When a relationship breaks down, property and/or support issues come into play. When they do, you could very well be confronted with a document called a Financial Statement. Actually, there are two Financial Statements, Form 13.1 and Form 13.
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Form 13.1 deals with both property and support claims; Form 13 deals solely with support claims. If you have to go to court to deal with property and/or support, you most certainly will have to fill out a Financial Statement. Even if you are choosing a more non-adversarial approach, such as mediation, your mediator will probably require both parties to fill out a Financial Statement. At first glance, these Financial Statements appear quite daunting. This memo, with a focus on the Form 13.1, is intended to help you tackle your Financial Statement. I will also address common errors made by people when preparing their Financial Statements.
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There are two parts to a Financial Statement: the first part deals with income and expenses, which is relevant to the support issues; the second part deals with assets and debts, which is relevant to the property issues. .

If you have not already read my first instalment/blog on addictions, I encourage you to do so.
In this blog, I talk more about the legal problems you will likely encounter if you are separating from your spouse, you have children, and you are in the throes of an addiction. 
Let’s be honest: if are struggling with a serious addiction, can you be certain you can be entirely trusted if the children are left solely in your care?  If you answered “yes, I can be trusted", you might be in 'denial' mode –a very common defense mechanism used by addicts to hide their addiction from themselves and others.  If your estranged spouse were asked the same question, the response would most likely be, "No way!"   And If a court was asked this question, the judge would also likely say ‘No’, particularly since Courts like to err on the side of caution when dealing with children. 
When faced with a parent who is abusing a substance--whether it be alcohol or another drug--a Court will probably order 'supervised access' until your spouse or the Court (or both) are reassured that you have acknowledged your problem and have sought treatment.  

Had I become a criminal lawyer, I would have expected to come across the issue of addiction regularly.  The majority of crimes committed in our society are fueled by drugs, alcohol and/or mental health issues (addiction, for that matter, is a type of mental health issue).   It never ceases to amaze me, however, how often as a family lawyer I encounter family constellations torn apart and lives ruined by addictions—primarily alcohol. 

Booze is such an integral part of our society.  One is continually bombarded by advertisements brainwashing us into believing alcohol is the panacea to all life’s woes.  Self-actualization can only be achieved if you drink a certain type of scotch, wine, vodka, etc.  Beer drinkers, rejoice: pick up a Budweiser, and your bacchanalian revelries will be further enhanced by a multitude of attractive scantily clad women vying for your affections. 

For most of the population, a beer or two at the pub or on a hot day is great; a nice glass of wine or two at dinner (red for beef, white for fish, of course) complements a fine meal.  But for many, alcohol can be destructive.  For example, did you know that the number one cause of visits to emergency wards are alcohol related or that the second biggest cause of death (after tobacco) is related, directly or indirectly, to alcohol.
  
Since alcohol is so socially accepted, one tends to forget that it is a powerful drug.  For those who are genetically predisposed to becoming addicted, it can become a deadly drug.  And it creeps up on you insidiously.  Keep in mind that alcohol is a depressant; it also causes anxiety in the long term.  One of life’s big ironies is that so many people attempt to self-medicate their depression or anxiety with alcohol which only exacerbates the problems, which leads people to drink or use more—a vicious downward spiral.
Denial is huge when it comes to addictions.  People will not accept that they no longer control the substance, but that the substance controls them.  Most people feel that through sheer will power, they can get on top of the problem.  More often than not they are sadly mistaken.  Addiction is a progressive disease and denial has led many people to the grave.  

In my experience as a family lawyer, I would say that one out of ten relationships have fallen due to substance abuse.  A very sad statistic.

If you feel that you might have or might be developing a substance abuse problem, ask yourself these questions:

1. Do you often go through your day preoccupied with thoughts about when you will be able to drink (or use whatever substance it is you use) again?
   
2. Has anybody ever commented on how much you drink or use?  Has your spouse ever complained about how much you use? 
   
3. Have you ever set yourself limits about how much you would imbibe on any given night and not kept to the self-imposed limit?
   
4. Do you feel your quality of life is negatively impacted by your use or that you could function better if you didn’t you use as much as you do?  
   
5. Do you ever feel sick and tired of being sick and tired?
   
6. Have you ever been concerned that you might have a problem?  (if the answer to this question is ‘yes’, you most likely have a problem.) 
   

On a good note, there is help out there.  If you have concerns and want more information, a good starting point would be the Ottawa Addictions Access and Referral Services:  613-241-5202.

There are also new prescription drugs on the market now that help curve cravings.
On another good note, for those that do find themselves in the throes of this terrible disease, there is reason for hope.  Recovery is a slow and at times difficult process, but it is possible with help.  The rewards of a clean sober life far outweigh the high cost of low living.  You will be a much happier person:  self-loathing will dissipate; you will be more connected to your family and friends; you will find yourself leading a more constructive, fulfilling and meaningful life.

In a nutshell, Elder Law deals with protecting the rights of elderly people. Elder Law is a complex field dealing with many different statutes and regulations. Furthermore, there are potentially a plethora of situations wherein elderly people might feel their rights have been infringed and require protection. Just for example:

• They are the victim of 'elder abuse' at the hands of either family members, friends or strangers. Abuse can be not only physical but psychological or financial in nature;
• There has been a misuse of an elder's power of attorney, or an elder has been unduly influenced or pressured to designate someone as a power of attorney;
• There has been undue pressure or influence placed on an elder with respect to the elder's will;
• There is an issue as to the elder's 'capacity' to create a will or powers of attorney;
• An elder's rights, as outlined in the Long-Term Care Homes Act, are being infringed by the care facility in which the elder resides.
  

Elder Law is a burgeoning field. This is not surprising given the demographics of our society. As our society ages, elder law issues—e.g. misuse of powers of attorney, undue influence with respect to wills and powers of attorney, long-term care arrangements, etc.—will proliferate. This area of law will also take on increased prominence as we as a society change our thinking about the elderly. As a society, we must think of the aged as an asset as opposed to a liability. We must respect and admire the wisdom that only life experience can bring. At the same time, we must think of old age—and as corollary, the infirmities often accompanying old age—in terms of a disability and accord to older people the same reasonable accommodations we do for other disabilities.

​Dear friends, former and current clients, and colleagues:

In an effort to better serve an ever increasing clientele, I will be moving offices as of February 1st, 2016. My new coordinates will be:

Cohen & Family Law
90 Centrepointe Drive
Ottawa, Ontario, K2G 6B1

Tel: 613-228-0786
Fax: 613-228-1666
My email address will remain the same:

While the office’s primary area will be that of family law, the practice is expanding to include Wills and Estates and Elder Law. To my current clients, I look forward to continuing serving you at my new location.  To my former clients, please do not hesitate to contact me at my new coordinates if you find you require my services in the future.

Warmest regards,
Blake Family Law