It is a common misconception that all legal disputes are resolved in the court-room. In fact, only a fraction end up going to litigation; most are resolved through alternative dispute resolution, such as mediation or arbitration. It all depends on the complexity of the issue and the parties involved. So what is the difference between mediation, arbitration and litigation?
Outside of her family law practice, Marta Siemiarczuk has also been busy this year writing a series of articles for legal newspaper Law Times. Looking at cases from the Ontario Court of Appeal, Marta explored everything from retirement to marriage contracts.
In this era of international travel, important questions arise for families with children. Namely, what do you do if your former spouse travels internationally with your children, and decides to throw away the return tickets? Statistics show that the idea of “stranger danger” has been overstated in the media, and that children are far more likely to be abducted by one of their parents.
A house becomes more than just four walls and a roof when you put a family in it. It becomes a home; a place where family members – especially children – can feel safe and supported. However, the family home often becomes an issue after a separation. Who gets to live there? Should it be sold so that everyone can move on?
A surrogacy arrangement typically involves a few extra players who wouldn’t be present in a traditional pregnancy. Fertility specialists, lab technicians, sperm or egg donors and a surrogate and her loved ones come on board to assist a family in creating a new life. While it’s amazing to see how having a baby becomes a team effort, each new person who enters the equation increases the odds of a misunderstanding or miscommunication escalating into a dispute.
Only months after Ontario voted to adopt sweeping changes to the child protection and public adoption regime to take into account unique Indigenous relationships, a decision by the British Columbia Court of Appeal makes one wonder just how meaningful this reform will be in Ontario.
In parts one and two of this series, we outlined the possible civil and criminal consequence of posting an intimate photo or video of your ex online following a separation, but what about the consequences on your family law proceeding?
¬What happens if I share explicit images or videos of my ex without their consent? Is this a crime? Our previous blog post on this topic explored the Ontario Court of Justice decision last year, Doe 464533 v N.D., which recognized a new privacy tort for the first time in Canada called “publication of embarrassing private facts.” This post will look at the criminal repercussions for engaging in revenge porn.
So-called revenge porn involves the distribution of sexually explicit images or videos without the subject’s knowledge or consent, typically in anger or frustration over a broken relationship. It’s also an act that can come with severe civil and criminal consequences for the person publishing the content.
What happens when two people who are not in a romantic relationship want to raise a child together? Does the law recognize these kinds of parents? In a Canadian first, our very own Marta Siemiarczuk assisted Natasha Bakht and Lynda Collins in asking the court to declare them as co-mothers of Natasha’s son, Elaan.