Family Law Question Pack - Questions
Family Law
1. Noah is a 5-year-old First Nations child who has been apprehended by a children’s aid society following substantiated allegations of neglect. The CAS has filed a protection application and proposes to place Noah with a non-Indigenous foster family outside his home community due to a shortage of immediate placement options. Noah’s band promptly submits a customary care agreement under s. 80 of the CYFSA, proposing placement with a relative caregiver on the reserve and detailing support services to be provided.
What are the society’s and court’s obligations in light of the customary care plan?
A) The society may proceed with its proposed foster placement if the band’s customary care arrangement is deemed financially inefficient or administratively burdensome.
B) The court must disregard the customary care plan unless it has been approved through federal administrative channels and registered in accordance with federal funding guidelines.
C) The court has no jurisdiction to review the society’s temporary placement decisions, particularly where no final order has been made.
D) The society must give priority to the customary care agreement and make reasonable efforts to support the plan, and the court must consider it before issuing a placement order.
2. Liam was recently awarded $30,000 in retroactive spousal support following a court decision in early 2023. The payments relate to support owing from 2019 to 2022. Liam receives the lump sum in March 2023 and is advised by his accountant that, unless action is taken, the entire amount will be included in his 2023 income. This would push him into a higher tax bracket and increase his total tax liability substantially.
What is Liam’s best option to reduce the tax consequences of receiving the lump sum in a single year?
A) Request that the CRA consider a reallocation of the amount across the prior tax years through a designated averaging form.
B) Submit documentation to the CRA seeking to categorize the payment as a family-related capital gain spread over time.
C) Apply to the CRA to have the amount offset against prior-year registered contribution room to mitigate the tax impact.
D) Request that the CRA allow the payment to be treated as a matrimonial entitlement for equalization rather than support.
3. Tanya and Brad divorced five years ago. Brad was ordered to pay time-limited spousal support for four years. Tanya now applies to extend the support, arguing that she has been unable to find stable employment despite efforts and continues to face hardship. Brad opposes the motion, saying the original order was final and not subject to review.
What must Tanya demonstrate to succeed in her variation application?
A) That Brad’s income and overall financial position have significantly improved since the original order was made and the current support level is no longer fair.
B) That she did not explicitly agree to a fixed duration for support and that any limitation was imposed without her full understanding or consent.
C) That her circumstances have materially changed and that she continues to experience financial hardship.
D) That the original terms failed to adequately reflect her earning potential and should be reopened based on fairness and evolving needs.
4. Anna and Jakob, both residents of Germany, draft a cohabitation agreement there in anticipation of moving to Ontario. The agreement is silent about which jurisdiction’s law applies. After separation in Ontario, Anna seeks to enforce the agreement in Ontario family court.
What law governs the validity and enforceability of the agreement?
A) The laws of Germany apply because the parties were living there when the agreement was created and it reflects their initial place of residence.
B) Ontario law governs because the parties are now physically located in the province and the agreement is being tested in its courts.
C) The agreement is subject to its proper law, which governs in the absence of a choice and is based on the contract’s closest connection.
D) The agreement has no legal effect in Ontario because it was executed before the parties became residents of the province.
5. Marcus has an outstanding support order. He is about to receive a $10,000 federal income tax refund. The Director of the FRO initiates federal garnishment proceedings under federal enforcement legislation to collect the arrears from the refund.
Is this collection method legally authorized?
A) No, because income tax refunds are excluded from garnishment under provincial enforcement law unless specifically court-ordered.
B) Yes, under federal law, the FRO may intercept the full amount of the tax refund to recover support arrears.
C) Yes, although only half of the refund can be withheld unless Marcus has been in default for more than one year.
D) Yes, but only if Marcus has signed a consent form authorizing federal diversion of his refund toward support enforcement.
6. Zara, a 16-year-old, has been living with her aunt for over two years following her parents’ deaths. Her aunt has not adopted her but has de facto care. Zara wants to legally change her last name to match her aunt’s. The aunt supports the change and helps Zara complete the application. However, the Registrar General rejects the application, saying that it lacks the necessary supporting materials. Zara and her aunt are unsure what more is required.
Why was the application properly rejected by the Registrar?
A) Because she is under 18 and did not provide consent from someone with lawful custody or seek a court exemption.
B) Because name changes for minors can only proceed where the applicant is already subject to a formal custody order.
C) Because the aunt, lacking formal guardianship, cannot sponsor the application without additional documentary authority.
D) Because all requests for minor name changes involving extended family members must go through the court’s guardianship process.
7. Steve and Hannah were married in 2015 and separated in 2022. Hannah worked for a large tech company and was granted stock options over the course of her employment. Some of these options were granted before the separation but were not yet vested. Steve’s lawyer seeks to include the unvested options in Hannah’s net family property on the basis that they were earned during the marriage. Hannah argues that because they were not exercisable on the valuation date, they are speculative and should be excluded.
How will the court likely address the issue of the unvested stock options?
A) The options are excluded because they remain unvested and therefore do not represent a realizable asset on the valuation date.
B) The options are excluded on the basis that their contingent nature makes them too uncertain for proper inclusion in net family property.
C) The options are considered only if Hannah voluntarily includes them and provides supporting valuation documentation.
D) The options are included if they were earned during the marriage, even if unvested, and must be properly valued.
8. Kara and Zoe are in a cohabiting relationship and want to formalize their property and support obligations. They meet with a lawyer to draft an agreement that reflects their intention to share assets equally and waive spousal support unless the relationship lasts more than five years.
What type of agreement may Kara and Zoe enter into under Ontario law?
A) A cohabitation agreement created in accordance with the governing provisions of the Family Law Act.
B) A prenuptial-style contract based on spousal obligations arising under the Divorce Act for common law partners.
C) A statutory form signed jointly under the Children’s Law Reform Act acknowledging future entitlement rights.
D) A declaration of beneficial ownership structured around shared title and intended equal division of assets.
9. Dalia and Leo separate and retain lawyers to draft a comprehensive separation agreement. The agreement resolves property, child support, and spousal support. Dalia discloses all assets, including her business, but omits a small GIC worth $4,500. Three years later, Leo seeks to set aside the agreement on the basis of material nondisclosure.
How will the court assess this claim?
A) The court will assess whether the omitted asset materially affected the overall fairness of the agreement.
B) The court will set the agreement aside without further inquiry due to the existence of an undisclosed financial instrument.
C) The agreement cannot stand because a complete financial statement was not filed along with the contract terms.
D) The contract must be declared void if the omission of any asset is proven, regardless of value or impact.
10. A children’s aid society (CAS) has obtained a protection finding for Aiyana, a 7-year-old Inuk girl. A court is now considering a permanent placement order. The CAS proposes a non-Indigenous foster home outside of her home territory due to a lack of available beds nearby. Aiyana’s extended family and her Inuit community express strong opposition to the proposal and offer to take her in under a customary care plan. The court is aware that the child has been culturally immersed in her community since birth and speaks Inuktitut as her first language.
In determining Aiyana’s permanent placement, what does the CYFSA require the court to prioritize?
A) Placement with foster caregivers who have received formal cross-cultural training and who demonstrate general awareness of Inuit traditions.
B) Placement with extended family or community members who support her cultural continuity, unless there is a compelling reason to depart.
