Family Law Flashcards

Under the Hague Convention on International Child Abduction (implemented in Ontario by the Children's Law Reform Act), what is the primary remedy when a child is wrongfully removed?

Answer: The prompt return of the child to their habitual residence

The Hague Convention requires prompt return of the child to the country of habitual residence so that custody disputes can be resolved there, not in the abducting country.

Under Ontario family law, what is an 'imputed income' finding?

Answer: Income attributed to a spouse by the court where actual income is not a fair reflection of their earning capacity

Courts may impute income where a spouse is intentionally underemployed, concealing income, or where their actual income does not reflect their true capacity to earn.

What is a 'Voice of the Child' report in Ontario family law proceedings?

Answer: A report prepared by a social worker or assessor conveying the child's views and preferences

A Voice of the Child report is prepared by a trained professional to relay the child's views and preferences to the court without requiring the child to testify directly.

Under the Divorce Act, what is a 'section 7 expense' in child support?

Answer: Extraordinary and special expenses shared proportionally to income, such as childcare and extracurricular activities

Section 7 expenses are add-ons to table support and include childcare, medical/dental insurance premiums, healthcare not covered by insurance, extracurriculars, and post-secondary expenses.

In Ontario, what is the test for setting aside a domestic contract (such as a marriage contract or separation agreement)?

Answer: A court may set it aside for failure to disclose significant assets, duress, undue influence, or unconscionability

Under section 56(4) of the Family Law Act, a court may set aside a domestic contract on grounds including failure to disclose significant property, duress, undue influence, or unconscionability.

Under the Ontario Family Law Rules, what is a 'Form 13.1 Financial Statement' used for?

Answer: Disclosing income, expenses, assets, and debts in property and support cases

Form 13.1 is mandatory in cases involving both support and property claims and requires full financial disclosure to allow courts to assess claims fairly.