International and Multi-Jurisdictional Matters
Due to the global and interconnected nature of modern society, it is increasingly more common for family law cases to engage multi-jurisdictional and international expertise. These types of cases are complex and require a breadth of knowledge and collaboration with competent and credible professionals in other jurisdictions. We have long-time members of the International Academy of Family Lawyers (IAFL) at Epstein Cole and have relationships with family law lawyers world-wide.
We provide innovative solutions and aggressive advocacy on matters with multi-jurisdictional and international issues, including prenuptial and marriage agreements, international divorce and separation, international relocation, division of property and assets, asset-tracing, issues involving remarriage, as well as international child custody and child abduction.
Our lawyers are also regularly called upon to opine on Ontario law in foreign proceedings.
Child Abduction, Hague Convention
Parental child abduction occurs when a parent takes or conceals a child from the other parent. International child abductions are situations where children are unlawfully taken from their home country or held in another country without a parent’s consent.
Canada is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, an international treaty which provides for reciprocal measures among many countries to address child abduction. Where the Hague Convention is not applicable, other legal measures can be instituted to seek the assistance of the court.
In every case, early strategic advice and swift action provided by Epstein Cole is critical in international abductions due to the complexities of this area of law and the urgency which often accompanies such cases.
Financial Disclosure and Investigation
Whether a couple applies to the court to resolve financial matters or seeks to settle matters privately, the law requires full and complete financial disclosure by both spouses. For the equalization of net family property, both sides must disclose the value of all assets at the date of separation as well as the value present at the date of marriage. Where there is misrepresentation of financial information or concealing of assets, more in-depth investigation is necessary. Agreements that are based on misrepresentation of financial information may be voidable by the courts.