C) Placement in a licensed home that meets provincial regulatory standards, even if it lies outside the child’s cultural environment.
D) Placement consistent with the CAS’s assessment of available resources and its proposed permanency plan, regardless of cultural objections.
11. Jonathan and Maya separate after an abusive relationship. Maya wants a restraining order preventing Jonathan from contacting her or approaching her workplace. Jonathan has previously threatened to harm Maya if she left him. The lawyer is preparing a motion.
What is the correct legal basis and scope for seeking a restraining order?
A) A restraining order must be pursued through the criminal justice system and cannot be granted by a family court without formal charges.
B) The appropriate first step is to apply for exclusive possession of the home before any restrictions on contact can be considered.
C) Under the FLA, a restraining order can prevent contact and proximity if there are reasonable grounds to fear for safety.
D) Restraining orders under Ontario family law are available only to legally married spouses and not to former partners.
12. Farah, a separated parent, files an application seeking sole decision-making responsibility and primary parenting time. She wishes to obtain a temporary order for parenting arrangements and child support, arguing that the current lack of structure is harming the child. Farah's lawyer prepares a motion for temporary relief but has not yet scheduled a case conference or attended one. There are no allegations of urgency or risk to the child. The motion is scheduled unilaterally for hearing two weeks later.
What is the likely procedural response from the court?
A) The court may proceed to hear the motion if all materials are filed in accordance with the timelines and the responding party has been properly served.
B) The court may proceed to evaluate the motion if it finds that the requested relief appears consistent with the best interests of the child on an interim basis.
C) The court will decline to hear the motion until a case conference has been held or leave is granted due to exceptional circumstances.
D) The court is likely to adjourn the matter and use the scheduled appearance to address long-term hearing timelines or scheduling issues.
13. Ali and Natalie separated in 2022. Natalie has primary care of their daughter, but Ali has relocated outside of Canada. Natalie applies for child support through the Interjurisdictional Support Orders Act, 2002 (ISOA). Ali resides in a reciprocating foreign jurisdiction. Natalie wants the Ontario court to make a final order.
How must Natalie proceed under the ISOA in this situation?
A) File a provisional support application in Ontario and request that the foreign court confirm and enforce the order.
B) Ensure any prior family law judgments are registered in Ontario before initiating a child support claim under the ISOA framework.
C) Apply for an interim order in Ontario while awaiting further proceedings in the reciprocating jurisdiction.
D) Submit the ISOA application to the designated authority in Ontario for transmission to the relevant foreign jurisdiction.
14. Layla is 20 years old, lives at home, and is completing her first undergraduate degree full-time. Her parents, Diane and Roy, divorced several years ago. Layla receives some government loans and works part-time during the academic year. Diane, with whom Layla resides, now seeks continued child support from Roy. Roy opposes the claim, arguing that Layla is now an adult and partially self-supporting.
How will the court assess Layla’s entitlement to continued support?
A) The court will likely deny support since Layla has passed the age of majority and is generating some income independently.
B) The court will generally not award support unless Layla suffers from a limiting condition that restricts her capacity to be financially self-sufficient.
C) The court may order support if Layla remains dependent due to her enrollment in post-secondary education and cannot yet withdraw from parental care.
D) The court will usually extend financial support until the child reaches age 25, provided they are pursuing a degree on a full-time basis.
15. Erica applies for a default hearing because her former spouse, Sean, has made no support payments in over six months. The Director of the FRO requires Sean to file a financial statement. During the hearing, it is revealed that Sean transferred title of his investment accounts to his sister shortly after falling into arrears.
How may the court address the asset transfer at the default hearing?
A) The court has no jurisdiction to compel disclosure or documents from non-parties, even if the assets appear to be diverted.
B) The court may add Marianne as a party to the hearing and require her to file financial disclosure if it appears the accounts are being used to shield Sean’s assets.
C) While the court can compel Marianne’s appearance as a witness, it cannot formally add her as a party or require her to submit a financial statement.
D) The court may issue a contempt order against Marianne for participating in the asset transfer, regardless of whether she is added as a party.
16. Raheel and Leila are separating and negotiating a parenting plan. Leila wants to include a clause prohibiting either parent from changing their daughter’s last name without the other’s consent. Raheel believes this is unnecessary because he thinks courts will always require consent from both parents for name changes. Leila’s lawyer advises otherwise and insists the clause be included to protect her client.
Why is Leila’s lawyer correct to insist on the clause?
A) Because even where parenting is shared, the Office of the Registrar General may approve a name change on notice alone, unless a legal agreement or court order requires consent.
B) Because without a clause in the agreement, the parent with decision-making responsibility may apply unilaterally to change the child’s surname, subject only to advance notice to the other.
C) Because the Registrar General cannot legally alter a child’s surname unless both parents provide written consent or the child is over 12 and expresses a preference.
D) Because a name change can only proceed with court approval, which will consider the separation agreement binding on both parties.
17. Leila and Martin were married for 21 years before separating. Leila seeks indefinite spousal support under the Spousal Support Advisory Guidelines (SSAGs). Martin earns $300,000 per year. Leila is 61 and worked part-time during the marriage while raising their children. Martin argues that support should terminate at retirement and should not be indefinite.
What is the likely outcome under the SSAGs and case law?
A) Spousal support will likely be indefinite due to a long marriage and the rule of 65.
B) Spousal support ends at retirement as a rule, especially where the payor can no longer sustain high payments on a fixed pension.
C) Support will likely be denied because Leila’s part-time work history during the marriage demonstrates residual earning capacity.
D) The SSAGs do not apply because Martin’s income exceeds the $250,000 ceiling, requiring a discretionary approach by the court.
18. Eric and Michelle have joint custody of their 11-year-old daughter, Chloe, under a final court order that is silent on name changes. After their separation, Michelle applies to the Registrar General to change Chloe’s surname to her own. She does not notify Eric of the application and does not obtain his consent. The application is approved, and Chloe’s name is changed. Eric later discovers the change when reviewing school records and is outraged that this happened without his knowledge. He contacts the Registrar General to reverse the change.
What recourse, if any, does Eric have at this stage?
A) He can request that the Registrar General revoke the name change on the basis that the information provided by Michelle was materially false.
B) He must file a complaint with the Vital Statistics Tribunal, which has limited jurisdiction over disputed registrations involving minors.
C) He must apply to the court to challenge the name change and seek a declaration that notice and consent were improperly bypassed.
D) He may refer the matter to the Office of the Children’s Lawyer, which can intervene in disputes involving parental decision-making authority.
19. Julia and Mark separated in 2020. In 2021, they executed a formal separation agreement through counsel, in which Mark agreed to pay Julia a single lump sum of $45,000 to settle all claims relating to spousal support. The agreement contained no provisions for periodic support and included a mutual waiver of future claims. Julia reported the $45,000 as spousal support income on her 2021 tax return. Several months later, CRA reassessed her return, removing the lump sum from income. Julia is confused and consults her lawyer, who confirms that the CRA’s treatment is correct.
Why did CRA exclude the lump sum from Julia’s income?
A) Because she failed to submit Form T1198, which is required for reporting retroactive lump sum payments that relate to multiple prior tax years.
B) Because the payment was not periodic and did not meet the Income Tax Act’s definition of eligible support payments.
C) Because the agreement was not formally registered with the CRA, as is required for enforceability under the spousal support deduction regime.
