• Information on Matters to be Heard in the Ontario Superior Court of Justice during COVID-19

    Effective April 6th, 2020
    Geoffrey B. Morawetz
    Chief Justice
    Ontario Superior Court of Justice

    Read more

  • Hamilton Law Association Operations re. COVID-19 and Related Notices to the Profession

    Read more

  • Looking for a Lawyer in Hamilton?

    Search our Membership Directory by:
    First & Last Name
    Area of Law
    LSUC Certified Specialist
    Language other than English

    Read more

  • Looking for a legal job in Hamilton?

    Search our Careers Page for:
    Jobs for Lawyers & Support Staff
    Seeking jobs for Lawyers & Support Staff
    Seeking jobs for Articling & Summer Students
    Seeking Volunteer Positions

    Read more

Family Law Subcommittee

 

Kathleen Bingham
Chair


COOPER, Jennifer - 2015 

Jennifer Cooper
Vice-Chair

The Hamilton Law Association's Family Law Subcommittee advises on matters pertaining to Family Law that are relevant to the Board or its Committees.

 2019-2020 Subcommittee Members

MEMBERS PHONE
Kathleen Bingham, (Chair) Bingham Law 905-297-4767
Jennifer Cooper, (Vice-Chair) Hughes & Bale LLP 905-523-5252
Sean HeeleySzpiech, Ellis, Skibinski, Shipton 905-524-2454
James D. Higginson, James D. Higginson Law Office  905-628-6321
Imran Kamal, Catholic Children's Aid Society of Hamilton 905-525-2012 
Amy Katz, Amy Katz & Associates, Professional Corporation 905-522-0488
James Mountford, Ross & McBride LLP 905-526-9800
Michaela Newman, Hughes & Bale LLP 905-523-5252
Vicky Ringuette, Vicky M. Ringuette 905-297-4768
Renee Roy 905-572-9999
Whitney Smith, Vandeputte Law Professional Corporation 905-628-0101
James Wood,
Children's Aid Society of Hamilton
905-522-1121

To speak to an HLA staff person regarding the Family Law Subcommittee, please contact:
Rachel Anderson, Library Assistant & Membership Coordinator
tel: 905-522-1563, email: randerson@hamiltonlaw.on.ca 




HLA Family Law Events

UPCOMING EVENTS & SEMINARS

April 30
2020

POSTPONED 

The Family Law Lunch Bucket Series


POSTPONED UNTIL FURTHER NOTICE


For more information in this regard, contact Rachel Anderson at randerson@hamiltonlaw.on.ca

May 21
2020

POSTPONED

Family Law Spring Social


POSTPONED UNTIL FURTHER NOTICE

For more information in this regard, please contact Rachel Anderson randerson@hamiltonlaw.on.ca
FileTypeSizeUploaded onDownload
Family Law News - Silver Divorce - February 2020 PDF1.68 MB11 Feb, 2020 Download
State of the Family Bar - December 2019 PDF1.74 MB03 Jan, 2020 Download
Embryos as Property - June 2019 PDF1.56 MB14 Jun, 2019 Download
Family Law Update - April 2019 PDF1.61 MB25 Apr, 2019 Download
Family Law News - December 2018 PDF1.45 MB11 Dec, 2018 Download
Family Law News - October 2018 PDF1.47 MB19 Oct, 2018 Download
Bill -C78 - August 2018 PDF1.38 MB21 Sep, 2018 Download
It's Time to Raise the Bar, Hamilton - December 2017 PDF7.02 MB18 Dec, 2017 Download

BILL C-78 – DIVORCE ACT AMENDMENTS & CONSULTATIONS

In the midst of the COVID-19 epidemic, the Government of Canada is still moving forward with Bill C-78 (An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act) with two amendments and two new regulations.

The date for the coming into force of most of the provisions in the Divorce Act (the Act) was
fixed by order in council as July 1, 2020.

In light of the changes to the Divorce Act, two existing regulations have to be amended and two new regulations are required.

New regulations entitled Provincial Child Support Service Regulations would be established to include a number of rules for the calculation and recalculation of child support amounts under the Divorce Act. The new Regulations would include rules relating to the liability and appeal periods, as well as a method of calculation for provincial child support services to apply when
deeming the income of a parent for recalculation purposes. The new Regulations would apply in the absence of provincial or territorial rules.

New regulations entitled Notice of Relocation Regulations would be established in light of amendments to the Divorce Act that require the use of prescribed forms for the provision of information relating to certain types of moves. The Regulations would set out the required contents for three forms: Notice of Relocation, Notice of Objection to Relocation and Notice — Persons with Contact.

Rationale: The regulatory changes are required to:
• ensure consistent terminology and approaches among related statutory instruments and governmental policies;
• prevent any legal void;
• support and comply with the amendments to the Divorce Act; and
• improve the efficiency of processes, including rules relating to the calculation and recalculation framework under the Divorce Act.

In light of the changes to the Divorce Act, two existing regulations have to be amended and two new regulations are required to reflect changes to the following legislation.
1. Federal Child Support Guidelines
2. Central Registry of Divorce Proceedings Regulations

The Federal Government has made reviewing these changes/additions a little challenging. The link below will take you directly to the Canada Gazette. Once there, you can then click on the Proposed Regulations link in the Table of Contents, which will take you to the right section in the Gazette.

The section starts with the Regulatory Impact Assessment, which provides background information. This is followed by the Proposed Regulatory Text for each of the amendments to regulations /new regulations. The instructions for submitting comments appear at the beginning of the Proposed Regulatory Text for each of these.
http://www.canadagazette.gc.ca/rp-pr/p1/2020/2020-03-21/pdf/g1-15412.pdf
Alternative link:
http://canadagazette.gc.ca/rp-pr/p1/2020/2020-03-21/html/index-eng.html

The consultation period will end on April 20, 2020.

Submissions must cite the Canada Gazette, Part 1 and be sent to the Family and Children’s Law and Policy Unit via email: fclpu-updfe@justice.gc.ca.

Resources and Practice Aids


Notice to Profession: Changes to the Family Law Rules in force April 23, April 30 and July 1, 2018
Notice to Profession: Changes to the Family Law Rules in force April 23, April 30 and July 1, 2018
Notice to Profession: Changes to the Family Law Rules in force April 23, April 30 and July 1, 2018