April 26, 2019
Decision provides guidance on therapeutic orders in family law
A recent ruling by the Ontario Superior Court of Justice provides clarity on how and when family courts should use therapeutic orders compelling parents and children to participate in counselling, Toronto family lawyer Erin Chaiton-Murray tells AdvocateDaily.com.
Go to full article
April 11, 2019
Most divorces settled without litigation: Fogelman
The financial and emotional toll of a court-litigated divorce encourages most couples to reach a settlement beforehand, Toronto family lawyer Herschel Fogelman tells AdvocateDaily.com.
“On one hand, you have a settlement, which provides people with certainty and finality,” says Fogelman, founder and principal of Fogelman Law. …
Go to full article
April 2, 2019
Manage client expectations before motions, case conferences
When preparing for case conferences and motions, it’s important for lawyers to stay up to date on Family Law Rules and specific practices for each court, Toronto family lawyer Erin Chaiton-Murray tells AdvocateDaily.com.
With ongoing amendments to the Rules and local practice directions often varying from court to court, these are essential tips for any family lawyer — both new or experienced.
Go to full article
March 1, 2019
Identifying an unsuitable case for mediation
It’s important to be able to recognize when a case is unsuitable for mediation, Toronto family lawyer Herschel Fogelman tells AdvocateDaily.com.
Despite the cost- and time-saving potential, mediation isn’t the best option for every case, says Fogelman, founder and principal of Fogelman Law, and parties who blindly enter into the process may end up wasting more time than necessary.
Go to full article
February 2, 2019
Courts can level playing field for financially disadvantaged spouses
Courts across the country have extensive powers to level the playing field for financially disadvantaged spouses, Toronto family lawyer Erin Chaiton-Murray tells AdvocateDaily.com.
In a recent B.C. case, the judge ordered a woman to advance $350,000 to her husband, funded by a loan against the family home, in order to let him continue with the litigation between the two.
Go to full article
January 28, 2019
Financial advisor can help ex-spouses navigate fiscal uncertainties
Anyone going through a separation would be wise to consult with a financial advisor to help protect their assets and plan for the future, says Toronto family lawyer Carolina Paterson.
Go to full article
January 23, 2019
January popular for divorce applications, lawyer consultations
January is typically one of the busiest times of the year for divorce enquiries, and Toronto family lawyer Erin Chaiton-Murray recommends those seriously considering a split should get more information to fully understand the implications.
Go to full article
January 17, 2019
Alternatives to family law litigation: Arbitration
Properly conducted arbitration often works out to be less expensive than litigation despite its similarity to the court process, Toronto family lawyer Herschel Fogelman tells AdvocateDaily.com.
Go to full article
December 17, 2018
Alternatives to family law litigation: Mediation
Parties who take a focused approach to mediation will get the most out of the process, Toronto family lawyer and mediator Herschel Fogelman tells AdvocateDaily.com.
Go to full article
December 6, 2018
Children benefit from finality in parenting arrangements
A child's need for certainty should guide the parties in a custody dispute, Toronto family lawyer Erin Chaiton-Murray tells AdvocateDaily.com.
Go to full article
November 28, 2018
Matrimonial home the focal point of divorce disputes
The matrimonial home often takes centre stage in the fight between divorcing couples, Toronto family lawyer Carolina Paterson tells AdvocateDaily.com.
Go to full article
October 10, 2018
Address effect of retirement on support payments in separation agreements
Working spouses must consider the impact of retirement on spousal support in their separation agreements. Toronto family lawyer Herschel Fogelman
Fogelman, founder and principal of Fogelman Law, says many payors assume they will be able to reduce or eliminate their support obligations upon retirement, considering their reduced earning potential once they stop working. However, it’s often not that simple, he adds.
Go to full article
September 21, 2018
Parents have an obligation to financially support the children
Divorced parents are required to maintain a consistent level of income to support the family and could face financial consequences if a court finds that either party is intentionally underemployed, says Toronto family lawyer Carolina Paterson.
Go to full article
September 7, 2018
Former spouse can share in ex's post-separation income boost
A separated spouse could feel the benefits of a former partner’s income boost, even if it occurred after they split, Toronto family lawyer Erin Chaiton-Murray tells AdvocateDaily.com.
