Frequently Asked Questions

Yes, very much so. Given the strictness of this area of law, you absolutely must have a legally sound agreement drafted for such a donation.

Cohabitation agreements are legally binding contracts, provided that they are drafted and executed properly, and are signed as a deed. It is therefore essential to obtain legal advice before preparing an agreement.

Common-law spouses are not required to equalize property after a separation, so there is less risk of losing any inheritance you may receive. However, spouses may still sue one another under equitable remedies, so it is still best to take precautions to protect your inheritance.

In cases involving child support, you must typically serve and file financial disclosure. Financial disclosure is providing facts about your finances to the opposing party and the court, including your income, spending, assets such as property and other valuables, as well as debts.

If a parenting plan is included in your court order under the Divorce Act, the document will be legally binding.

Each province and territory in Canada has a maintenance enforcement program for family orders and agreements. Additionally, the federal government may refuse to issue a Canadian passport if the applicant is delinquent in child support payments. They also have the authority to garnish wages for the back payments owed. In the USA, the Office of Child Support Enforcement, which is part of the Administration for Children and Families in the Department of Health and Human Services, is now in charge of the federal child support enforcement program.

Ontario law does not specify the age at which a child can decide which parent to live with. At most, the Court may consider the preference of the child but that does not necessarily mean that the Court will act favorably on it. The court will consider the child’s maturity, ability to articulate their desires, and the reasoning behind their views when seeking their opinion.

Many matters are resolved through negotiation, mediation, collaborative family law or another settlement process. Court may still be required when an agreement cannot be reached, urgent relief is necessary, or there are significant safety or power-imbalance concerns.

In most cases, the answer is no. However, there can be some exceptions that the mother can build a case upon. These include the father putting the child at risk, non-compliance with the court order, or a history of violence by the father.

Yes. You may have your spouse sign a prenuptial or postnuptial agreement to protect your personal property or inheritance should your marriage end in divorce.

A separation agreement executed by both parties can be enforced when the spouses get a divorce later.

A family cannot override a living will unless it is explicitly stated in the will that they can override or change the wishes stipulated in the will.

Future inheritances are not taken into account when dealing with the financial aspects of a divorce, but if it is expected that the person making the bequest will die in the near future, and if the inheritance is likely to be substantial, it may be.

Yes, you can still adopt if you have a mental illness as long you know how to nurture a child’s demands. Having a disability does not prevent you from becoming an adoptive parent.

Yes, you can adopt when you’re older, and it’s worth noting that agencies can’t legally on age. As of now, more people are willing to adopt in the later years of their life.

If the divorce proceeding is already happening and you do not have a prenuptial, post nuptial, or any other agreement with your spouse outside the divorce proceeding that shields your business from the effects of the divorce, chances are your business may have already been listed as part of the marital or family assets that will be subjected to distribution between you and your spouse.

It is advisable to consult your lawyer or let your lawyer represent or negotiate on your behalf about that matter instead of doing it by yourself.

Arbitrary dissolution or cessation of the business during the divorce process may be construed by your spouse, the mediator, or the judge, as bad faith on your part which may negatively impact the outcome of the distribution of assets in your divorce.

In order to change your child’s last name, you will have to be the child’s parent with legal custody or be the legal guardian of the child. In order to change the child’s last name, you will have to provide notice to anyone who has legal access to the child, and that may include your ex-spouse.

Until the matter of child and spousal support is dealt with, you cannot assign a new beneficiary to your life insurance policies. This is because one’s support obligations are binding upon one’s estate, and if it turns out that you will be the payor of either or both of child and or spousal support, the recipient spouse needs to remain the beneficiary of a sufficient quantum of life insurance proceeds to cover the support that is payable.

Yes, you can date while separated in Canada. However, there is a legal implication to that. If the timing of your new relationship comes into question during your divorce, your relationship may be considered as an affair or adultery.

If you or your spouse are not in Canada, you can not get a divorce. However, you can end your marriage under the Civil Marriage Act. You can only end your marriage in Canada and not another country because your marriage is only valid in Canada.

Yes, you can separate from your spouse. Separation does not have to lead to divorce. However, if you plan to remarry, you must file for divorce after one year of separation. Also, you may want to consider that if you just leave, your spouse may file for spousal support or child support.

It is advised however that before leaving, you try to have a separation agreement with your spouse.

Although it is possible to write your own cohabitation agreement, it is best to contact a lawyer to make sure that your agreement properly protects your interests and is legally binding. The agreement will also be stronger if you and your spouse each talk to different lawyers before signing the agreement.

Yes. In Ontario, existing family law orders (for decision-making responsibility, child support, spousal support, and more) can be changed if there has been a material change in circumstances since the order was made.

To modify an order, you can negotiate an amendment with your former partner, participate in mediation, or bring a motion to change in court. Your family lawyer will help you determine whether you qualify for a motion to change and represent you throughout the variation process.

Yes, it may be possible for you to pay for child support directly to your child, but it’s worth noting that this only happens in rare cases. Usually, you’re obligated to pay it to the other parent.

Creating a custody plan with a narcissistic ex-partner is a task best left to legal professionals. While there might not be one way to deal with a narcissistic ex, there are things that you can do to turn the tables on a narcissistic co-parent. The best way to prevent problems is to go with no contact or limited contact with your ex-partner and put everything in writing if you must only communicate via email or text message to record statements and harassment.

Let us consider that the “moving away” is relocation and not just a change in residency.

Then, let us qualify that the mother will take your child with her.

If the mother is the primary caregiver of the child, you may oppose the relocation by applying the principles laid down under the Gordon vs. Goertz case. You must present your case strongly as to why potentially cutting your child’s relationship as the primary caregiver is to your child’s best interest. This situation falls under the purview of Section 16.93(2) of the Divorce Act.

If both you and the mother have equal parenting time over your child, the mother of the child has the burden of proof as to why the relocation is for the best interest of your child. This situation falls under the purview of Section 16.93(1) of the Divorce Act.

If there is no Court ordered, approved, or awarded parenting time or separation agreement, as contemplated under Section 16.93(3) of the Divorce Act, the mother has the burden of proof to show that relocation is in the best interest of your child.

Note that even if the burden of proof is not laid upon you, it still recommended that you present a strong opposition to the relocation.

Yes. Our legal services are available in person, online, and over the phone. In addition, although our main office is located in Toronto, we have over 8 additional satellite offices located throughout central, southern, western, and eastern Ontario to serve family law clients across the province.

Yes, there they can. Domestic violence against males can take many forms, including physical, emotional, verbal, and sexual assault. Men are abused significantly more frequently than you may think in heterosexual and same-sex relationships. It affects males of all ages and occupations, from many cultures and walks of life.

Yes, it is possible for your ex to prevent you from relocating with a child you share, although this will likely plan on your parenting arrangements and decision-making responsibility. If you cannot agree about a relocation, a court will decide based on the child’s best interests.

Generally, you need to provide your ex with 60 days’ written notice of your relocation plan, and you must obtain consent or a court order to move the child. A lawyer can help you navigate this process. Our divorce lawyers will guide you through the application and court order process.

No. The court is able to impute income if it feels that one of the spouses could be making more money but is deliberately working below his or her capability. The rules that allow imputing income were created to stop deliberate attempts on the part of one spouse to avoid the financial responsibility of spousal support.

Unless it is specifically mentioned in the agreement, spousal abuse or cheating cannot invalidate a prenuptial or partition agreement. It’s also worth noting that such agreements generally do not mention cheating or abuse.

A spousal support award amount can be changed either on agreement of the parties or upon application to the court seeking a modification. An application for support award modification can be made when there is a significant and ongoing change in circumstance to one of the parties such as a loss of a job.

Yes. In determining if there is an entitlement to spousal support, the court will consider (among other factors) the apportioning between spouses of the financial consequences which have arisen in consequence of the way in which they divided the childcare responsibility, pursuant to section 15.2(6) of the Divorce Act.

If one spouse sacrificed his or her place in the working world (and, in turn, own economic self sufficiency) in order to allow the other spouse to pursue professional opportunities (i.e. assuming responsibility for all chores within the domestic sphere, including raising of the children), then that spouse would have a compensatory entitlement to spousal support.

