Case Purpose: Mobility/relocation determination—  Child safety, stability, and well being prioritization—  Long-distance parenting regime design— Best Interests of the Child

One of the most misunderstood aspects of family violence is this “if it was that bad, why didn’t they just leave?” Or worse: “Why did they go back?” The reality is that abuse is rarely simple. Neither are the psychological, financial, and legal consequences that follow. It is therefore increasingly important for courts and legal professionals to recognize how the dynamics of abuse can affect an Applicant’s conduct, both during the relationship and after separation.

When couples separate, one of the most common and understandable concerns is this: If we sign an agreement now, will it actually hold up in court later? The Supreme Court of Canada has addressed this question in important ways in two leading decisions: Miglin v. Miglin and Anderson v. Anderson. Although these cases deal with different legal issues. Together they offer clear guidance about how courts treat formal and informal domestic agreements.