left the marriage for no apparent reason" does raise the suspicion that perhaps aspects of his decision were based on factors that might depart from the factors that, according to statute, should be properly considered in a spousal support case.