Family Law and Civil Litigation Blog

the blog

Psychological Evaluations and Family Court

April 27, 2023

There is generally 3 types of psychological evaluations and reports used in a family matter: Voice of the Child Evaluation; Parental Capacity Assessment; Psychological report from a counsellor, psychologist, therapist, social worker or probation agent. Psychological evaluations are usually requested and/or ordered in cases where parenting time and decision-making responsibility regarding the children are at…


Emergency Interventions Orders in New Brunswick

February 22, 2023

What is an Emergency Intervention Order ? An emergency intervention order is a type of court order issued in situations where an individual’s safety or well-being is at immediate risk due to the actions or behavior of another person. It is typically used in cases of domestic violence, child abuse, or mental health emergencies. In…


The truth about Defamation

October 5, 2022

by: Ashley Martin and Marie-Hélène Haché You may have followed the US and UK  trial of Johnny Depp and Amber Heard. If you are curious of how these principles apply in New Brunswick, keep reading. What is Defamation? Defamation is the claim of which someone is accused of publishing or distributing a false statement of…


Family Law Vocabulary Simplified

July 13, 2022

Divorce, Separation, Legal Separation, Custody, Access, Primary Care, Primary Parent, Alimony, Child Support, Spousal Support, “She took everything”, “He has the children” – Rings a bell? Legal terms often differ from what you hear during consersations with friends, colleagues and family. Let’s tackle this together. Children When it comes to children, we talk about parenting…


The Court of Quebec follows Ontario and awards damages in a family matter

June 3, 2022

A second canadian province awards damages between parents in a family law setting


Do you have a Final Order? Did your income or the income of the other parent change? Child Support Amounts could be changed for free!

April 28, 2022

When the new Divorce Act and the Family Law Act came into force last March, 2021, provincial and federal government announced a Child Support Recalculation Service that would be made available throughout Canada by each province. This service would be free to anyone who had a child support order and needed the amounts to be…


Ontario Superior Court recognizes a tort of civil violence and awards $150,000 in damages

March 14, 2022

In a recent decision, the Ontario Superior Court recognized a tort of civil violence and awarded $150,000 in damages for compensatory, aggregate and punitive damages in Ahluwalia v. Ahluwalia, 2022 ONSC 1302, O.J. No. 908. The Tort of Civil Violence is a Conduct by a family member towards the plaintiff, within the context of a…


Vaccination, parenting time, and immunocompromised children 

February 23, 2022

The pandemic is causing heightened anxiety among co-parents, especially those who disagree about vaccination. Perspectives are difficult to reconcile and give rise to multiple legal issues relating to co-parents’ parenting time with their children as well as to vaccination and decision-making responsibility.  The Court of Queen’s Bench of New Brunswick recently decided to suspend in…


Navigating parental arrangements through the pandemic

January 27, 2022

Governmental regulations and recommendations are ever-changing. Covid is diffucult for us all and navigating parenting arrangements through this pandemic is confusing at best. Your situation may be different. Your child may be different and your family may be different. You must keep in mind that compliance with regulations and recommendations in place will likely be…