D) Because Julia was deemed to have received the amount as a non-taxable equalization payment rather than income for support purposes.
20. Raj and Sita were married for 12 years and regularly spent weekends and holidays at a cottage owned solely by Raj prior to marriage. The cottage was never jointly titled, but it was used consistently by the family, maintained using joint funds, and contained family furnishings. At separation, Sita claims that the cottage qualifies as a matrimonial home and should be equally shared, even though Raj argues it was never their primary residence.
How is the cottage likely to be treated under the Family Law Act?
A) It is excluded from equalization because it was owned by Raj prior to marriage and was not acquired with joint funds.
B) It is excluded from matrimonial home status because the parties did not ordinarily reside in it as their sole or primary residence.
C) It may qualify as one of multiple matrimonial homes if used regularly by the family.
D) It may have been held in joint tenancy or registered as co-owned to fall within the matrimonial home regime.
21. Eva fled the family home with her children following a violent episode. She is staying at a shelter and urgently needs legal protection, housing stability, and financial support. Her lawyer prepares to bring an emergency motion for interim relief, including child support, parenting time, and a restraining order.
What procedural requirement must be met to bring an emergency motion before a case conference?
A) Leave must be granted to bring a motion based on urgency or hardship.
B) A motion may only be brought once pleadings are complete and the matter is scheduled for trial management.
C) The court must hold a case conference or alternative dispute resolution meeting before any motion can be heard.
D) The court may only grant leave to hear motions related to financial support prior to a case conference; parenting and safety issues must wait.
22. Farid applies for a divorce and seeks sole decision-making responsibility for the parties’ two children. At the time of the application, the children have been living with their other parent, Simran, in British Columbia for over a year, while Farid resides in Ontario. Simran files a response disputing the parenting claim and objects to Ontario jurisdiction. Farid argues that since the divorce was filed in Ontario, the Ontario court has jurisdiction over parenting.
Which court has jurisdiction to make parenting orders under the Divorce Act?
A) Ontario, because it is the initiating jurisdiction of the divorce and may determine incidental parenting matters.
B) British Columbia, because the children are habitually resident there at the time of the application.
C) Either court, as the Divorce Act provides concurrent jurisdiction based on the residence of both parties and the children.
D) Ontario, if the children resided there for a significant period before moving, and no formal agreement altered jurisdiction.
23. Chantel, age 35, applies to change her name with the Ontario Registrar General. Her application discloses that she is an undischarged bankrupt and has a pending civil lawsuit filed against her for breach of contract. Her creditors are unaware of the change of name application. She submits all required documents and the prescribed fee. The Registrar processes the change and issues a certificate. A month later, one of her creditors challenges the change.
What information should have been disclosed and to whom, according to the CNA?
A) The Registrar was required to notify only a licensed credit reporting agency of the change, provided that a legal proceeding was ongoing.
B) The application should have been automatically stayed pending discharge from bankruptcy and resolution of the civil action.
C) The applicant should have included a police records check confirming that no civil or enforcement orders were active.
D) Notice of the change of name should have been given to the Registrar in Bankruptcy, the court registrar, and relevant enforcement officials, as required by s. 8(1)(c).
24. Evelyn has received monthly spousal support payments under a court order for the past two years. In 2023, she hires a family law lawyer to bring a motion to enforce unpaid arrears and to seek a variation increasing the amount going forward. Her legal bill totals $6,000. After a contested hearing, the court awards Evelyn $1,500 in costs, which she receives later that year. When preparing her tax return, Evelyn asks her accountant whether she can deduct the full amount of her legal fees.
What is the correct treatment of Evelyn’s legal fees and costs award?
A) She may deduct the full $6,000 of legal fees under s. 60(b) of the ITA and exclude the $1,500 cost award from income under standard litigation cost recovery rules.
B) She may deduct only the portion of the legal fees related to enforcement of arrears, but not the portion attributable to the variation request.
C) She may deduct $4,500, as the $1,500 cost award must reduce the allowable legal fee deduction in the same tax year.
D) She may not deduct any portion of the legal fees because spousal support enforcement and variation do not qualify as income-generating expenses under the ITA.
25. Robert and Leah, both unmarried, have a daughter, Mia. Mia has lived in Ottawa since birth. Leah files an application under the Children’s Law Reform Act (CLRA) in Toronto, seeking sole decision-making responsibility. Robert challenges the jurisdiction, stating that the child is not habitually resident in Toronto and that Leah filed there for convenience.
Under what condition may a court in Toronto assume jurisdiction under the CLRA despite the child not being habitually resident there?
A) If the applicant has sole custody under an existing parenting plan or informal agreement and the child has visited Toronto within the past year.
B) If the child is physically in Ontario and the statutory exceptions under s. 22(1)(b) are satisfied.
C) If the applicant resides in Toronto and the child is at least six years old and capable of expressing views.
D) If both parents previously executed a separation agreement allocating decision-making authority, regardless of the child's location at the time of filing.
26. Dimitri falls behind on his child support obligations. The FRO notifies him that his driver’s licence will be suspended in 30 days unless he acts. Dimitri urgently files an application to vary the support order but misses the deadline to obtain a refraining order from the Superior Court of Justice.
What is the legal consequence of missing the refraining order deadline?
A) The suspension may still be delayed if the variation application was filed in good faith and includes a sworn financial statement.
B) The court has residual discretion to extend the deadline for refraining relief where hardship or procedural delay is demonstrated.
C) The FRO may postpone enforcement of the suspension pending outcome of the variation, provided the payor notifies them within the 30-day window.
D) The licence will be suspended automatically; the court has no discretion to extend the deadline.
27. Felix and Andrea execute a marriage contract in Ontario that excludes spousal support in the event of separation. At the time of execution, both were independently advised, and full disclosure was provided. Ten years later, Andrea becomes disabled and financially dependent. She seeks to set aside the waiver and claim support.
What legal standard applies to determine if the support provision can be overridden?
A) The court may override a support waiver if it is unconscionable at the time of the hearing.
B) It must be established that the waiver is legally unenforceable due to intentional misrepresentation or concealment at the time of signing.
C) The court must determine whether the recipient has experienced a material change in circumstances that was foreseeable at the time of the contract.
D) The support waiver can only be set aside if the domestic contract was not registered with the Superior Court of Justice pursuant to Rule 15 of the Family Law Rules.
28. Carly is served with an application for child support above the table amount, including a claim for special expenses under section 7 of the Guidelines, and spousal support based on a 10-year common-law relationship. The applicant also seeks sole decision-making responsibility for their child. Carly receives the documents by special service at her Toronto residence. She contacts legal aid but cannot get a consultation within the week. She is concerned about her legal obligations and timelines, particularly as she disagrees with the spousal support claim and intends to dispute the child-related relief sought.
What are Carly’s obligations under the Family Law Rules once she has been properly served?
A) She must personally attend a first court appearance or case conference within 7 days of being served or risk default judgment.
B) She may delay filing her response until she has secured legal counsel, provided she notifies the court of her intent to respond.
C) She must serve and file her answer, including a financial statement and Form 35.1, within 30 days.
D) She is only required to respond formally if she seeks shared parenting or intends to raise a claim of undue hardship.
