The Family Connection
A blog published by the Nelligan O'Brien Payne LLP Family Law Group. We help people with all their family law issues, including child support, spousal support, divorce, property division, surrogacy, donor agreements, adoption, and much more.
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Custody And Access: How Much Say Does My Child Get?

by Paula Lester on August 12, 2016

Custody And Access: How Much Say Does My Child Get?

Upon separation, a lot of parents are curious about how much input or control their child has over issues of custody and access. The answer? It depends.

In Ontario, judges decide questions of custody and access based upon the child’s best interests. In order to determine what is in a child’s best interests, judges are required to take into account the views and preferences of children, if they can be reasonably ascertained.

Read more on Custody And Access: How Much Say Does My Child Get?

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.

Key Considerations When Thinking About Surrogacy

by Dana Du Perron and Erin Lepine on July 7, 2016

Key Considerations When Thinking About Surrogacy

As reproductive science continues to advance, fertility law is fighting to keep up. With Ontario’s announcement that, under its new Fertility Program, eligible Ontarians will receive government funding for fertility treatment, it is anticipated that fertility law will only become increasingly relevant. In the absence of clear and detailed legislation, however, it can be difficult to know one’s rights and obligations. While pulling from existing legislation and legal principles can help to deal with legal issues affecting both the intended parent(s) and the surrogate, there remains a plethora of issues that should be carefully considered before deciding to use or become a surrogate.  Below are a few things you should consider.

Read more on Key Considerations When Thinking About Surrogacy

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.

We Are Family: Legal Issues When There Are Children From Multiple Relationships

by Paula Lester on June 15, 2016

We Are Family: Legal Issues When There Are Children From Multiple Relationships

In family law, we are seeing an increasing number of clients with multiple ex-spouses and children from past relationships. These clients bring with them new challenges for family lawyers. For example, parents may want to have the same parenting regime with children from multiple relationships, or may wonder why their child support obligations are so much higher than if all of their children had arisen from one relationship.

Read more on We Are Family: Legal Issues When There Are Children From Multiple Relationships

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.

LGBTQ Parental Equality Legislation in Ontario: Coming Soon?

by Erin Lepine on June 9, 2016

LGBTQ Parental Equality Legislation in Ontario: Coming Soon?

On May 31, 2016, Ontario Premiere Kathleen Wynne announced that the Ontario government will be tabling new parental recognition legislation in September 2016, rather than pushing though the existing Bill 137, commonly referred to as Cy and Ruby’s Act.

Cy and Ruby’s Act was tabled in the Ontario Legislature in October 2015, with the primary purpose being to make birth registration services accessible to LGBTQ families and removing the legal barriers to same.

Read more on LGBTQ Parental Equality Legislation in Ontario: Coming Soon?

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.

Life Insurance: Protecting Support Obligations after Death

by Paula Lester on April 28, 2016

Life Insurance: Protecting Support Obligations after Death

What are the insurance implications when one party has a spousal and/or child support obligation to the other? It is common practice to require the payor spouse to designate the recipient spouse as the irrevocable beneficiary of a life insurance policy. This is done either by agreement or by a court order. The minimum required face value of the life insurance policy is set at an amount large enough to ensure that the payor’s support obligations are fully covered in the event of the payor’s death.

Read more on Life Insurance: Protecting Support Obligations after Death

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.