Go to full article
August 28, 2018
Study suggests propensity for divorce may be genetic
Marriage counsellors should explore troubled couples’ family histories after a study suggested a link between divorce and genetics, Toronto family lawyer Erin Chaiton-Murray tells AdvocateDaily.com.
Go to full article
August 15, 2018
Divorce Act changes may encourage a less-adversarial process
Pending changes to the Divorce Act, including a move away from the use of such words as “custody” and “access” to more precise language such as “parenting time” and "parenting orders,” may not have direct impact on how those issues are resolved, says Toronto family lawyer Carolina Paterson. But the new phrasing more appropriately reflects the legal meaning, whether it’s concerning parenting time with children or decision making, says Paterson.
Go to full article
July 11, 2018
All-rounder Paterson delivers family law results
Toronto family lawyer Carolina Paterson has always been a bit of an all-rounder. Paterson considered pursuing a PhD in political science before accepting an offer from the University of Windsor’s faculty of law, where she was named the Dean’s Fellow during her second year of studies. All this while Paterson was developing her skills as a marathoner and tri-sport enthusiast.
Go to full article
March 23, 2018
Court weighs in on new partner's impact on spousal support claim
A recent Superior Court judgment helps redress the dearth of family law decisions involving the impact of a new partner on existing spousal support orders, Toronto family lawyer Erin Chaiton-Murray tells AdvocateDaily.com.
Go to full article
February 9, 2018
Divorce well Podcast: Divorce Arbitration, with Herschel Fogelman
Arbitration is essentially a private judicial process that is faster than the public court system, and confidential. It has a lot of potential benefits! Herschel Fogelman talks about what families can expect from a divorce arbitration.
Go to full article
Jan 1, 2018
Divorcing with business assets — what to expect
The end of a marriage is a time of tension and uncertainty that can become even more heated when one of the parties has their own company, making the services of a business valuator necessary, says Toronto family lawyer Erin Chaiton-Murray.
Go to full article
Dec 14, 2017
Mediation, counselling help parents stay on track
When a marriage ends and emotions are running high, co-parenting counselling and mediation can help families keep the focus on the kids, not the conflict, says Toronto family lawyer Erin Chaiton-Murray.
Go to full article
Nov 13, 2017
Don’t post in haste, family lawyer warns
Social media and family law shouldn’t be Facebook friends, Toronto family lawyer Erin Chaiton-Murray tells AdvocateDaily.com.
The issue of damaging social media posts and email trails could hardly be more topical, given recent headlines about “digital documentation” and fallen movie mogul Harvey Weinstein, says Chaiton-Murray, a senior associate with Fogelman Law.
Go to full article
Sep 28, 2017
Family mediation gaining traction as ‘preferred alternative’ to court
Mediation is growing in popularity as more families seek to resolve disputes outside the courtroom, says Toronto family lawyer, mediator and arbitrator, Herschel Fogelman.
It's a promising trend since typical courtroom litigation can make a difficult conflict even worse, Fogelman, founder and principal of Fogelman Law, tells AdvocateDaily.com.
“Mediation isn’t better in all circumstances, but it’s a preferred alternative in many,” he says.
Go to full article
Jun 28, 2017
Fogelman builds thoughtful touches into family law practice
In his new firm, Toronto family lawyer Herschel Fogelman has created the conditions for what he feels will make for successful mediation and arbitration proceedings.
Fogelman Law, a boutique Toronto family law practice he founded in September, is the latest, and most significant, development in his long-term vision for his mediation-arbitration practice, which continues to grow.
“Family law is well-suited to mediation-arbitration,” Fogelman tells AdvocateDaily.com.
Go to full article
Jun 27, 2017
Chaiton-Murray takes practical, resolution-focused approach to family law
Toronto family lawyer Erin Chaiton-Murray is enjoying the balance between independence and support in her most recent role as senior associate at Fogelman Law. She has been with the boutique Toronto family law firm since principal Herschel Fogelman founded it in September 2016.
Go to full article
Jun 02, 2016
Mediation, arbitration involve distinct skills, techniques
Debate over the ability and for there to be real or apprehended bias for the same person to mediate and arbitrate a case stems from a misconception of the duties and roles involved, says Toronto family lawyer Herschel Fogelman.