The Divorce Act and the Family Law Act both look at the recipient spouse’s contribution to the relationship and the economic consequences that evolve from the relationship. Here, “contribution” includes the labour put into the domestic side of the relationship.

If you are litigating your matter, social media posts made by your spouse or partner may be relevant, especially if they contradict what your spouse is claiming in his or her pleadings.

For example, if a spouse is claiming financial hardship, a Facebook post that shows that spouse going on an expensive trip or posing with an expensive car can undermine such claim and potentially affect that party’s credibility in court if presented as evidence on a motion or at trial.

Further to photograph-based posts, statements that are made on social media by one party can be relevant if said posts (i) are related to the litigation, to issues of parenting and/or (b) contradict statements that were made by the party in his or her pleadings. For example, if a party is attempting to establish that he or she is an appropriate custodial parent, then recent social media posts about extensive partying and drug use made by that party may be relevant in court, as they may speak to that party’s fitness when it comes to appropriate supervision of a child in his or her care.

A couple who is unmarried and have no children may also seek spousal support if they meet the cohabitation criteria under the Family Law Act of cohabitating together for at least 3 years.

An unmarried couple who has children together may seek an award of spousal support. They may do so based on one partner having a financial need that resulted from the end of the relationship and the financial consequences arising from the care of the children.

Yes, but they will need to establish paternity, especially if the father and the mother separate. Here are the ways to establish paternity as recognized by the court:

• Act of birth
• Presumption of paternity
• Uninterrupted possession of status
• Voluntary declaration

Yes, spouses can draft a separation agreement without the aid of a lawyer. However, getting legal advice is recommended so that you truly understand all the conditions in the agreement you have made with your partner.

Yes, you can amend a prenup agreement at any given time, as long as both parties agree and are willing to sign the amendments.

Yes. This marriage contract is called a postnuptial agreement and has similar functions to a prenup.

Divorce can be a difficult decision to make, especially if you’re unsure if your partner will sign the petition. However, a divorce does not require your partner’s consent. Although it may be a long process if your partner doesn’t comply, they will not be able to stop you indefinitely.

Yes. Typically, guardians are family members who volunteer out of the goodness of their hearts, although it’s possible to get compensated as a guardian. You will need to provide proof of legal guardianship to the relevant authorities to be able to claim such compensation.

If you deny court-approved parenting time, it could be a possibility. The court may find you in contempt. You may also have to compensate the other person for any lost parenting time or legal fees they had to pay to enforce the parenting arrangement.

You can only sell the matrimonial home with the consent of both spouses.

The only ground for a divorce in Canada’s Divorce Act is marriage breakdown. This could include spousal infidelity, although infidelity alone could be difficult and emotionally taxing to prove in court.

The province asserts the rights of the child through child support. As such, neither parent has the legal ability to bargain away or waive child support.

Both parents have equal rights when it comes to co-parenting arrangements. Even during a custody dispute, mothers are not favored over fathers.

Your cohabitation agreement applies as a marriage contract if you marry your common-law partner. But, if you think the agreement will not apply, the document can expire at that time and you may create a new marriage agreement.

To protect their legal rights, unmarried couples who intend to live together could enter a cohabitation agreement, which is similar in function to a marriage contract.

Yes, parties to a prenup agreement must have separate lawyers from different law firms to advise and draft the contract for them. The absence of independent legal counsel might invalidate the contract and make it unenforceable.

Although grandparents do not have an automatic right to custody or access (now called decision-making responsibility and parenting time), they can apply for custody rights in Ontario. Whether they are granted sole, partial, or shared custody will be up to the courts, who primarily take into account the child’s best interests when making such decisions.

It would be highly inadvisable to proceed with your planned surrogacy without legal representation from an experienced lawyer. It’s just not worth the risk.

You are not legally required to retain a lawyer to apply for divorce. However, a divorce application may involve important questions about parenting, support, property and procedural requirements. Independent legal advice can help you understand how a proposed agreement or court application may affect you.

Yes. Getting a lawyer can provide you with the help and legal advice that you need to best deal with your case.

Yes, in most cases, you must be separated for at least one year before you can file for divorce in Ontario. This one-year separation period is considered sufficient proof that the marriage has broken down.

If your divorce application is based on grounds such as adultery or cruelty, you may not need to wait for a year-long separation to file. You will need to provide appropriate evidence of such actions occurring, though. An experienced Toronto divorce lawyer will be able to advise you on what your timeline will look like and what you need to do legally to proceed with your divorce.

Your living will simply expresses your desires for medical care and doesn’t require you to choose someone to act as your personal agent.

While many sources say that prenuptial agreements lead to longer marriages, other sources disagree. However, a prenup will protect you if your marriage breaks down.

Parenting arrangements affect child support. Under Section 9 of the Federal Child Support Guidelines:

Where a spouse exercises a right of access to, or has physical custody of, a child for not less than 40 percent of the time over the course of a year, the amount of the child support order must be determined by taking into account:

1. the amounts set out in the applicable tables for each of the spouses;
2. the increased costs of shared custody arrangements; and
3. the conditions, means, needs and other circumstances of each spouse and of any child for whom support is sought.

No. The law does not favour mothers over fathers in divorce proceedings. The judge will base his decision on the evidence laid out by both parties.

The Ontario courts have broad discretion to determine the merits and context of a child’s post-secondary education and when child support payments should cease.

No. Child support is memorialized in the divorce settlement agreement. It is not affected by the marital status of the parents.

No. You won’t automatically have rights over a child even if you establish paternity. You’d still have to prove to the court that you are worthy of having rights over your child.

If you find yourself divorcing your partner, consider going for the collaborative option. This does not only cost less than a litigated divorce, but it also ensures that you part ways with your partner amicably instead of being irrevocably broken by the nature and pressures of the courtroom process.

While a person is alive, a will doesn’t need to be filed in court to be legal. The only time a will has to be documented is when the person who wrote it dies; then, the will must be submitted with the Clerk of the Court to begin the formalities.

In some cases, it can be. However, parents could also arrive at this decision by themselves if they get along well enough.

Child support depends on the annual gross income of the parents.

Under Ontario Law, marriage is considered an equal partnership and it follows that when a marriage comes to an end, the law requires an equal division of the property. The general rule is when a marriage ends, the value of all property acquired during your marriage and maintained through the separation should be divided between equally between the parties.

If you encounter a parenting dispute with a former partner, you may choose to resolve your issue out of court or through the court system. Outside of court, you may engage in an alternative dispute resolution method (e.g., mediation, arbitration, collaborative family law) wherein you and your spouse can negotiate a satisfactory agreement amongst yourselves and file your agreement with the court.

If you cannot agree outside of court, you can take your case before a judge in Ontario. They will examine evidence and arguments presented by both parties and issue a final judgment on the outcome of the parenting dispute. When it comes to parenting arrangements, courts normally consider the best interests of the child when making decisions.

New rules for pension division upon the breakdown of spousal relationships came into force in Ontario as a result of amendments to the Ontario Family Law Act and Pension Benefits Act. Pursuant to the Family Law Act, the imputed value of married spouses’ pension assets constitutes property. Married spouses who decide to end their marriage are legally entitled to an equalization of pension assets and other property that they have amassed together during the marriage. If you are contemplating separation or divorce in Ontario, it is critical to receive legal advice about the division of pension assets in order to ensure you understand and protect your rights.

The new rules in Ontario for pension division apply to all spouses whose relationship has broken down, unless a court order, family arbitration award or domestic contract provides otherwise. Under this new regime, pension plan members and their spouses may apply to the plan’s administrator for a statement of the imputed value of each spouse’s pension benefits, deferred pension or pension. The pension administrator will first calculate the total value of the pension up to the family law valuation date. The administrator will then calculate what portion of the preliminary value of a pension is attributable to the period of the marriage, i.e. the imputed value of a spouse’s interest in a pension plan.

Once the value of pension is calculated, the value will be included in the pension holder’s net family property, along with his/her other assets, for the purpose of calculating the equalization payment. After the equalization payment is calculated, up to 50% of the value of the pension may be transferred from one spouse to another in order to satisfy the equalization payment in whole or in part.