29. Talia is the sole applicant in a divorce application. She alleges cruelty as the basis for divorce but has continued living in the same household as her spouse due to economic necessity. They sleep in separate bedrooms, do not eat meals together, and have no shared social life. The respondent challenges the claim of cruelty and argues that cohabitation contradicts her claim.
Can the court grant a divorce on the ground of cruelty even though the parties still live under one roof?
A) No, the continuation of cohabitation within a shared residence negates the legal basis for a cruelty-based divorce claim.
B) Yes, but only if the applicant produces third-party evidence establishing psychological or emotional harm during the marriage.
C) No, unless the respondent consents to the divorce and acknowledges that the marriage has irretrievably broken down.
D) Yes, if the applicant proves that the cruelty made continued cohabitation intolerable, even if they still live in the same residence.
30. Rachel presents her lawyer with a draft separation agreement prepared by her spouse’s lawyer. Rachel wants to proceed quickly and asks for independent legal advice (ILA) without negotiation. The agreement includes a waiver of spousal support and property claims. The lawyer suspects Rachel is under pressure and the terms are highly unfavourable. Rachel insists on signing.
What is the lawyer’s ethical obligation?
A) Provide a standard explanation of the agreement’s legal terms and permit Rachel to sign, provided the retainer is documented.
B) Proceed only if Rachel executes a written waiver confirming that she is declining negotiation and accepts all associated risks.
C) Recommend improvements to the agreement but respect Rachel’s autonomy by signing the ILA certificate regardless of concerns.
D) Refuse to sign the ILA certificate and decline to act if the client ignores strong legal advice.
31. Sophia and Emma are co-parents of a child conceived through assisted reproduction. They had a written agreement before conception stating that both would be parents, and the child has lived with them equally since birth. They later separate, and Sophia now disputes Emma’s parental status in a CLRA parenting application.
How will the court determine whether Emma is legally recognized as a parent under the CLRA?
A) Based solely on biological contribution to the conception of the child and DNA testing where applicable.
B) Based on the name registration at birth and parental designation on the birth certificate under the Vital Statistics Act.
C) Based on the preconception parentage agreement and mutual intention to parent under the applicable provisions of the CLRA.
D) Based on who has historically exercised primary parenting time and decision-making since the child's birth.
32. Sophie applies for retroactive spousal support, claiming that she delayed due to intimidation and emotional trauma following her separation from Jason. She submits evidence of prior financial hardship and Jason’s obstructionist behaviour, including misleading tax disclosures. Jason argues the delay is unreasonable.
What will the court consider in deciding whether to grant retroactive support?
A) Only the date the formal application was issued, as retroactive entitlement begins with commencement of legal proceedings.
B) Whether the parties have dependent children, as retroactive spousal support is generally unavailable in childless relationships.
C) Whether there is evidence of hardship, intimidation, or income misrepresentation.
D) Whether Sophie’s current income is significantly lower than Jason’s and whether this disparity has persisted for more than 12 months.
33. Wendy and Marcus married in 2012. At that time, Marcus had already been contributing to a federal defined benefit pension plan since 2005. They separated in 2023 after an 11-year marriage. Wendy’s lawyer seeks to include the value of Marcus’s pension in his net family property, arguing that it is a significant asset earned over the course of the marriage. Marcus argues that the pension is not accessible, has not yet vested, and should be excluded.
How will the court likely treat Marcus’s pension for equalization purposes?
A) It will be excluded in full because Marcus has not yet retired and the pension has not crystallized into a payable benefit.
B) Only the exact dollar contributions made during the marriage, without interest or growth, will be included in the equalization calculation.
C) A pro rata portion of the pension’s total value earned during the marriage will be included in Marcus’s net family property.
D) The full present-day commuted value of the pension will be included in Marcus’s net family property regardless of pre-marital accrual.
34. Thomas and Rachel, a married couple, resided for 15 years in a family home on a First Nation reserve in southern Ontario. The home is subject to a certificate of possession issued under the Indian Act, held solely in Thomas’s name. Rachel, who is not a band member and not a registered Indian, lived in the home throughout the marriage and raised their two children there. After separation, Thomas moves out and tells Rachel to vacate the property. Rachel wants to assert her rights and seek compensation or occupation, but learns that she cannot claim an interest under the Family Law Act, nor does she have title or possession rights.
What is Rachel’s most viable legal remedy?
A) She may bring a claim under the FHRMIRA for division of the value of matrimonial interests or for exclusive occupation of the home.
B) She may request that the band council reassign her a comparable residence on reserve land based on the duration of her residency.
C) She must rely on the equalization provisions of the Family Law Act, which permit division of all family assets, including reserve properties, regardless of legal title.
D) She must file a formal land claim with Indigenous Services Canada to obtain possessory rights based on common-law occupancy.
35. Olivia and Derek cohabited for five years and raised a child together. Olivia left her job to care for the child full-time. After separation, Derek kept all their joint savings and refused to pay support. Olivia files an unjust enrichment claim seeking compensation for her financial sacrifices.
What remedy is most likely if Olivia proves unjust enrichment?
A) An equal division of all assets accumulated during cohabitation, applying principles similar to those in the Family Law Act.
B) A restitutionary monetary award based on the value surviving approach, reflecting Olivia’s contributions to assets retained by Derek.
C) A constructive trust automatically granting Olivia a proprietary interest in Derek’s residence based on caregiving alone.
D) Retroactive child support assessed using the Federal Child Support Guidelines to account for Derek’s non-payment.
36. David and Clara cohabited for four years and had a child. They separated and agreed to a comprehensive separation agreement in which Clara waived spousal support. Three years later, Clara applies to set aside the waiver, citing her current financial hardship and the imbalance in bargaining power when the agreement was signed.
What standard will the court apply under the Family Law Act in deciding whether to set aside the waiver?
A) The agreement remains binding unless the applicant can establish deliberate concealment or fraudulent inducement by the other party.
B) The agreement cannot be revisited simply because one party now believes the terms were unwise or unfavorable in hindsight.
C) The agreement may be set aside if enforcement would lead to unconscionable circumstances.
D) A waiver is automatically void after three years.
37. Leo was found in need of protection two years ago and placed in the custody of his maternal aunt under a custody order made pursuant to s. 102 of the CYFSA. Since then, Leo has lived continuously with his aunt, attended school in her neighbourhood, and developed a stable home life. His mother now wishes to bring a status review application to regain custody. She has recently completed a parenting program and moved into stable housing. The society supports Leo’s continued placement with his aunt and argues that the mother must first obtain leave to proceed.
Is the society’s position correct, and how should the court assess this?
A) No, a parent may bring a status review application at any time without leave.
B) Yes, leave of the court is required under s. 115(5) because the child has lived with the same caregiver under a custody order for more than two years.
C) No, status review applications are always open to parents if they complete a parenting plan.
D) Yes, but only where the caregiver is actively pursuing legal adoption or has obtained full guardianship under provincial legislation.
38. Devin and Michelle are in ongoing litigation regarding their two children. Devin seeks to restrict Michelle’s parenting time to supervised visits, alleging a history of alcohol abuse. Michelle has recently completed treatment and argues that supervision is unnecessary. No prior court orders exist, and there are no current concerns about safety or neglect.
What must Devin demonstrate to obtain a supervised parenting order?
A) That supervision is in the child’s best interests and that unsupervised contact would pose a risk.
