NewsTalk 1010: Can Children Force a Divorce? - Featuring Laura Paris, Shulman & Partners

High-profile family disputes can place complex areas of family law under public scrutiny, particularly when questions of capacity, power of attorney, and blended families overlap. A widely reported court decision involving Canadian boxing legend George Chuvalo brought these issues into focus after a judge dismissed an application brought by his adult children seeking to divorce him from his wife and remove her from the matrimonial home. The case raised difficult questions about who is entitled to make deeply personal decisions on behalf of another person and where legal authority must stop. Laura Paris, Associate Lawyer at Shulman & Partners LLP, provided legal insight into why the court approached this matter with caution and why the ruling has broader implications for families navigating elder care, second marriages, and decision-making authority later in life.

“You need to be careful when you are giving power to a third party to decide whether or not someone should be in a relationship..."
— Laura Paris, Associate Lawyer at Shulman & Partners LLP

The Chuvalo case attracted attention because of its unusual legal posture. Mr. Chuvalo’s adult children, acting under a power of attorney, attempted to initiate divorce proceedings on his behalf and sought to evict his wife of more than twenty-five years from the matrimonial home. They alleged financial misconduct and incapacity, arguing that their father was being taken advantage of and could not make decisions independently. Ultimately, the court dismissed all claims with prejudice, meaning the children are barred from bringing those claims again.

Laura explained that the decision reflects the courts’ reluctance to allow powers of attorney to be used to control intimate personal relationships. While a power of attorney can grant authority to manage financial or legal affairs, it does not automatically extend to decisions about marriage, separation, or reconciliation. These remain deeply personal matters, even where capacity concerns exist.

She noted that cases involving alleged incapacity often sit at the intersection of family law, estates law, and capacity law. When disputes arise between spouses and adult children, courts must weigh competing narratives about what is truly in the individual’s best interests. This process becomes particularly sensitive in blended families, where inheritance expectations and long-standing tensions may influence legal strategies.

Another key point raised was how rare it is for children to attempt to force a divorce on behalf of a parent. Laura emphasized that allowing such claims could open the door to intrusive litigation and undermine personal autonomy. Courts are therefore careful not to set precedents that would permit third parties to dictate marital status based on their own views or interests.

The discussion also highlighted the importance of thoughtful planning when granting powers of attorney. Families are encouraged to seek legal advice to understand the scope and limits of these documents before conflicts arise. As this case demonstrates, courts will closely scrutinize attempts to extend legal authority beyond its intended purpose, particularly when it affects fundamental personal relationships.

Listen to the full NewsTalk 1010 segment here. 

This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media  archive.