Contact Gelman & Associates to learn how experienced, forward-thinking, family law lawyers can ensure your pension entitlements are protected during separation or divorce. Call us at (844) 736-0200 or contact us online for a confidential initial consultation.

The majority of judges strive to make decisions that are in your children’s best interest. Giving full custody to one parent is usually the best option, except in cases with concerns such as child or substance abuse. This typically means keeping in contact with and maintaining relationships with both parents.

You should do everything possible to prepare for the subsequent child custody negotiations, whether you’re a parent seeking full custody or shared custody:

Be honest with yourself about your ability to manage things alone, in terms of practicality, finances, and other factors. You may get the result you want by presenting the strongest case for custody by doing the following:

• Make a Strategy: If custody is granted, a court will expect you to be ready. Compile thoughtful replies to hypothetical queries posed in court.
• Speak with people who have gone through the child custody procedure before you. They may provide you advice and tell you what to anticipate.
• Judges look for proof of a meaningful relationship in addition to making sure you can provide a child’s practical and basic needs. Simply put, be involved in your children’s lives.
• Continue to pay child support regularly, whether you’re asking the court for full or shared custody. When you start the procedure, you’ll want to make sure you have a strong track record.
• Keep a detailed log of your visitation schedule. This is a crucial aspect of obtaining child custody. Visitation records reflect how often you see your children under the present arrangements and your dependability, as well as dedication to them.
• During all child custody hearings, the court will inquire about acceptable living accommodations. Even if you live in a tiny apartment, you should create a unique and secure environment for your child.
• Courts may determine child custody in part by how you treat your child’s other parent. Being hostile or unpleasant to the other parent makes collaborative decision-making more complicated and can break apart parent-child ties. As a result, judges are more inclined to favor the parent who isn’t behaving badly.
• While parents typically spend a lot of time thinking about what they believe is best for their children, children’s perspectives are sometimes overlooked. The court will be interested in learning what the children desire and will most likely question them directly at some point throughout the proceedings. You can better inform your decision-making by asking your child what they think.

Divorce is challenging for any child. When it comes to their emotions, they will feel insecure and sad growing up, especially when they see other children who have a complete family. Therefore, parents should make sure to prioritize the welfare of their children even if they are no longer together.

There are many ways for you to keep your inheritance separate from your spouse, such as saving all proof, like photos and records, that show that the estate was intended for you alone.

Apply for a non-removal order to prevent your ex-partner/spouse from taking the child out of Ontario without your consent. Flag your child’s birth, school, and medical records, so you will be informed if anyone requests them. You can also include your child’s passport information in the Passport Program System Lookout List to prevent the application for a new passport.

You can protect your assets in your marriage without getting a prenup by legally separating your finances from your spouse, keeping items you brought into the marriage or acquired through an inheritance separate, and valuing your business.

Ex parte motions provide an exemption to the principles of due process in emergencies by allowing you to petition the court without having to give notice or serve the other parties in your case. If the judge issues the ex parte order, it’s only for a limited time.

When calculating the number of days for filing documents, do not include the day of the event. The deadline will be the last day. But remember to include all other days, including weekends and holidays. Please see exceptions.

Unless a specific court order prohibits it, you can apply to the Registrar General to affect the change under law. Your family lawyer will be happy to assist you in this matter.

Here are some questions to ask when choosing a divorce lawyer: Does the lawyer have several years of experience in family/divorce Law? Do they have a sound strategy or plan on how to tackle your case? Does the lawyer understand the needs of children? Is the lawyer responsive and accessible? Do I feel confident and comfortable enough to communicate with them easily?

If your children are visiting your narcissistic ex, no doubt they are being exposed to toxic and unhealthy beliefs and manners. The best way to counter this problem is by parallel parenting. Build a safe and healthy home for your kids. Do not make it so it looks confrontational in your child’s eye, like showing how things work in your home vs how things are in your ex’s. Just teach your kids empathy, appropriate boundaries, the safety of expressing real feelings, and vulnerability as a show of strength instead of a weakness.

As a general rule, to be able to divorce in Canada, under the Divorce Act RSC 1985, c3 (2nd Supp), the following qualifications must be existing:

• Both spouses are legally married to each other under the laws of Canada, or under the laws of another country, and that marriage is recognized in Canada.
• The marriage has broken down.
• Both spouses lived in the Canadian province or territory where you apply for your divorce for a full year immediately before making your application.

Except in the case defined in Section 7 of the Civil Marriages of Non-Residents Act S.C. 2013, divorce under this law does not require a one-year prior residency in Canada for non-residents getting a divorce in Canada.

It is illegal to hide money or assets from your spouse in the case of a divorce.

The best way to protect your business during a divorce is to designate it as separate property in a prenuptial agreement. Your pre-nuptial agreement will serve as a protection because it ensures that your business is still a separate entity no matter how much your spouse contributes.

Narcissists have trouble understanding boundaries. If you won’t do anything, they will take and take to people who have no problems about giving. Setting boundaries early on establishes that you are not someone they can manipulate into doing what they want. Stick to plans and do not tolerate any adjustments they are proposing if you are not on board with them.

In Canada, spouses, whether same-sex or heterosexual, have the same rights and obligations under Canadian law.

If you get an order and want to change it, you first need to assess your relationship with the opposing party.

If you both agree, you can apply for a consent order and need not go to court. If you do not, you may seek help from mediators or counsellors who can help you talk things out. If you still do not agree after mediation, you will need to apply to the court to change the order.

When you communicate with an alienated child, always speak with love and kindness. Stay calm and never react. Do not bombard them with communications. Most importantly, do not invalidate if the child does not respond. Wait for them.

You can prove narcissistic abuse by equipping yourself with detailed evidence. You can document and keep logs of all police reports you may have filed, copies of any restraining orders, messages that the narcissist sends you via social media, and missed visitations if you share custody of children. You can also take pictures or videos if the narcissist is engaging in hostile activities, such as slicing your car tires, hurting your pet, destroying your property or belongings, or being physically abusive.

You must prove enrichment by one party to the deprivation of another without any reason in justice or equity.

You can use this motion if you need to change your order. By filing this motion, you’re asking the court to change something in your final order. It would help if you showed that there has been a substantial change in circumstances since the last court order. You can’t file this motion just because you disagree with the order. You shouldn’t also file this motion too soon after the court releases the final order. If things have changed in your children’s lives, you can ask to modify the order based on those changes. Other samples you can change may include but not be limited to:

• Spousal support
• Decision-making issues for the children
• Issues related to parenting time
• Child support

Lawyers present evidence by calling witnesses who they question as the direct examination.

In this kind of relationship, you will lose yourself because you will be trained to focus on his or her feelings and reactions, not yours. You will experience silent treatment, cognitive dissonance, confabulation, and gas lighting. You will find yourself telling a grown adult how to have normal interactions with others.

The procedure of domestic adoption is similar throughout Canada, although it varies based on the agency or province with which you’re working. Applicants who use public adoption agencies have to attend initial intake meetings when the agency will explain the adoption process and give them an estimate of how long they’ll have to wait.

Applicants must next fill out the formal agency application. Adoptive parents in Ontario must complete a 27-hour educational course known as Parent Resources for Information, Development, and Education (PRIDE). Other provinces’ agencies also need a comparable training program.

A home visit by an adoption professional or a social worker is the next stage, which is frequently done in conjunction with PRIDE training. Applicants must give autobiographical statements, a physical test, a police clearance check, a minimum of five letters of reference, and approval from the Children’s Aid Society during the home visit.

Applicants must meet an adoption licensee after the home visit is completed. For international adoptions, adoptees should get hold of the international agency before the home visit is conducted to verify that the country’s eligibility criteria are satisfied during the home visit.

Depending on what kind of adoption and which province you live in, the procedure might take anywhere from nine months to nine years. A report gets produced and given to the adoption practitioner or agency to be approved once the casework is done. It’s not up to one person to decide whether or not to accept a family.

The court determines a child’s habitual place of residence based on the applicable law’s definition of habitual residence. For example, under the Children’s Law Reform Act, Ontario, the child’s habitual place of residence is the place where the child resided with both parents, or with one of the parents as specified in a Court Order or separation agreement between the parents, or the place where the child resided with a person other than any of the parent by virtue of a Court Order.