B) That Michelle was previously found by a court to be incapable of meeting the child’s needs due to addiction or mental health concerns.
C) That where a parent has a documented history of substance use disorder, courts will generally impose supervision as a precautionary measure.
D) That both parties have previously consented to supervised access in writing, and the consent remains unrevoked.
39. Stephanie cohabited with Raj for three years. Their relationship ended in 2023. She now wishes to claim spousal support. Raj argues that because they were not married, Stephanie has no support entitlement.
Under what legal framework may Stephanie bring her claim?
A) Under the Divorce Act, as the federal legislation permits claims by unmarried cohabitants who shared a household and financial responsibilities.
B) Under Part III of the Family Law Act, because they cohabited for at least three years.
C) Under the Child Support Guidelines, if they had a child.
D) She cannot pursue support as a common law partner unless she demonstrates economic disadvantage directly caused by the relationship’s breakdown.
40. Aiden is the respondent in a proceeding involving both support and property division. In his Form 13.1 financial statement, he lists an interest in a privately held corporation. To determine the value of his share, he provides a one-page letter from the company’s internal accountant estimating the value of the corporation at $150,000. The applicant’s lawyer objects, arguing that the valuation is unreliable, lacks neutrality, and should not be accepted by the court without more.
What is the expected standard of valuation for corporate interests in family law proceedings?
A) The court will generally accept an internal valuation if the letter is sworn and discloses the underlying financial statements.
B) Any stated value, even if approximate, satisfies the duty of disclosure so long as it is not misleading or deliberately withheld.
C) A professional valuation by an independent expert is expected, especially for significant assets.
D) Only the business’s annual income is relevant in family law, and the capital value of the company is excluded unless shares are publicly traded.
41. Karen and Amit are divorced. They share decision-making responsibility and equal parenting time for their son, Nathan. Karen now wishes to relocate to Vancouver for a new job opportunity. Amit opposes the move, stating it will disrupt Nathan’s established routine. Karen provides notice of her intention to move, including a revised parenting plan. Amit formally objects.
Who bears the burden of proof in this relocation dispute?
A) Karen, because she is the parent proposing the move and must show the relocation aligns with her career needs and parenting capacity.
B) Karen, because the child spends equal time with both parents.
C) Amit, because under s. 16.93(1), the burden lies with the parent opposing relocation where the child resides primarily with the moving parent.
D) Neither party bears the burden, it is neutral in relocation cases
42. After unsuccessful attempts to settle their parenting dispute, Claire and Jonah agree to enter into a mediation/arbitration (med-arb) process. They sign a comprehensive med-arb agreement, including domestic violence screening. During mediation, the parties reach agreement on all issues except the parenting time schedule. The mediator transitions into the arbitration phase and issues a binding award.
What are the key legal considerations that make this med-arb award enforceable?
A) The mediation phase must include a minimum of three sessions before arbitration can begin, to ensure meaningful effort at consensual resolution.
B) The mediator must also be accredited as a mental health professional to assess and manage power imbalances during parenting disputes.
C) Arbitration is enforceable without a written agreement if parenting is involved.
D) The parties must have signed a med-arb agreement with independent legal advice and domestic violence screening.
43. Terry, a respondent in a divorce application, originally filed an answer denying entitlement to spousal support and asserting that the parties had no children. After further consultation and discovering that his former spouse had a child during their relationship whom he had supported, he now wishes to amend his answer to seek joint decision-making and parenting time. The applicant has already filed a reply, and a case conference has been held. Terry prepares an amended answer and serves it on the other party without seeking permission.
What procedural error has Terry committed?
A) None; amendments may be served at any time before trial.
B) He must obtain written consent or leave of the court before amending pleadings at this stage.
C) He must serve a motion for summary judgment along with the amended answer.
D) He must wait until the matter is set down for trial to request an amendment
44. Sophia receives $2,000 per year in government grants to help with her daughter’s special education program. She incurs annual costs of $6,000 for tutoring and special therapies. Sophia applies under s. 7 of the Guidelines for contribution from the child’s father, Jon, who earns $80,000 per year. Sophia earns $60,000 annually. Jon argues that the Table amount already covers educational costs.
How will the court likely apportion the special expenses?
A) Jon pays the full amount unless Sophia waives her claim.
B) The court will deny Sophia’s claim entirely if the expenses are offset in whole or in part by government subsidies or insurance reimbursements.
C) The court will limit reimbursement to expenses strictly mandated by the child's school or public education authority.
D) The court will apportion the net cost of $4,000 based on the parties’ incomes.
45. Elena and Joel separated in September 2020 after a 14-year marriage. They finalized their divorce in January 2021. At the time, neither party filed for equalization of net family property. In October 2023, Elena consulted a lawyer for the first time and learned she may be entitled to a payment from Joel due to significant disparities in their assets. She now wishes to commence a claim under s. 5 of the Family Law Act.
Is Elena’s claim likely to succeed if Joel raises a limitation period defence?
A) Yes, because the limitation period is tolled until the claimant becomes aware of their entitlement under the equalization scheme.
B) No, because any claim brought more than one year from the date of separation is presumptively time-barred under Ontario family property law.
C) No, because more than two years have passed since the divorce judgment.
D) Yes, unless Joel objects to reopening the divorce
46. Julian is ordered to pay monthly spousal support to Dana. Dana begins receiving social assistance and assigns the support order to the Ministry. Julian now wants to vary the support amount, alleging Dana is cohabiting with a new partner. He files a motion but fails to notify the Ministry.
What is the consequence of Julian’s failure to serve the government agency with his motion?
A) The court will reduce the support retroactively.
B) The motion is procedurally defective and may be dismissed.
C) The motion can proceed without the Ministry’s knowledge.
D) The Ministry must approve the new order before court involvement.
47. Nadia and Derek were married in 2020 and separated in 2023. During their brief marriage, Nadia worked steadily and increased her net worth by $150,000, primarily through savings and debt repayment. Derek, however, developed a gambling addiction, incurring over $100,000 in credit card debt and depleting his modest assets through repeated online losses. Nadia’s lawyer argues that equalizing net family property would be unconscionable given Derek’s self-destructive conduct.
Is there a statutory basis for the court to award an unequal division of net family property in these circumstances?
A) No, because the Family Law Act requires strict equalization regardless of individual conduct during the marriage.
B) Yes, because Nadia contributed more to the family’s financial well-being and the short duration of the marriage justifies a departure from equal division.
C) No, because the short duration of the marriage is not one of the enumerated grounds for unequal division under s. 5(6) of the FLA.
D) Yes, under s. 5(6)(d) of the FLA, where one spouse has recklessly depleted their assets through conduct such as gambling or financial improvidence.
48. James, a self-employed consultant, earns income through a corporation where he is the sole shareholder. His ex-spouse, Rachel, applies to vary the child support amount, alleging that James is diverting income through the company. James submits only his personal tax returns, showing modest income. Rachel argues the court should include corporate income when assessing support.
What power does the court have under the Guidelines regarding James’s income?
A) The court must use only personal tax returns for income assessment.
B) The court may impute income only if James is employed by others.
C) The court may include corporate pre-tax income under s. 18 and impute income under s. 19.
D) The court must accept the corporation’s accounting unless proven fraudulent.
