At the first consultation, you should expect that we’ve read the information you’ve provided to us and that we will personalize our meeting to address the topics that are important to you. We will also inform you of your options moving forward with your matter. It is important that you understand what the Court process looks like and  how we negotiate the terms of a Separation Agreement. We will take the opportunity to address the topic of legal fees and any retainer that may be required to retain our services. Please do not hesitate to bring a list of questions for us to review as our goal is to have you leave the meeting feeling empowered with a sense of direction in regards to your matter. 

Oftentimes, when you retain our services in a Family Proceeding (this does not apply to Wills and Estates or Real Estate) we will require a retainer to commence working on your file. A retainer is a sum of money that is placed in a trust account for your matter, on your behalf. This money remains your money until it is required to pay an invoice for services rendered. To pay the balance owing on your invoice, we will take some or all of the retainer provided and will inform you of the specifics of same upon providing you with your invoice. If your retainer is entirely used for services, we may require a further retainer. Should there be a sum left in trust at the end of our mandate, we will return same to you.  

A Will (or Last Will and Testament) is a document that comes into effect upon your death. Your Last Will and Testament names your Executor(s)/Executrix and any beneficiaries of your Estate upon your passing. It provides your Executor(s)/Executrix with clear direction as to what should be done in regards to your Estate upon your passing. 
 
Without a Last Will and Testament, the beneficiaries of your Estate will be named as per the Wills Act which may not reflect your intention. This may also require your loved ones to apply to Probate Court to settle your Estate.  
 
Leaving a Last Will and Testament allows your loved ones to have peace of mind and clear directions following your passing. 

A Power of Attorney is an important document that allows a trusted person to act on your behalf, when required, for matters related to your personal care and health or your financial affairs and property. These documents may come into effect at different times including when the grantor lacks the capacity to make a decision in regards to their health/personal care or their financial affairs/property. 

We encourage you to seek legal advice as soon as possible once you have been served court documents. When you call our office for a meeting with one of our lawyers, please ensure you immediately inform us that you have a court hearing scheduled and the date of said court hearing. It is also important that you inform us of the date you were served. This is important as the Rules of Court of New Brunswick may require you to respond to the documents within a certain time frame. Please ensure you provide our lawyers with your court documents in advance of your meeting, so we can take full knowledge of your situation and offer advice accordingly. 

A Hearing Officer is a lawyer who has been appointed to hear specific interim and procedural issues. The matters they may exercise jurisdiction over can be found in Schedule C of the Judicature Act. You may hear a Hearing Officer say they do or do not have the jurisdiction to hear certain issues. For example, a Hearing Officer cannot vary an Order signed by a Judge. Your First Court Appearance will almost always be in front of a Hearing Officer.  

Special and Extraordinary Expenses are expenses that parents may be ordered to contribute  for their child(ren)’s benefit. Some of the most common special expenses are child care, the portion of medical and dental insurance premiums attributable to the child and health related expenses that exceed insurance premiums by at least $100 annually. Oftentimes these expenses are shared by parents on a pro rata basis (in proportion to the parent’s respective incomes). 

Yes, child support in a shared parenting time arrangement will be different than child support in a majority of parenting time arrangement. In a shared parenting time arrangement, the child support amount will depend on the amounts set out in the applicable tables for each parent, the increased cost of shared parenting time arrangements and the conditions, means, needs and other circumstances of each spouse and any child for whom support is sought. In an arrangement where one parent has the majority of parenting time, the amount payable is the table amount of support based on the province in which the payor resides, the number of children the parties have and the payor parent’s income. 

Spousal support is not an automatic right. In common-law relationships, the Family Law Act provides for specific considerations. In both common-law relationships and marriages, the first step is ensuring the spouse is entitled to support on either a compensatory, non-compensatory or contractual basis.  

You will often hear us explain the importance of financial disclosure in family matters. In every family matter, whether in Court or in agreements, it is necessary to provided transparent financial disclosure relating to your income, assets and debts.  

A Contact Order is an Order that allocates contact between a child and a person other than a parent. 

It is possible to adopt a child without attending court proceedings. Oftentimes, the adoption process can be completed with paperwork executed in our office. At our initial meeting with you we can discuss what to expect in your situation.  

It is very important for the donor and the receiver’s respective responsibilities and rights to be outlined clearly in the form of an agreement.  

We are located in Downtown Moncton in the Creaghan’s Block building. There is a parking garage, the Assumption Place parking lot, as well as other parking spaces within walking distance of our office. Please see a map of our location! 

Please do not hesitate to ask for our meeting to be held by videoconference (Teams, Zoom, etc.) or by telephone.