Generally, the court will give that individual a chance to obtain a DNA or blood test. If they refuse to be tested, the court may assume that they are the biological father, particularly if there is no evidence provided establishing that they are not. In Ontario, the Children’s Law Reform Act essentially removes any incentive to refuse testing by reserving the right to make an adverse inference/presumption in any event (i.e. whether or not the test is taken).

Whether based on the Family Law Act or as stated by the courts, there is no set way in confirming a business’s value. There are two general approaches though. The first approach focuses on the business’s worth at present, while the second considers its future income-earning capacity. Whichever approach you and your spouse agree to follow may still be manipulated by other factors like the goodwill or brand of the business, tax implications, etc.

The divorce or family lawyers from Gelman & Associates are highly capable in protecting your business from the effects of the divorce or ensure that you get your fair share in the distribution of assets.

A general power of attorney gives a lawyer the authority to do anything the donor could perform. In contrast, a specific power of attorney is one that gives the lawyer authority to act for a particular purpose only.

Child support is calculated by considering the following:

• The number of children that require support
• The paying parent’s residential province
• The paying parent’s annual income before tax

There are a lot of factors that the court considers in determining the custody of the child, which includes the jobs and the time spent by the parent with the child. In addition, the court will review the role that each parent has had in the child’s life.

Spousal support is typically determined based on each spouse’s income and the roles that they played in the relationship while they were married. Courts typically refer to the Spousal Support Advisory Guidelines (SSAGs) when determining amounts, although these are not legally binding.

On average, you can expect your paternity test results to become available three weeks after sample collection.

The timeline for a divorce in Ontario will depend on whether it is contested or uncontested. An uncontested divorce may take approximately 3 to 6 months, provided that you file all necessary documents correctly and there are no internal delays.

A contested divorce, which usually involves more intense disputes over issues like property division, decision-making responsibility, or support, may take much longer. Some contested divorces may span a year or longer, due to the need for negotiations, court appearances, and potential trial dates.

Spousal support must be paid until either the conditions for stopping payment as laid out in the agreement or court order have been met, the order has been changed by a court, or you and your former spouse have agreed to change your agreement.

It is difficult to determine how long the divorce process will take as there are issues that can make the situation more complicated. For instance, the Divorce Act allows couples to file for a divorce provided that both sides are residents of a Canadian province for at least a year. However, divorces for same-sex couples can only be filed in provinces where the marriage is recognized. If the couple wishes to file for divorce in a province that does not recognize their union, they may not be able to claim support or divide property.

Canada has allowed same-sex marriage for roughly 17 years already. The Canadian Parliament passed legislation making same-sex marriage legal nationwide in 2005.

In Gelman & Associates, we can issue a Foreign Divorce Opinion Letter within 24 hours upon submission of ALL the required documents.

Each contested divorce case is different, so that the cost can vary widely. However, you can probably expect to pay a lawyer upwards of $7,500. For comparison, an uncontested divorce would cost about $700 in court filing fees. If you retain a lawyer in an uncontested divorce, you may pay a flat fee, typically around $2,000.

Legal fees depend on the complexity of the matter, the amount of conflict, the process used, and the work required. During a consultation, the lawyer can discuss the anticipated steps, billing arrangements, and factors that may affect the overall cost. That way, you’ll know what to expect from the first meeting.

There may also be a price difference between contested and uncontested divorces. The cost can vary widely. However, you might expect to pay a lawyer upwards of $7,500 for a contested divorce. In comparison, an uncontested divorce may cost approximately $700 in court filing fees. If you retain a lawyer in an uncontested divorce, you may pay a flat fee, typically around $2,000.

It’s recommended to update your will after a major life event, like marriage, divorce, or giving birth. You may also update your will every four to five years.

If your child is experiencing parental alienation, you should maintain as much contact with your child as possible, contact a qualified psychologist and an experienced Ontario family law lawyer who can assist you in restoring your relationship.

Ontario does not recognize “quick divorces” from other countries. You can assess if your or your partner’s divorce from a foreign country is valid in Ontario if:

• The divorced party/divorcee and/or the former spouse were residents of the foreign country for at least 12 months prior to the divorce being obtained;
• The divorce is recognized by the laws of that foreign country.

However, other factors can also determine the validity of your or your partner’s foreign divorce in Ontario. It is better to have your Ontario lawyer look into the foreign divorce to be sure.

Provided nothing in the arrangement infringes on Ontario law, it should be perfectly valid. This is a complex area, so be sure to seek legal advice.

Yes you can. What you can do now is for you and your wife to designate the second home as the matrimonial home, and register it as matrimonial home before the land registry office. After doing so, the first home that you purchased using your inherited money will no longer be considered a matrimonial home. In this case, you can now exclude the amount you paid to purchase the first home from the net family assets.

If you received the inheritance prior to the marriage, the valuation of the inherited property at the time of the separation less the valuation of the inherited property at the time it was received will be included the net family property.

Suppose you received the inheritance before the marriage. In that case, the valuation of the inherited property at the separation, less the valuation of the inherited property when it was received, will be included in the net family property.

If you received the inheritance during the marriage, generally speaking, the value of the inheritance at the time of the separation will be excluded from the net family property.

Complexity may arise depending on how the inherited property was used during the marriage or if it can be identified separately at the time of the separation.

An example of the situation on identifying the inherited property is inherited cash. Inherited cash is advised to be maintained in a separate account and not co-mingled with spouses’ individual or joint accounts.

Further, suppose the inherited property earns income (not increase in value of the inherited property), or the inheriting spouse derived income from its use (an example is the sale of the inherited property). In that case, the income is included in the net family property. Further, if the inherited property earns income (not increase in value of the inherited property) or income was derived by the inheriting spouse from its use (example is the sale of the inherited property), the income is included in the net family property.

Yes, a business is considered marital property, especially if acquired during the marriage and with joint funds. If this is the case, then its value should be shared by the couple equally upon divorce.

No, a limited company is not protected from divorce. Business assets such as shares in a limited company, assets owned as a sole trader, or an interest in a partnership can be considered part of your divorce financial proceedings.

Yes, a living will is legally binding in Canada given that it is drafted and executed properly. In order to ensure that a living will is properly drafted, many people elect to utilize a standard form version of the instrument.

First, we must define what “seasonal cottage” means. If “seasonal cottage” pertains to the description of the cottage, like a dwelling regularly used by the family during winter, then that may be considered a matrimonial home. However, if “seasonal cottage” pertains to the frequency of when the family uses it, then that means it is not used regularly and thus may not be included in the meaning of matrimonial home.

We must also consider if both spouses already registered a matrimonial home with the land registry office. In this case, if what was registered is a dwelling other than the regularly used seasonal cottage, then that seasonal cottage may not be considered a matrimonial home.

Most couples who separate eventually go on to divorce. In very few cases, there are religious or financial considerations that cause them to remain separated indefinitely, but divorce will provide closure to the end of a marriage.

It depends on the situation. Sometimes, expected outcomes are not met when negotiating in court, so people are willing to venture into other means like alternative dispute resolution (ADR). Also, the flexibility of the ADR processes entices people more than ever.

Yes. Child support is the right of the child, and parents are obligated to assist their child or children financially as long as they are dependent on them.

Going on a date per se is not adultery. However, since you are still legally married, it would probably be considered adultery if you have intimate relations with anyone other than your spouse. Of course, your spouse can always claim you have had sexual relations even if you have not, which can be a problem if you are getting a divorce. Consult your lawyer if going on any dates at all is a good idea.

Yes, it is different. Family law problems are addressed mainly by provincial laws in Ontario. Divorce law, on the other hand, is controlled by federal legislation in the form of the Divorce Act, which applies uniformly across the country.

There is no requirement to share a bank account. It may be possible for 1 party to withdraw funds without the consent of the other, depending upon your arrangement with the bank. We normally advise parties to request that the bank require 2 signatures. Joint account or not, arrangements should be made to continue the status quo until an agreement is finalized.

Yes, it can be challenging to adopt in Canada. As of now, there are five ways you can adopt in the country, and each of them has its own complicated process that you should undergo.