49. An Ontario court finds that infant twins are in need of protection due to neglect and substance use in the home. The local CAS proposes an interim society care plan while exploring longer-term placements. The children’s paternal grandmother intervenes and offers to care for the twins immediately, providing a plan of care, affidavits of support from extended family, and a record of a safe home environment. The CAS argues that its own resources are more stable and that it should retain interim custody while long-term decisions are made.
How should the court assess this placement dispute under the CYFSA?
A) Defer to the CAS’s expertise and internal policy on placement availability.
B) Require the grandmother to undergo a full home study before considering her proposal.
C) Prioritize the least disruptive placement consistent with the child’s best interests, giving preference to kinship care under s. 101(4).
D) Deny the grandmother’s application unless she has legal status as a party
50. Amira, a registered Indian and resident of a First Nations reserve, has a court-ordered child support award of $800 per month against her former spouse, Jordan, also a registered Indian. Jordan operates a small business located entirely on the reserve and holds no off-reserve bank accounts or assets. Amira applies to the Family Responsibility Office (FRO) to enforce the support order and initiate garnishment of Jordan’s accounts, but is told that garnishment is not possible.
Why is FRO limited in its ability to enforce the support order in this case?
A) Because the support order must be federally registered before it can be enforced against a self-employed obligor residing on reserve lands.
B) Because Jordan is self-employed and provincial garnishment procedures do not extend to business income earned without a formal payroll structure.
C) Because s. 89 of the Indian Act protects property of status Indians situated on reserve from seizure or garnishment by non-Indigenous entities.
D) Because enforcement action under the Family Responsibility and Support Arrears Enforcement Act must commence within six months of arrears being incurred to be effective on reserve.
51. Ethan and Maya are negotiating a child support agreement for their two children. Maya proposes a lower-than-Guidelines amount due to Ethan’s recent unemployment and willingness to provide direct payments for extracurricular activities. Ethan agrees, and they sign a separation agreement. A year later, Maya applies to the court to set aside the agreement and reinstate full Table support.
What will the court consider in deciding whether to vary the agreement?
A) Whether the original amount was reasonable and in accordance with the Guidelines.
B) Whether Ethan’s employment situation has changed.
C) Whether the parties agreed freely.
D) Whether the agreement was notarized and filed with the court within 30 days of signing, as required for enforceability.
52. Joseph files for divorce and seeks a support order that deviates from the Federal Child Support Guidelines based on his recent job loss. He and his spouse have signed a separation agreement with child support below the table amount. The judge reviews the materials but finds no documentation supporting Joseph’s income change, nor any explanation for the reduced amount.
What must the judge do before granting the divorce?
A) Accept the agreement on its face as enforceable under contract law, since it reflects mutual consent between the parties.
B) Determine whether reasonable arrangements have been made for the children.
C) Assess the agreement against the provincial Child Support Guidelines to verify compliance with local support expectations.
D) Dismiss the application due to insufficient disclosure.
53. Carlos is a five-year-old boy living in a home where ongoing domestic violence occurs between his parents. While he has never been physically harmed, he has witnessed frequent arguments and violent episodes, including one in which police were called. A neighbour’s report leads to a CAS investigation. The society files a protection application and seeks an interim order for society care while the proceedings are underway. Carlos’s mother wants him returned to her care under a supervision order. Carlos’s maternal aunt also volunteers to care for him in the meantime.
What test must the court apply in deciding whether to grant the CAS’s request for society care?
A) Whether the parent has previously been subject to child protection investigations or substantiated findings of neglect or risk.
B) Whether the parent currently maintains appropriate housing and financial stability to meet the child’s physical needs.
C) Whether the child has expressed a clear preference to reside with a particular relative and is of sufficient maturity to be heard.
D) Whether there are reasonable grounds to believe the child is at risk and cannot be adequately protected at home or in a kinship placement.
54. Daniel and Lena were common-law partners for eight years and jointly owned their home. Upon separation, Daniel wants to remain in the home. Lena applies under the Partition Act to force a sale. Daniel argues that he should be granted exclusive possession because he cannot afford to relocate.
What is the likely result of Lena’s application?
A) Daniel will be entitled to exclusive possession of the home if he can demonstrate that vacating would result in significant financial or personal hardship.
B) The court will likely dismiss the application if Daniel can show a longer period of residence or greater financial investment in the home.
C) The court will likely order a sale under the Partition Act, as common-law spouses cannot apply for exclusive possession under the FLA.
D) The court will apply matrimonial home principles to determine possession and order mediation before authorizing sale.
55. Greg files a motion to vary an existing spousal support order, claiming that his income has significantly decreased since the original order was made. He files a new Form 13 but only includes his current pay stub and omits any proof of his income for the prior years during which support was owed. He also fails to file a statement of arrears. The judge refuses to hear the motion, citing insufficient disclosure.
What disclosure is Greg required to provide when bringing a motion to change spousal support?
A) A statement of arrears and full income disclosure for each relevant year under Rule 13(5.0.1), including supporting documents such as tax returns or Notices of Assessment.
B) A sworn affidavit detailing recent income loss and personal hardship, which the court may accept in lieu of historical financial documentation.
C) Only the most recent year’s income documentation, as prior years are presumed to be accurate unless fraud or error is alleged.
D) A signed letter from his employer confirming his salary reduction and expected hours for the upcoming year.
56. Leo is the applicant in a claim for spousal support following a five-year marriage. He serves the application along with Form 13.1 and relevant financial disclosure. However, due to oversight, Leo’s lawyer fails to include copies of his most recent income tax return, Notice of Assessment, and three recent pay stubs, as required by the Family Law Rules. The respondent files an answer and appears at the case conference, raising Leo’s incomplete financial disclosure as a key issue.
What action may the court take in response to Leo’s non-compliance with Rule 13(3.1)?
A) The court may order Leo to provide the missing documents or serve a new financial statement.
B) The court will order the respondent to provide her own financial disclosure first.
C) The court must dismiss the application without hearing the conference.
D) The court will disregard the issue because it is not raised in a motion.
57. Sasha is a 16-year-old youth found by police in a suspected sex trafficking operation. While she has no history of protection concerns in her home, police believe she is being exploited by a trafficker and has no safe place to stay. The CAS is contacted and, without her parents' knowledge, takes Sasha to a secure location for the night to protect her from further harm. The following morning, the CAS initiates contact with Sasha’s parents and provides information to the court.
Which statutory authority allows this kind of emergency intervention?
A) Section 74(1) – emotional harm.
B) Section 125 – duty to report child in need of protection.
C) Section 77.1 – intervention for suspected child sex trafficking involving 16- or 17-year-olds.
D) Section 82 – voluntary youth services agreements
58. Martin and Farah include an arbitration clause in their marriage contract stating that any future disputes about support or property will be resolved by binding arbitration. Five years later, they separate, and Martin refuses to arbitrate, saying he never understood the clause and never received legal advice when signing the contract.
What is the legal enforceability of the arbitration clause?
A) It is enforceable provided both parties voluntarily signed the contract and no fraud or misrepresentation is alleged.
B) It is enforceable only if the arbitration agreement was signed after the dispute arose and both parties had independent legal advice.
C) It is unenforceable unless it appears in a final separation agreement, not a marriage contract executed before the dispute.
D) It is enforceable if an accredited family arbitrator is willing to proceed and both parties attend the arbitration hearing.
