A social worker from Nova Scotia Child Protective Services called me. Are my children going to be taken away from me?

A social worker from Nova Scotia Child Protective Services called me. Are my children going to be taken away from me?

It can be scary for a parent to get a call from child protection workers, but it doesn’t necessarily mean that the children are going to be taken away. In Nova Scotia, child protection is part of the Department of Opportunities Social Development, and is often referred to as CPS, though some people will also use the acronym CAS, which is short for Children’s Aid Society, which is the name used in Ontario.

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Social workers from Nova Scotia child protection took away my children. What do I do now? How do I get my kids back?

 Social workers from Nova Scotia child protection took away my children. What do I do now? How do I get my kids back?

Having your children removed from your home can be very scary for everyone involved. While it is normal to be emotional, the best thing you can do if this happens to you is to reach out for help, and ask questions, in as calm and polite a manner as you can.

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Why Do I Have to Hire a Lawyer to Buy or Sell Land in Nova Scotia?

Why Do I Have to Hire a Lawyer to Buy or Sell Land in Nova Scotia?

We regularly help clients from other provinces in Canada and even other countries, buy and sell land in Nova Scotia. Often the clients are frustrated with the process and in particular the idea that they even need to hire an actual lawyer to complete the transaction.  I find myself thinking, “You’re not in Kansas anymore.”

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My ex wants me to sign a separation agreement in Nova Scotia. What information should I get before I sign it?

My ex wants me to sign a separation agreement in Nova Scotia. What information should I get before I sign it?

If you’ve separated from your spouse or common law partner in Nova Scotia, a separation agreement is the easiest way to deal with all of the financial parts of separating, especially if you can agree on the terms. Your bank will also likely require a formal separation agreement, with independent legal advice before allowing you to remortgage your home.

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What Will I Need to Provide if the Nova Scotia Probate Court Requires me to get an Estate Bond as Security to act as Executor or Administrator of an Estate?

What Will I Need to Provide if the Nova Scotia Probate Court Requires me to get an Estate Bond as Security to act as Executor or Administrator of an Estate?

Nova Scotia Probate Court Can Require an Executor or Administrator to Post Security Prior to Opening the Estate

The Nova Scotia Probate Court can require a person applying for a Grant of Probate (Executor, when there is a Will) or a Grant of Administration (Where there is no Will) to post security in the amount of 1.5 times the value of the deceased person’s estate. Most commonly, this happens where there is no Will or the Executor(s) reside out of Province.

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Is a Power of Attorney Executed Out of Province Valid in Nova Scotia?

Is a Power of Attorney Executed Out of Province Valid in Nova Scotia?

All things ‘Powers of Attorney’ in Nova Scotia are governed by the recently updated (July 2022) Nova Scotia Powers of Attorney Act. The Act says that a document made outside of the province is deemed to be a valid power of attorney under this Act if it meets the following two criteria:

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How do I Know if My Parent or Spouse has the necessary Competency to make a Power of Attorney in Nova Scotia?

How do I Know if My Parent or Spouse has the necessary Competency to make a Power of Attorney in Nova Scotia?

All things ‘Powers of Attorney’ in Nova Scotia are governed by the recently updated Nova Scotia Powers of Attorney Act. The default is that a person is presumed to be capable of making a power of attorney. However, sometimes by the time a person, or their loved one, realizes a Power of Attorney document would be helpful, it’s uncertain whether the person has the required competence to make a Power of Attorney.

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My child is transgender. How will the court treat my custody case and which name and pronoun will they use?

 My child is transgender. How will the court treat my custody case and which name and pronoun will they use?

Courts in Canada have repeatedly recognized the right of a child to have the name, gender expression and gender identity of their choosing. Even if you have not legally changed your child’s name and gender marker, a Nova Scotia court will use the name and pronouns indicated by parents in the application.

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My partner and I are in a same-sex relationship and are separating. How will this affect getting a divorce or separation agreement in Nova Scotia?

My partner and I are in a same-sex relationship and are separating. How will this affect getting a divorce or separation agreement in Nova Scotia?

In Nova Scotia, same-sex couples have had the legal right to get married since 2005. Just like heterosexual marriages, some of these marriages will unfortunately break down. However, those in same sex relationship can be assured that they will be treated just like opposite-sex relationships by the legal system.

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Do Nova Scotia courts favour mothers in custody battles?

Do Nova Scotia courts favour mothers in custody battles?

Many people believe that the court favours mothers in custody battles. However, this is not necessarily true. The court must do what is in the best interests of the child. In Nova Scotia, the court will try to keep the “status quo” for children whose parents are separating, as much as is possible.

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My husband had an affair. Does this change the amount of support I can receive or the way we divide our property in Nova Scotia.

My husband had an affair. Does this change the amount of support I can receive or the way we divide our property in Nova Scotia.

In Nova Scotia, we have what we call “no fault” divorce. This means that we do not take into consideration the “why” of the breakdown of the marriage, at least when it comes to the financial aspects, such as spousal support or division of property. In short, in Nova Scotia you will not be entitled to more or less support or other property because your ex-spouse had an affair or was abusive.

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My partner is physically and emotionally abusive and I want to leave. Can I still get custody of my children and support in Nova Scotia?

My partner is physically and emotionally abusive and I want to leave. Can I still get custody of my children and support in Nova Scotia?

If you are experiencing any form of abuse from a partner, you should know that it is not your fault. If you wish to leave an abusive relationship, it’s important to know that your ability to have custody of your children and your entitlement to spousal and/or child support are not affected in Nova Scotia by the fact that you have experienced abuse.

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Am I able to add my adult children to the Deed to my Property in Nova Scotia?

Am I able to add my adult children to the Deed to my Property in Nova Scotia?

You can add additional owners to your property whenever you want. The new owner does not have to pay money and they can be family members. You can make the new person an equal share owner or you can give them a certain percentage. Most commonly, parents add their children as Joint Tenants. This makes the child an equal owner with any other Joint Tenants. The benefit to the Joint Tenant route in Nova Scotia is that when one person dies, the surviving owners automatically become full owners without requiring the estate to pass through Probate Court (saving time, stress and significant money).

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Why is my Nova Scotia bank requiring me to get “Independent Legal Advice”?

Why is my Nova Scotia bank requiring me to get “Independent Legal Advice”?

If you have rights to a property in Nova Scotia, usually by way of the Matrimonial Property Act, but you are not an official owner on title to the property, the owner of the property must get your consent before they can sell or encumber it (like a mortgage or line of credit). In almost all of these circumstances, you will have to sign the legal paperwork as the ‘Releasor’, meaning you are releasing your right to prevent the property from being sold or encumbered.

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