Although you don’t need a lawyer to make a cohabitation agreement, a lawyer can help you understand:

• The rules your agreement needs to follow
• The claims you can make once your relationship ends
• Your rights and responsibilities
• How your rights change once you sign the cohabitation agreement

A person cannot actually be tested without their consent. So, even if a judge has ordered testing to be done, the alleged father can still refuse to submit to the court-ordered test. In this circumstance, the judge is able to take the refusal into account when rendering a decision.

While individuals have the ability to change, they must have a strong desire to change and be devoted to all parts of change in order to do it, and even then, it’s much easier said than done. Only a small fraction of abusers actually change their habits.

Temporary orders may be changed through agreement with your former spouse or through a court order. If you and your spouse are not in agreement about a change you wish to seek, you can make a motion to the court for a modification.

Yes, it is possible to change the initial terms of a separation agreement if you and your spouse agree to the changes and sign a written agreement to change the terms. If your spouse does not agree to change the terms, you can make a court application to change the separation agreement.

No matter what the circumstances surrounding your separation agreement are, our Toronto separation lawyers can help you make changes when you need to.

Buying property is expensive. Nowadays, many first time buyers are assisted by the kind contribution of parents or in-laws. If someone in your family is generous enough to provide you with funds, make it clear whether these monies are a gift or a loan. It can make a difference down the line if the marriage comes to an end.

Parents will sometimes provide monies to children as a wedding gift, or to assist with the purchase of a home. Frequently, the funds are not characterized in any way, often there is no paperwork signed, and no effort is made to repay the money over the course of the marriage. When the parties separate, however, one spouse or the other may claim the monies were either a gift or a loan, depending on how the nature of the monies would impact the equalization payment and/or other property arrangements. For example, a husband might want to characterize the funds from their in-laws as a gift, such that there is no obligation to repay them. The wife, conversely, might want the money from her parents to be a loan, such that the debt has to be split between the parties and repaid.

If the parties disagree, a hearing will have to be held at separation to determine the nature of the monies. At the hearing, the court or arbitrator will consider the following factors:

• Are there any documents contemporaneous with the provision of the funds?
• Has the manner of repayment been particularized?
• Is there security?
• Were there similar advances made to other children?
• Was there any demand for repayment before the parties separated?
• Has any repayment on account of the monies been made?
• Was there a likelihood or expectation of repayment?

The best approach is to avoid this thorny issue altogether by clarifying the nature of the funds up front. If the money is a gift, have everyone sign a deed of gift. If the money is a loan, a promissory note should be executed and payments made on the note throughout the marriage.

The property equalization scheme in Ontario is called deferred community-of-property regime. This regime entitles both married spouses to equal share of the profits of the marriage. Generally, ownership or interest in a business or corporation forms part of the family assets that is subject to the equalization scheme. However, if a prenuptial or postnuptial agreement excludes these shares, then the stipulations on the contract are to be followed.

While domestic violence is often linked to physical abuse and violent behavior, emotional abuse can also constitute domestic violance. In fact, domestic violence includes a broad range of abuse, such as physical, sexual, psychological, and verbal.

Yes. Being separated or living apart does not mean that you have to be living in separate houses. As long as you sleep in separate bedrooms, no longer engage in sexual relations, and don’t do any chores and activities together, then you can already be considered separated. If you and your spouse eventually get a divorce, the fact of being already “separated” may be harder to prove if you live together in the same house/dwelling.

Deciding whether to live separately is unique to every couple. While living apart may prove simpler for a separating couple emotionally, the financial and practical consequences of doing so may prevent some couples from making the move.

Full disclosure isn’t always helpful, but you should be transparent about everything if you’re discussing your case with your lawyer. Keeping information from your divorce lawyer may even cause a negative outcome to your case. Before deciding to withhold information from your lawyer, bear in mind that your appreciation of a certain information may differ from the appreciation of your lawyer on a legal standpoint.

You can be confident that anything disclosed by you to your divorce lawyer is protected under the solicitor-client privilege.

A common law marriage relationship arises when two people have been living together in a conjugal relationship for three years. If the couple has a child this length of time is cut to one year. Society recognizes this relationship as a marriage for legal and taxation purposes.

There is no hard and fast rule on “good reasons” to relocate. What you should consider is the principle laid out under the Gordon vs. Goertz case. Remember it is not what will make your life easy as the caregiver of your child, rather it should be because relocation is in the best interest of your child. To reiterate, the principle laid down in the Gordon and Goertz case:

1. the existing custody arrangement and relationship between the child and the custodial parent;
2. the existing access arrangement and the relationship between the child and the access parent;
3. the desirability of maximizing contact between the child and both parents;
4. the views of the child;
5. the custodial parent’s reason for moving, only in the exceptional case where it is relevant to that parent’s ability to meet the needs of the child;
6. disruption to the child of a change in custody; and
7. disruption to the child consequent on removal from family, schools, and the community he or she has come to know.

Then, as advised above, it is important to list down the pros and cons (taking into primary consideration the best interest of the child) in relocating. These may include the following:

• Family support
• Lower cost of living
• Better employment opportunities
• Safer neighbourhood
• Higher standards of living
• Better schools
• Proximity to facilities that cater to children with special needs

It is important not to say anything that makes the victim feel like it is their fault or like they could have stopped it if they had done something differently. Do not downplay their story by telling them that many people in their situation have problems. Do not interrogate them as to why they never left the relationship earlier. Do not ask what they did to provoke the abuser or tell them that there are two sides to a story. Saying these types of things will not help the recovery or escape process. You will most likely only be affirming the abuser’s threats and manipulation tactics.

Some of the processes involved in alternative dispute resolution include neutral evaluation, negotiation, conciliation, mediation, and arbitration. Some parties prefer to undergo mediation instead of litigation as its informal alternative.

Some of the benefits of alternative dispute resolution include confidentiality of the terms discussed, reduction of stress involved, the possibility of preserving existing relationships among parties, and significantly lower cost in terms of time and money.

In most cases, domestic violence arises because of the other spouse’s need to control. This is a behavior associated with wanting to exercise power over the other.

There is no specific charge or law for domestic violence in Canada. Domestic or family violence is treated as a crime. Violence related to; neglect of the family, physical, psychological and other forms of abuse merit an equivalent offence under the Canadian Criminal Code.

The cost of obtaining a temporary parenting order will vary from case to case. Contact your family law lawyer for a better sense of possible expenses.

There are three types of decision-making responsibilities: joint, sole, and divided or parallel responsibilities.

Joint decision-making responsibility means that in making important decisions which will affect the welfare of your common child/ren, you and your co-parent must consult and cooperate with each other and agree on the decision. Meanwhile, sole decision-making responsibility means that only one parent makes the decisions.

Finally, the divided or parallel decision-making responsibility means that you and your co-parent are responsible for different decisions. For example, you’re responsible for making decisions about your child’s health, while your co-parent is responsible for your child’s education.

There are three basic types of wills that are valid in Canada:

• Formal will: This is a typewritten will signed by you in the presence of at least two witnesses (who cannot be your beneficiaries or their spouses). It is advisable to have a lawyer prepare this will so that you can avoid potential problems such as improper wording or signing.
• Notarial will: This is similar to a formal wil,l but is only used in Quebec. It is prepared by a notary public and signed before the notary and a witness.
• Holographic will: This is entirely handwritten, dated, and signed by you with no witness involved. Experts discourage this type of will because it is subject to misinterpretation and challenge. In addition, some provinces do not recognize it as a legal document.

You may show that the enrichment to the benefited spouse was done as a gift.

Factors impacting the amount of child support payments include the income of the parents, the number of children involved, as well as the parenting plan and living arrangements of the family and any special expenses associated with the child.

There is fundamentally only one ground for divorce, and that is ‘marital breakdown’.

Marital breakdown can be proven in three ways:

1. You and your spouse have lived separately for a period of one year
2. Your spouse has committed adultery
3. You have been treated with intolerable cruelty (mental or physical) by your spouse

An ordinary power of attorney is only valid as long as the donor can act for him or herself. However, if the donor dies or becomes mentally incapacitated, a power of attorney is invalidated. On the other hand, an enduring power of attorney remains valid despite the donor being mentally incapacitated.