Go to full article
Jun 02, 2016
False allegations used to gain 'tactical advantage' in divorce
False accusations of various types, including assault in divorce and custody cases, can drive up court costs and — even if dismissed — make it difficult to reach a negotiated settlement, says Toronto family lawyer Erin Chaiton-Murray.
Go to full article .
Mar 29, 2016
Chaiton-Murray helps divorcing spouses find fair solutions
Resolving conflicts when families are finding a new normal is the driving force for Toronto family lawyer Erin Chaiton-Murray.
Go to full article .
Feb 29, 2016
Judges give nod to family law case management service
Judges in family law courts are expressing approval of a unique case management service launched last year by Toronto family lawyer Herschel Fogelman.
Go to full article
Dec 29, 2015
Full disclosure essential for court to do its job
Separating couples who fail to fully disclose their financial assets to each other could end up paying a steeper price, says Toronto family lawyer Erin Chaiton-Murray.
Go to full article .
Dec 29, 2016
Marriage contracts force couples to have big talk
Marriage contracts can be useful to different types of couples, not only parties with significant assets, and should be discussed well in advance of a wedding date, Toronto family lawyer Erin Chaiton-Murray tells AdvocateDaily.com.
Go to full article .
Oct 02, 2015
Fogelman to speak at Conduct of the Family Law Motion event
Toronto family lawyer Herschel Fogelman will be part of the faculty at this year’s Conduct of the Family Law Motion event on Oct. 2, a joint presentation by The Advocates’ Society and The Law Society of Upper Canada.
Go to full article
Jul 07, 2015
Travel details, costs should be in cross-border agreements
As work and lifestyle arrangements become more fluid, so do family dynamics for separated couples and their children, says Toronto family lawyer Erin Chaiton-Murray.
Go to full article .
Jun 13, 2015
Lexpert Ranked 2015
Herschel Fogelman has again been ranked as Consistently Recommended in the Canadian Legal Lexpert® Directory. Herschel has been named a Best Family Lawyer in Canada every year since the Best Lawyer rankings began, and is known for his ability to handle complex and sensitive family law matters.
Go to full article
Jun 10, 2015
Move away from highly charged language welcome
An Ontario Court of Appeal decision confirming trial judges do not have to make a finding of custody when asked, as it promotes an adversarial approach, is in line with long-held views across the family law bar, says Toronto family lawyer Erin Chaiton-Murray.
Go to full article .
Jun 07, 2015
Follow your instinct when it comes to assessing capacity
Elderly clients often have specific needs that merit special consideration, and in these cases, it is essential to ensure the client is capable of giving and receiving instructions, Toronto family lawyer Herschel Fogelman recently told participants of a Law Society of Upper Canada program.
Go to full article
Apr 06, 2015
customized case management
Toronto family lawyer Herschel Fogelman, partner with Basman Smith LLP, announces a unique new customized case management service that streamlines the process.
Watch the video on Go to full article
Jul 07, 2015
Rule refresher should be part of family lawyers' trial prep
While the majority of family law cases do not make it to the trial stage, the importance of knowing the rules of evidence should not be overlooked, Toronto family lawyer Erin Chaiton-Murray tells Law Times.
Go to full article .
Mar 25, 2015
Family law case management service saves time, cuts costs
Toronto family lawyer Herschel Fogelman is launching a unique customized case management service that’s poised to save time and money for parties in family law proceedings.
Go to full article
Mar 16, 2015
Departure from guidelines OK in certain circumstances
An Ontario court has dismissed an appeal from a father of three who argued material changes in circumstances justified relief from his child support obligations under a special agreement, says Toronto family lawyer Herschel Fogelman.
Go to full article on Advocate Daily or CanLii
Mar 11, 2015
Time is a key factor in child abduction cases
When it comes to parental abduction cases involving the Hague Convention, time is a crucial factor for several reasons, Toronto family lawyer Erin Chaiton-Murray writes in Lawyers Weekly.
Go to full article
Jan 23, 2015
Disputes over reimbursement of wedding gifts common in family law
The case of an Iranian family in Ottawa requesting reimbursement of wedding gifts and costs from their son’s former wife is not surprising, says Toronto family lawyer Herschel Fogelman.
Go to full article