Publications

Unjustified Enrichment Between De Facto Spouses: A Renewal of the Law, or History Being Re-Written?

This article will take a look at the evolution of the jurisprudence on unjustified enrichment as a viable recourse for de facto couples, who are otherwise completely deprived of any recourse to resolve the consequences of the economic inter-dependency that may have grown during their unions, to the detriment of one of the partners at the time of relationship breakdown.

La Grande Perturbation: Nouveaux Défis en Droit de la Filiation

The legal and jurisprudential evolution of the Quebec civil law on filiation has been dynamic and avant-garde in these last few years, introducing new principles to define how filiation is established, which are quite distant from the classic blood ties which we believe normally circumscribe it.

The Constitutional case for de facto couples in Quebec

 

By Anne-France Goldwater and Marie-Hélène Dubé
Goldwater, Dubé

Bankruptcy & Family Law

Bankruptcy. This is perhaps the most frightening word a family law practitioner can hear. After all, once issues of custody and access are set aside, the remaining claims between husband and wife are all of a financial nature: alimentary support, partition of the value of the family patrimony, compensatory allowance, and last but not least, attorney's fees.

Long Distance Custody Cases

When may a custodial parent move away with the children? What constraints may be placed on such a move? Is there a difference between conventional custody access situations and joint or shared custody arrangements?

Parental Alienation Syndrome

Parental Alienation Syndrome (P.A.S.) may be defined as the manifestation of a child's systematic alienation from his parent, caused by any one or more of these four factors: conscious programming by the other parent (brainwashing); subconscious or unconscious programming or manipulation by the other parent; factors within the child; and situational or environmental factors. This term was coined by Dr. Richard Gardner, M.D., a clinical professor of child psychiatry at Columbia University, and author of numerous texts on custody litigation.