The key purpose of independent legal advice is to provide an objective review of a legal document, confirm a client understands the document properly, and verify a client has not been pressured into signing their document.

Some of the common signs of a narcissistic partner are a grandiose sense of being entitled, over-confident, exaggerating their accomplishments, exploiting others, and not taking responsibility for their actions.

There are five main types of adoption in Canada: adoption via the public welfare system, through a private adoption agency, from another country (international adoption), adoption of your stepchild, and from a birth relative (kinship adoption).

Any asset acquired before or after the marriage does not come under the scope of property that can be divided.

There are several good reasons why you might not be able to attend a court date, such as personal injury. Your lawyer should be contacted immediately to provide specific advice.

Your first action must be to resolve communication issues. This might be a result of a misunderstanding. If communicating doesn’t help, you can talk to a lawyer to clarify the terms of the agreement. If your ex still doesn’t let up, you can ask the court to help enforce the parenting arrangement and/or parenting time order.

If there is a parenting agreement/plan between you and your co-parent, court ordered parenting arrangement, arbitration award, or any document regarding you and your co-parent’s parenting arrangement over your common children, you must check it first and see if there are any provision on how to deal with such “moving away”. If there is such a provision, you and your co-parent must follow the same.

If there is no provision, or worse, if there is no parenting arrangement or the parenting arrangement is informal, you may seek redress from the Courts and oppose the moving away of your co-parent with your common children should you wish to oppose the same.

You must also take into consideration whether or not the “moving away” would have a big impact on your children’s life/welfare. For “moving away” that would have a big impact in your children’s life, this is considered as “relocation”. For this, your consent is needed or if the parenting arrangement comes from a Court order, the moving co-parent must seek approval from the Court and you may oppose the same.

Parents’ separation is not easy for any child, especially if they want to live with the other parent. It’s best to try to understand your child’s situation and, as much as possible, have an amicable conversation with your former partner so that you can both come up with a decision that is best for your child.

Per the new March 2021 changes in the Divorce Act, the term “decision-making responsibility” has replaced the previous term “custody” that was commonly used in divorce and family law cases. It refers to the right and responsibilities of a parent to make decisions for the children that are in their best interests.

A family lawyer advises clients about legal issues arising from marriage, separation, divorce and parenting. This can include parenting arrangements, child support, spousal support, property division, domestic contracts, negotiation and family court proceedings.

When a court grants one spouse the right to remain in or return to the house while the other is barred from entering, the order will generally state that the children are welcome on the premises.

Reasonable access to a child is a parent’s right to visit their child/ren at a given time and to enjoy activities with them. It is also the right of a parent to be free from the control of the other parent during the visitation and spend the entire time allotted to them without any form of intrusion.

Sole custody is where one parent has custody of the child.

That is, they have the right to make the important decisions about the care and upbringing of a child on their own.

Custody normally includes the physical care, control, and upbringing of the child, but does not mean that the child resides with just the custodial parent. The other parent would be allowed access.

Photographs of the scene and injuries, obtaining medical evidence of any injuries, a recording of the emergency response call, and talking to family and friends are all considered essential evidence in a domestic violence case.

The Applicant spouse may obtain a divorce in Canada without the consent of the Respondent spouse if the Applicant can prove the breakdown of the marriage. One-year separation, adultery, and mental cruelty are the grounds for divorce in Canada.

When you die without a will, the intestacy laws of the state where you live will determine how your assets are distributed. Most laws distribute your assets to close relatives like your spouse, parents, and siblings.

If a payor parent fails to make their child support payments, they may be ordered to pay arrears. If you continue to miss your payments, the Family Responsibility Office may issue a writ of seizure and sale against your property or garnish your wages or funds from your bank accounts in an effort to collect what is owed.

In Ontario, both spouses have an equal right to the possession and value of the matrimonial home, no matter whose name the title is in. This is true even if the home was purchased before the marriage or with gifted money.

When you separate, the value of the home will be subject to equalization. Neither spouse can force the other to leave the home or sell the home without a court order or agreement. If you can reach an agreement, one spouse may buy out the other’s share, you may sell the home and split the profit, or come to another mutually satisfactory arrangement.

Yes you can still make a separation agreement even if the decision-making responsibility is not included. You and your spouse can seek the intervention of the Courts to sort out the issue on the decision-making responsibility without affecting the separation agreement.

The Children’s Law Reform Act states: “The court before which an application is brought in respect of custody of or access to a child, by order, may appoint a person who has technical or professional skill to assess and report to the court on the needs of the child and the ability and willingness of the parties or any of them to satisfy the needs of the child.” (s.30) This appointed person is charged with making a custody evaluation.

A custody evaluation is a series of tests and assessments, done by a qualified person, that help the court to come to a decision about with whom the children should reside. Assessments can take a long time, so if an assessment is required, it should be done early in the process to allow the appropriate timelines to continue.

As part of the process of finalizing your separation agreement, you will likely be required to prepare and share a financial statement that discloses information about your income, expenses, property, and debts.

This document will set out your true financial circumstances, which are necessary to determine issues of support, division of property and equalization. It is required that you provide complete information with respect to any income, property, accounts, and debts you may have, whether owned solely in your name or jointly held with others.

A home study is the first step in the adoption process. This process involves the assessment of your skills as a potential adoptive parent, and it is a tool designed to prepare you for the responsibilities of an adoptive parent. You need to finish this process to get your adoption approved.

A joint divorce application occurs when you and your spouse both agree to a divorce and on all other family law matters such as parenting, spousal support, or division of property.

It’s the main legal means of establishing a prospective parent’s parentage of a child so that this relationship can be legally confirmed.

A restraining order in the context of family court is an order that prohibits the contact that one party can have with another. Based on the particulars of a given restraining order, it can prohibit direct and/or indirect contact, and require that the party against whom the restraining order has been taken out maintain a certain physical distance from the other party. In the family law context, a restraining order has to be requested by way of a motion brought at the court. The party seeking the order must provide affidavit evidence to substantiate the need for the restraining order. The party against whom the order is sought must likewise have an opportunity to argue his/her case, and to this end judges will usually ask that a motion for a restraining order be brought with notice to the other party.

If you believe that your restraining order is required immediately, you may bring an urgent, ex parte motion for same (ex parte means that the motion is brought without notice to the other party, who is not served with your motion materials and is not given notice that the motion will even be taking place). Because restraining orders can affect possession of the matrimonial home and parenting time, it is imperative that the party against whom the order is sought have the opportunity to make his or her own case. Accordingly, if a judge grants a restraining order brought on an urgent, ex parte motion, the judge will also order that the motion return in one week’s time so that the party against whom the order has been granted may be properly served with motions materials and have an opportunity to defend the action.

Your separation agreement is a legally binding document made between parties in a marital relationship. It’s something that couples use to formally divide their debts, assets, and other marital responsibilities so that each side experiences a fair separation from the other. While a separation agreement is used when couples know they’re heading for a divorce, couples who want to separate for a while with the aim to reconcile can also use this. It may also include the division of assets and property, alimony, parenting time, and child support.

When informal aid is insufficient, and there is no representation agreement or enduring power of attorney in place, an adult guardian is appointed.

A matrimonial home is defined as any property in which you have an interest and in which you were using as a family residence at the time of separation. More than one home can be considered to be a matrimonial home, including cottages and vacation properties.

Regardless of who owns the home(s), you and your spouse have an equal right to their possession.

Corollary relief is the court making an order about matters other than the divorce itself, including parenting time, decision-making responsibility, and financial support. You’re asking the judge to file for divorce without having a finalized judgment about the other problems, including your parenting, child and spousal support, and marital property division issues. It makes it difficult to accurately determine and predict whether or not corollary relief would be granted.

Generally, the collaborative law process starts when both parties agree to use negotiations and mediations to settle their divorce amicably. This is done so a couple can reach a fair and equitable agreement based on realistic goals and reasonable judgment.

Incapacitation occurs when medical professionals and a court determine that you’re mentally unable to handle your own affairs, such as managing your estate or making choices for yourself.