59. Ali and Rina are divorced under a civil order. Ali remarries shortly afterward. Rina had requested a religious divorce, or "get," during the proceedings, which Ali initially agreed to provide but now refuses to deliver. As a result, Rina is unable to remarry within her religious tradition. She files a motion under the Divorce Act and submits an affidavit outlining Ali’s refusal.
What remedy is available to Rina under the Divorce Act in these circumstances?
A) The court may issue a mandatory order compelling Ali to execute the religious divorce under pain of contempt.
B) The court will impose a fine for violating religious rights.
C) The court must stay the civil divorce until the religious divorce is granted by the respondent.
D) The court may strike out Ali’s pleadings or dismiss his motions until the barrier is removed.
60. Mohammed, age 40, applies to change his surname as part of his new religious identity. He files a complete application, including all supporting documentation and prescribed fees. The Registrar General processes the application, and Mohammed’s name change is approved. One year later, he regrets the decision, finding it has caused confusion with legal and banking records, and wishes to revert to his original name.
Under the Change of Name Act, what must Mohammed do to restore his previous legal name?
A) Submit a statutory declaration to the Registrar confirming intent to resume use of the former name and provide proof of prior identity.
B) File a new application for a change of name and meet all the same statutory requirements.
C) Request a limited-use certificate of identity reflecting both names for transitional legal recognition.
D) Apply to the Office of the Attorney General for an administrative reversal based on hardship arising from the original name change.
61. Aidan’s family law proceeding involves claims for parenting time and child support. After the respondent files an answer, Aidan’s lawyer schedules a case conference and prepares a brief. However, Aidan’s lawyer neglects to serve and file Form 17F – the confirmation form that outlines estimated time, issues in dispute, and whether parties will attend. On the day of the scheduled conference, opposing counsel attends with full documentation, but the court clerk notes that Form 17F was never filed by the applicant’s side.
What is the likely procedural result of this oversight?
A) The case conference will proceed at the judge’s discretion, with the applicant granted additional time to file post-conference materials.
B) The case conference may be cancelled or rescheduled due to non-compliance.
C) The judge will proceed with default support and parenting orders.
D) The court will convert the conference into a settlement conference
62. Selene’s lawyer is drafting a restraining order following the granting of exclusive possession and a supervised parenting order. The lawyer wants the order to be enforceable and understood by police and third parties.
What drafting elements must be included to ensure the order is enforceable?
A) Broad language prohibiting general contact, allowing officers to exercise discretion based on evolving family dynamics.
B) A brief clause authorizing peace officer assistance without identifying specific enforcement powers or statutory authority.
C) General prohibitions on contact with “the family” and references to areas frequented by the applicant, without naming them.
D) Specific details including named locations, distances, and statutory references.
63. Navid and Meera are finalizing their divorce. The judge issues a divorce order dated September 15. Both parties receive the order on September 20. Meera is planning to remarry on October 13 and wants to ensure her divorce is legally effective before the wedding.
When does the divorce take legal effect under the Divorce Act?
A) September 15, the date of the order.
B) September 20, the date of receipt.
C) October 16, the 31st day after the date of the order.
D) The date of remarriage, unless otherwise ordered
64. Liam’s partner has used threats and intimidation to coerce him into maintaining contact with their child under an informal arrangement. The child has witnessed violent outbursts. Liam wants a formal parenting order that prioritizes safety and therapeutic interventions.
How must the court consider family violence when determining parenting orders?
A) Only if the alleged violence was recent, directed at the child, and documented through third-party reports or police involvement.
B) Parenting determinations are based primarily on the child’s stated preferences and existing informal contact patterns.
C) Allegations of family violence are not considered unless substantiated by criminal charges or convictions.
D) The court must consider the impact of all family violence on parenting capacity and the child’s best interests.
65. Maya files a Form 13.1 financial statement for equalization. She attaches bank and investment account statements but omits an RESP account she opened for the parties’ child. Several weeks later, she amends her financial statement to include the RESP. The opposing party objects to the late disclosure and seeks costs for the time spent analyzing the original, incomplete document.
What is Maya’s ongoing obligation regarding financial disclosure?
A) She must update her financial statement promptly upon discovering any material omission or inaccuracy.
B) She may postpone updating her financial disclosure until opposing counsel formally requests clarification or additional documentation.
C) She is only required to correct financial statements prior to trial, provided she intends to call expert evidence on equalization.
D) She can defer updates to her financial disclosure until her lawyer is satisfied that all issues in the pleadings are finalized.
66. Carlos has been receiving taxable spousal support of $1,800 per month since his divorce in 2021. He also works as a self-employed graphic designer. For the 2022 tax year, his accountant notifies him that he owes over $3,800 in tax after deductions at source. Carlos is surprised to learn that CRA has now issued him a requirement to make quarterly installment payments beginning in 2023.
Why is Carlos now subject to quarterly installments?
A) Because self-employed individuals are always required to pay installments.
B) Because he claimed a deduction for legal fees related to spousal support, which triggered a review of his withholding rates.
C) Because he did not claim sufficient RRSP contributions to offset his total taxable income for 2022.
D) Because his net tax owing exceeded $3,000 in 2022, and his spousal support is taxable but not subject to source withholding.
67. Daniel and Helena signed a separation agreement that includes a clause requiring them to use arbitration to resolve future disputes about their parenting schedule. Two years later, a dispute arises. Helena initiates arbitration, but Daniel refuses to participate and challenges the arbitrator’s authority.
How will the court view Daniel’s refusal in light of the arbitration clause?
A) Arbitration remains voluntary in family law, and Daniel cannot be compelled to participate even if he previously agreed in writing.
B) Arbitration clauses in domestic contracts are non-binding unless both parties reaffirm their consent when the dispute arises.
C) Courts will generally require parties to comply with a valid arbitration clause in a separation agreement unless exceptional circumstances exist.
D) The arbitrator may proceed unilaterally and issue a binding award against Daniel, even without his participation or notice.
68. Alex and Rob have a parenting plan in place that allocates decision-making jointly and sets out a week-on/week-off parenting schedule. The children are now teenagers and express a strong preference to live primarily with Alex and see Rob less frequently. Rob objects and files to enforce the parenting plan, arguing the agreement should be upheld as it was signed voluntarily and is legally binding.
What must the court consider when determining whether to vary the existing agreement?
A) Whether the agreement is fair to both parents.
B) Whether the plan remains in the children’s best interests.
C) Whether the children’s views can override the agreement.
D) Whether Rob is entitled to equal parenting time
69. Sasha’s lawyer proposes collaborative family law (CFL) as an option for resolving her separation from Naveen. Sasha and Naveen agree to participate and sign a CFL participation agreement. During negotiations, Sasha’s lawyer discovers Naveen failed to disclose a substantial investment account. Sasha wants to proceed anyway to avoid escalating costs. Her lawyer is unsure whether to continue.
What is the lawyer’s professional obligation under the CFL process?
A) Continue representing Sasha in the collaborative process to protect her interests and mitigate the risk of prolonged litigation.
B) Proceed cautiously and alert the mediator.
C) Withdraw from the process if the client or the other party fails to disclose material financial information.
D) Report the nondisclosure to the Superior Court of Justice under the lawyer’s duty of candour in family financial proceedings.
