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Separation. Divorce. Child Custody and Access. Child Support. Spousal Support. Division of Property and Assets.

With domestic violence or assault allegations we largely leave the area of Family Law and enter the area of Criminal Law. In relation to Family Law, domestic abuse can affect divorce proceedings as follows: more

Where children will spend the holidays can be a common source of conflict between former spouses. It is important to make a parenting plan, a written document that outlines how parents will raise their child after separation or divorce. Within the plan, you can set a schedule of times each parent will spend with the child, including how the regular schedule will change when there is a holiday or special day. You can specify arrangements for statutory holidays, religious holidays, school holidays, summer vacations and other significant days. more

Divorce can be confusing, stressful, and sad for children. The following are some pointers for fathers as they break the news to their children and help them adjust and cope: more

The matrimonial home, or family home, is afforded special treatment under Ontario’s Family Law Act. If married, both parties to the marriage have the right to possess or live in the matrimonial home. Regardless of whether one spouse or both spouses jointly own the matrimonial home, neither party can sell nor dispose of the property without the express written consent of the other or a court order. As such, when separating or divorcing, the legal owner of the matrimonial home cannot force the other party to move out. The legal owner also cannot change the locks, sublet, rent, mortgage, or sell the home without the other party’s permission. more

Litigated divorces can often be lengthy, costly and full of conflict. There are many alternatives to litigation during a divorce that are less costly and often quicker than family law litigation. The three most common forms of Alternative Dispute Resolution in family law are Meditation, Arbitration, and Collaborative Family Law. more

Disrupting the Financial Status Quo

Regardless of whether your spouse is financially independent, it is crucial that you act reasonably when it comes to sharing resources. Do not deplete joint bank accounts or abuse joint credit accounts; this can be deemed to be “unconscionable” and could result in punitive measures. Do not dispose of any property or assets, or attempt to change ownership on any assets; this could damage your credibility and affect how property is divided. Do not make any large purchases until you have signed a separation agreement or court order; this can be used to demonstrate that you are frivolous or attempting to reduce your personal worth, and may impact your overall financial obligations. more

A non-custodial parent may be required to financially contribute to their child’s post-secondary education and any other related expenses.

Pursuant to section 7 of the mandatory Child Support Guidelines (CSG), a court may order child support that is higher than the table amount if there are special or extraordinary expenses.  more

Common-law couples do not have the same rights as married spouses when it comes to division of property upon the breakdown of the relationship. A breakdown of a marriage results in equalization of property, under the premise that each spouse has contributed to the partnership.  more

The family justice system in Ontario is traditionally adversarial in nature. However, the divorce process does not have to be full of conflict. There are some methods to reduce the conflict in a divorce: more

You should not refuse to talk with a child protection worker if they show up at your door. Refusing to talk will make it look like you have something to hide. You do not have the right to remain silent unless you are facing criminal charges. more