Canada follows no-fault divorce. Your only ground for a divorce is marriage breakdown. You can show your marriage has broken down if any of the following applies to you:

• Your spouse has committed adultery.
• Your spouse has been mentally or physically abusing you.
• You’ve been living separately for a year or more.

If you file for divorce due to a one-year separation, you can still live together for three months to try to reconcile. If things don’t work out, you can continue with the application as if you had not spent time together.

Child support covers the necessities of the child. It includes the child’s food, clothes, and educational fees.

Open adoption is when the biological mother and the adoptive family exchange information about each other. The amount of information shared between the two parties is discussed, including swapping photos, legal histories, and even visits. This is the opposite of closed adoption, which until recently was the adoption standard.

Mediators and lawyers have different roles. Lawyers represent their clients’ interests and advise them on the best way to present their case. They’ll advise the client on what may happen in court and the chances of success. In contrast, a mediator does not give legal advice and does not represent either side of a dispute, even if the mediator is also a lawyer. In mediation, you speak for yourself rather than having a lawyer speak for you.

A living will deals with end-of-life affairs while you are alive. The will is guaranteed to come into effect some day, while a living will is only there if you need it.

A parenting order is an order outlining important details about parenting arrangements. This is issued by the court.

Meanwhile, a parenting plan points out how co-parents will care for and make important decisions about their children. You and your co-parent will create a parenting plan and then submit the document to the court.

A postnuptial agreement is simply a prenuptial agreement that is entered into after marriage and is usually exactly the same as a prenuptial agreement.

Estate planning is a comprehensive way of planning for the distribution of your estate. Your estate consists of everything you own, such as real estate, cars, bank accounts, investments, and any other assets that make up your net worth. An estate plan may include a will. A will is simply a legal document that sets out a person’s wishes about what will happen to their assets at the end of their life. There are formal legal requirements to formatting a will, and these requirements can change depending on where you live.

Adoption is a lifelong commitment, while foster care is a short-term or temporary arrangement that involves assigning a child to a family while the child’s parents undergo counseling. Even though the primary goal of foster care is to reunite the child with their parents, in some cases, the foster parents may end up adopting the child they have fostered.

Child support is a regular payment made by a parent to support the child and/or the parent with the primary custody of the child.

On the other hand, child custody, now called decision-making responsibility, covers important parenting choices and responsibilities that involve the child’s residence, education, health, language, religion, and culture.

Collaborative law is a type of negotiation wherein the two parties with their lawyers meet face to face, together or separately, to negotiate a solution to the couple’s problems. Meanwhile, mediation is where a neutral third party aids a couple to communicate and find common ground that could solve their problems.

While divorce legally ends and dissolves the marriage, separation does not need a court order to mandate the duties and rights of the separated spouses. Furthermore, separation in Ontario, Canada becomes official when the couple or spouses choose and decide to live apart.

Separation is often defined in Separation Agreements which provides the agreement about the parties’ child support, child custody and access, visitation rights and privileges, spousal support, and division of property, etc. A separation agreement does not need to be issued or mandated by the Courts.

Separation Agreements can be drafted by the parties themselves or with the aid of lawyers, provided that each party to the agreement procured Independent Legal Advice on the agreement prior to signing the same.

Any agreement in relation to the divorce or separation becomes law between the parties after separation or divorce that must be adhered to faithfully. The agreement may be revisited by the parties or through the Courts’ intervention if there arises “variations” or changes in one of the party’s personal circumstances which may affect the child support, spousal support, or division of property.

If you’re facing child support issues, your lawyer might refer to the Federal and/or provincial or territorial guidelines to assess what rules would apply to your situation.

Legal information explains the law and the legal system in general terms and no specific case is addressed in the information. Legal advice applies the law, including statute and case law and legal principles to a particular situation.

A separation involves living apart while intending to end the marriage. Both parties may still reconcile at any time. On the other hand, a divorce is the legal termination of a marriage. Spouses cannot marry anyone else during a separation, but they can after a divorce.

In Canada, parents treat their children with mutual respect and dignity. Parents who spank their children are quite rare, and this often leads to strong relationships between parents and children.

Unjust enrichment is the principle that one party has received a benefit from the other party without paying that party the proper restitution required under the law.

Ontario places great value on maintaining a healthy parent-child relationship. If your co-parent is engaging in parental alienation the court system can subject them to fines or a potential loss of parenting time.

An unfit parent is someone who cannot provide proper care, guidance, or support to their child. A parent is also deemed unfit if there’s proven evidence of abuse, neglect, or substance abuse issues.

A prenup may be invalidated for several reasons. One involves including any unlawful terms in the agreement. For instance, all matters concerning child support and custody in Ontario should follow the guidelines specified in the Ontario Family Law Act. Any part of the agreement that fails to comply may invalidate the prenup. Other reasons include lack of legal counsel before signing, evidence of fraud, and errors in the paperwork.

Home study can be walked through by a provincially approved adoption practitioner. In certain jurisdictions, like Ontario, you can locate one through an adoption agency or on your own. You’ll need an adoption licensee or agency to help you with the legal procedures, depending on which path you select.

You can seek help from a variety of people, organizations, and individuals. An excellent place to start is the Adoption Council of Canada. Also, inquire about what governmental and private adoption agencies, adoption licenses, and adoption practitioners have to offer.

A father has the right to maintain his child and have a relationship with his child regardless of the circumstances.

The things you will need to think about for your Cohabitation Agreement include the property you owned before you moved in together, property you acquire after you move in together, household expenses, Inheritance and Wills, and children.

Here are some important questions to ask your divorce lawyer at the first meeting: What documents do you need from me? Do you have experience with many cases similar to mine? Can you give me an idea of how this divorce process will go? How long will the process of this divorce take? What is the easiest way to resolve this divorce? What financial documentation do I need to collect to ensure that we can manage this separation efficiently? Do we need to take any steps to protect the family property from creditors or from being hidden or wasted by the other party? How much do you anticipate my case will cost? What is your fee structure? How should I contact you?

If the person doesn’t feel comfortable leaving, you can still assist them in developing a safety plan that they can use if the violence occurs again or if they want to escape later. Simply creating a plan can assist them in seeing whatever tasks are required and help them psychologically prepare themselves.

When a court orders alimony, the spouse must pay it. Otherwise, they will have to face consequences. Your lawyer can initiate a contempt of court action in which your former spouse will have the opportunity to defend themselves. Some states also allow income withholding in which funds are automatically withheld from your former spouse’s paycheck.

Parents should prove that a relationship with the grandparent would endanger the child. It might be in the form of health risks, undermining parents’ authority, or even abuse.

Legal separation does not necessarily mean living in separate homes. If you are still sharing living space with your partner or spouse, make sure not to move out of the family home unless it is dangerous. Other things to avoid:

• Saying or doing anything violent or threatening to your spouse or partner
• Involving children in the conflict
• Interfering with established parent-child relationships
• Making any financial moves, such as transferring money in a joint account to a personal account
• Going on social media
• Signing or agreeing to anything without consulting your lawyer
• Making any big-ticket purchases
• Selling property or other assets

Don’t leave a beloved pet and money for its care to a caregiver. This is because the caregiver isn’t mandated by law to use the funds to care for your pet. They could just use the money how they want and leave the pet in a shelter.

You also don’t have to put assets with designated beneficiaries in your will. This is because when you die, those assets will automatically be passed to them without the need for more planning.

Family cases are a form of a civil lawsuit in which matters between or involving spouses, parents, and children are addressed. Family courts deal with a wide range of domestic-related problems.

It depends on when you received the inherited property.

If you received the inherited property prior to the marriage, the value of that property will be based on its value as of the time of the marriage. Thus, if the car that you inherited was valued as $10,000 as of the time of marriage, and at the time of separation the value of that car depreciated to $5,000, the value that will be excluded from the net family assets/property is the $10,000.

If you received the inherited property during the marriage, the value of that inherited property will be based on its value at the time of separation. Thus, if the car that you inherited during the marriage was valued at $10,000 and at the time of separation it depreciated to the value of $5,000, the value that will be excluded from the net family assets/property is the depreciated value of $5,000.