70. Tamara’s son, Kieran, was placed in extended society care after a protection finding. Although Tamara was granted access through a court order, the CAS now plans to pursue adoption for Kieran. Tamara wants to maintain a relationship with her son and is advised to bring an application for an openness order under the CYFSA.
What must Tamara demonstrate to be granted the order?
A) That the child has a beneficial and meaningful relationship with her and that continuing contact is in the child’s best interests.
B) That she is the biological parent and has had a prior access order, which entitles her to continued contact after the adoption.
C) That the adoption process is being unreasonably delayed and that contact should be preserved in the interim through a transitional access mechanism.
D) That the child has expressed a strong desire to maintain contact and has withheld consent to adoption pending continued parental involvement.
71. Alana receives ODSP income and is owed child support under a court order. The FRO has been attempting to enforce the order, but the payor has evaded payments for several months. Alana asks whether the FRO can use enforcement methods such as garnishment, seizure of lottery winnings, and default hearings.
What is the scope of the FRO’s enforcement powers under the FRSAEA?
A) The FRO has broad statutory authority to use multiple enforcement mechanisms, including garnishment, seizure, and default proceedings.
B) The FRO may only use court-ordered wage garnishment.
C) The FRO may enforce spousal support but cannot pursue child support arrears if the recipient receives income-tested government assistance.
D) The FRO must first prove the payor has assets before taking any enforcement steps
Case-based Questions
Case 1
Jasmine and Lionel separated after living together in Ottawa for six years. They have a 7-year-old daughter, Mila, who has lived exclusively with Jasmine since the separation. Jasmine recently accepted a job in Sudbury and moved there with Mila, enrolling her in a new school and placing her with a new family doctor. She did not notify Lionel of the move in advance. Lionel has continued to live in Ottawa and filed an application for a parenting order in the Ottawa court, seeking joint decision-making responsibility and primary parenting time with Mila. Jasmine, upon receiving notice, filed a competing application in Sudbury seeking sole decision-making and a declaration that Mila now habitually resides in Sudbury. Both courts received filings within days of each other. Jasmine argues that the child’s interests are now best served in Sudbury, where she has established stable schooling and community connections.
Questions 72 to 74 refer to Case 1
72. Which court has proper jurisdiction to hear the parenting application under the Children’s Law Reform Act?
A) The Ottawa court, because it was seized of the matter first and Lionel resides there.
B) The Sudbury court, because Mila now resides there and is enrolled in school.
C) The Ottawa court, because Mila was habitually resident in Ottawa at the time of the move.
D) Both courts have jurisdiction, and the one more convenient for both parents will proceed.
73. Which legal test will govern the resolution of the parenting applications?
A) The best interests of the parents, as both have joint rights to the child.
B) The least disruptive arrangement for the child, prioritizing the most recent status quo.
C) The best interests of the child, taking into account all circumstances affecting the child’s well-being.
D) The fairness of parenting time allocations between both parties.
74. If Jasmine had provided proper notice of relocation to Lionel under the CLRA, which of the following statements would be most accurate under the relocation framework?
A) Jasmine would be permitted to relocate as long as Lionel did not file an objection within 30 days.
B) The court would automatically approve the relocation if Mila adjusted well to her new environment.
C) Lionel would bear the burden of proving that the relocation is not in Mila’s best interests, regardless of her primary residence.
D) Jasmine would only be required to disclose the relocation after the move under the emergency relocation exemption.
Case 2
Rina and Daniel are recently separated spouses with two children, aged 9 and 12. Rina applies for child and spousal support, as well as an equalization payment. She files a complete Form 13.1 financial statement with her application, including proof of income and an affidavit confirming her valuation date disclosures. Daniel files an Answer denying the claims but fails to include a financial statement, saying that he is not making any claims and will “disclose later if necessary.” At the case conference, Rina argues that Daniel’s failure to serve the required disclosure is delaying settlement and prejudicing her claim. The case conference judge endorses that Daniel must comply with Rule 13 but no motion is yet brought. Three months later, with trial looming, Daniel files a financial statement omitting values for his RRSPs and deferring all property valuations to trial. He refuses to obtain a pension valuation, claiming he cannot afford one. Rina’s counsel now considers bringing a motion to compel full disclosure.
Questions 75 to 77 refer to Case 2
75. What is the first and most appropriate step Rina’s lawyer should have taken once Daniel filed no financial statement with his Answer?
A) File a Form 14 motion immediately to strike Daniel’s Answer.
B) Serve a written request under Rule 13(11) identifying the missing disclosure and allow seven days for compliance.
C) Bring a contempt motion for Daniel’s failure to obey Rule 13.
D) Wait until the trial management conference to raise Daniel’s failure to disclose.
76. Assuming Daniel continues to withhold RRSP and pension valuations, what may the court do on a motion under Rule 1(8)?
A) Impose monetary penalties on Daniel’s pension administrator for not assisting.
B) Order that Daniel be imprisoned for contempt of court.
C) Make any order necessary for a just determination, including striking his Answer or precluding him from introducing evidence on net family property.
D) Order the trial be rescheduled until Daniel can afford a pension valuation.
77. What is Daniel’s continuing obligation with respect to financial disclosure as the case progresses?
A) He must update his financial statement only if Rina makes a formal request.
B) He must update it before trial only if values have changed significantly.
C) He must update or correct the statement before each major step.
D) He is no longer required to update if he filed a late financial statement.
Case 3
Naomi and Derek separated in 2023 after a 14-year marriage. They executed a separation agreement which required Derek to pay Naomi monthly spousal support of $3,000 and child support of $1,500 for their two children. The agreement also required Derek to directly pay Naomi’s rent to her landlord and her car lease to the dealership, totaling $2,200 per month. The agreement specified that these direct payments were “spousal support” and included language referencing ss. 60.1(2) and 56.1(2) of the Income Tax Act (ITA). Derek also made a $25,000 lump-sum payment at signing to cover missed spousal support for the prior six months. Naomi reported only the monthly support payments as income on her tax return. Derek, however, deducted both the monthly support and the lump sum. The CRA reassessed them both, disallowing some deductions and issuing penalties. Both parties are now disputing how the payments should be taxed and deducted.
Questions 78 to 80 refer to Case 3
78. Which of the following amounts is not deductible to Derek nor taxable to Naomi?
A) The $3,000 monthly spousal support payments made directly to Naomi.
B) The $25,000 lump-sum payment for six months of past missed spousal support.
C) The $2,200 in third-party payments, provided the proper agreement language was used.
D) None; all the above are deductible to Derek and taxable to Naomi.
79. Assuming the agreement is properly worded and registered, how should the CRA treat Derek’s monthly third-party payments toward Naomi’s rent and car lease?
A) They are not deductible unless Naomi reimburses Derek for each payment.
B) They are taxable to Naomi and deductible to Derek if they are clearly stated as spousal support and comply with the Income Tax Act.
C) They are always treated as child support.
D) They are only deductible if Derek also pays monthly cash directly to Naomi.
80. Which of the following is required for Naomi to validly report only the spousal support portion of the payments as taxable?
A) All payments must be made directly to Naomi and never to third parties.
B) The agreement must distinguish between child and spousal support, and all child support must be fully paid before spousal support is deductible or taxable.
C) The spousal support must be registered with the CRA regardless of whether child support is included.
D) Naomi may elect which portion to report as income if the total support exceeds $3,000 per month.