Divorce Act

Colucci v Colucci: Framework for Reducing or Rescinding Child Support Arrears Retroactively

There has been confusion in the courts surrounding the applicable framework for determining applications under section 17 of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) to retroactively reduce or rescind the amount of owed child support (Colucci v Colucci, 2021 SCC 24 [Colucci], para 3). This confusion has partly resulted from the courts' […]

The Law on Relocation of Children after Marital Breakdown

One of the most difficult issues in family law is deciding when to permit the "primary caregiver" parent to move with the children to a place far away from the other parent. Lawyers who work in the area tend to agree that outcomes are highly unpredictable. Ordinarily, only a small percentage of divorcing parents go […]