Decision-making responsibility and parenting time were formerly referred to as custody and access, until changes to the Divorce Act were made in 2021. Accordingly, parenting time refers to the time that a child lives with or spends with a parent, while decision-making responsibility refers to the authority that a parent has to make major life choices for a child. This might include medical decisions, education, religion, and more.

Generally, the difference between split and shared parenting time is the number of children involved. When it comes to shared parenting time, which can involve one or multiple children, the child(ren) spend at least 40% of their time with each parent.

For split parenting time, each parent will spend the majority of their time (>60%) with at least one of their children, when multiple children exist.

The Federal Child Support Guidelines are in place to dictate a fair amount of child support, and generally courts are inclined to follow the guidelines strictly. The guidelines employ a mathematical formula taking into consideration the support paying parent’s annual income and the number of children and provide an amount. The general rule is that the guidelines should be adhered to. There are a few circumstances, however, which permit a court to deviate from the Child Support Guidelines. Examples are as follows:

• Where the person seeking child support is not a biological parent but rather one who stands in place of a parent. This means that a divorcing step parent could be ordered to pay child support to his or her step-children if that spouse stood in the place of a parent during the marriage. According to the Divorce Act, a spouse “stands in place of a parent” when his or her conduct manifests an intention of placing himself or herself in the situation ordinarily occupied by the biological parent by assuming the responsibility of providing for the child’s economic and parenting needs. Courts will look at a variety of factors before making this determination.
• Where the child is over the provincial age of majority. This is determined by the laws of the province where the child ordinarily resides. If the child ordinarily resides outside of Canada, the age of majority is eighteen years of age.
• Where the support paying parent earns an income of more than $150,000. In cases where the paying spouse makes more than $150,000 per year, he or she will be ordered to pay the guideline amount for the first $150,000, and the court has discretion whether to impose a higher amount in child support due to the income earned in exess of $150,000.
• In split custody arrangements whereby each parent has custody of one or more of the children. Where split custody exists, the amount of child support is determined by calculating the difference between the amount that each would otherwise pay if a child support order were sought against each of them. In situations where parents earn roughly the same income and each is responsible for the support of a child of the marriage, the court can decline to make any order for child support.
• In shared custody or access arrangements where a child spends at least 40 percent of the year with each parent. If shared custody is established, then the court is permitted to deviate from the regular guidelines. Section 9 of the Federal Child Support Guidelines addresses this situation and provides that the court should consider the guidelines amount, in addition to the increased costs of shared custody, and the conditions, means, needs and other circumstances of each spouse and of the children. Section 9 promotes flexibility and fairness and leaves discretion with the judge to consider the circumstances.
• Where undue hardship arises and the household income of the party asserting undue hardship does not exceed that of the other household. Simply showing it will be hard to make the payments won’t suffice; to meet this standard you must show that the hardship caused by the payments will by excessive, extreme, improper, unreasonable or unjustified.

For help navigating your child support obligations and/or entitlements, please contact us.

If the contract is signed before the marriage ceremony, it becomes effective as soon as the couple is legally wed. If it is signed after the wedding, it could be effective immediately.

In Canada, you’re obliged to pay for child support until the dependent reaches the age of 18 or until the child becomes independent or feels that they have reached a sense of maturity.

A prenuptial agreement is a marriage or domestic contract made prior to the marriage. Prenuptial agreements are primarily common among couples (either one or both parties) who have accumulated a substantial fortune or assets before entering into a marriage.

That depends on the circumstances. The process of drafting the prenup typically takes two to three weeks. However, the process might take longer for couples with significant assets and debts, businesses, and children from prior marriages.

You should write a will as soon as you have children or assets, even if their value is modest. Your estate will be less complicated for your loved ones to manage, and, above all, you will be the one to decide how your wealth will be shared.  It’s also important to note that you may need to change your will if your circumstances change due to marriage, re-marriage, separation, divorce, birth or adoption, death of a spouse, or death of an executor.

It’s recommended to seek the help of a family lawyer if you and your family are facing legal disputes that you can’t settle on your own. However, it is never too early to have a family lawyer especially if you are contemplating marrying in the future.

To protect the best interests of the children, to prevent another parent from moving away with the child until court proceedings have ended, or if your former spouse is threatening to limit your access to the children.

The parent that is most capable of caring for the child and providing for their needs has better chances of getting decision-making responsibility.

According to statistics, Ontario has the highest count of domestic violence. As of July 2021, 5,892 men are victims of domestic violence, while 24,293 are women.

A batterer is someone who physically abuses a kid, another person, or a spouse.

To apply to be a guardian, you must be 18 years old or older, legally consent to be a guardian, and consider the other parties’ opinions and desires. You must file paperwork with the court and go through a series of processes leading up to a court hearing to become a guardian. You don’t need to hire a lawyer in most cases. However, filling out court paperwork and “giving notice” to all relatives takes a significant amount of time and effort.

Call the other parent or guardian and document any conversation you may have. Note down when the other parent or guardian began to be unreachable. You can also try reporting your missing child to MissingKids.ca. On no account should you post anything on social media or talk to news media without first consulting the police. That can do more harm than good to your child.

Both spouses will usually have equal rights to the family home after the divorce unless the court decides otherwise. You can then decide whether to sell the house or keep it.

This might help you avoid running out of money throughout your elderly years and act as financial security for your child/ren. Your investing plan can help you determine how much risk you should accept and how much money you can safely withdraw from your account.

No. Generally speaking, when a person dies, the personal representative appointed in the dead person’s last will and testament takes control of the deceased person’s property and distributes it according to the will.

It is not uncommon for someone to want to relocate after a divorce. If you still live in the marital residence, the familiar surroundings and memories may be too much for your heart to handle. Or in the process of reinventing yourself post-divorce you may want to take a new job, move closer to your friends and family, or simply wish to start fresh somewhere new. There are many reasons a person may want to move after going through a divorce, however if you have children you will need to think twice before making a big move.

Emotionally, it can be challenging for a child to move to an unfamiliar place. Often, they are most at ease in a familiar environment with access to family and friends. Changing schools, living in a new city or even a new house can be difficult on a child, especially after dealing with the emotional turmoil associated with divorce.

Legally, there are certain implications to relocating away from the current jurisdiction where the children ordinarily reside. Before moving you and the noncustodial parent can negotiate with the absence of a lawyer, a written agreement about the moce and any changes to visitation that may be needed. If you cannot reach an agreement about the move, you then must file an Application/Motion to the court to hear your matter and for a judge to make a decision before you move. Usually the court requires at least 30 days notice to the other parent of your court Application/Motion. It may take longer to reach an agreement with the other parent or get a court order. It is a good idea to give notice of 90 days before the move, as as soon as possible and to consult with a lawyer first. Upon receiving this notice, they can challenge your proposed change of residence or apply for a variation to the existing custody or access orders.

The leading case that sets out the legal test in determining mobility is Gordon vs. Goertz (1996) 2. S.C.R. 27

Similar to any other action involving variation of an existing custody order, the person challenging the relocation has to show that the move will result in a material change in circumstances affecting the child. Once this has been established, a judge will determine the best interests of the child in light of the relevant circumstances. These relevant circumstances include the existing custody and access relationship, the relationship between the child and the custodial parent, the views of the child, and the reason for the proposed change of residence among other circumstances. As with every other custody proceeding, the judges determination will turn on the best interests of the child. The judge’s inquiry is individualized and will involve all factors relevant to the case at hand.

Because mobility has become so easy in today’s society, often separation agreements or custody orders will address relocation and place specific restrictions on changing residences. Non-removal clauses that ban the extra-provincial removal of children without consent of the noncustodial parent. In these cases, the custodial parent who wishes to relocate will have to initiate the action by placing an application with the court.

If you are contemplating a move, you must consider the emotional needs of your child, as well as your former spouse’s right to challenge your relocation. Typically, courts only allow a custodial parent to relocate if the proposed move is in good faith and not intended to frustrate the noncustodial parent’s relationship with the child. Additionally, if a custodial parent relocates, they must be willing to accommodate the noncustodial parent’s access to the child; sometimes this means that the relocating parent will have to pay the additional costs of access.

In sum, if you are a custodial parent, moving isn’t as easy as just loading up the car and hitting the road – but it is still possible.