Divorce
Overiding principle: separation of at least one year
A simple divorce is precisely that--simple. In Canada, the only legal reason you need for a divorce is ‘marriage breakdown’. The law recognizes that there has been a marriage breakdown if the two parties have been separated for at least a year. Separation arises when one, or both parties for that matter, has decided that the marriage is over and there is no chance of reconciliation. What can make a divorce complicated are the 'corollary' issues--i.e. issues dealing with property, custody and access, child support and spousal suppport.
How do I become legally separated?
There is no ‘legal separation’ in Ontario. For example, you cannot come to court for a ‘Separation Certificate’. When one party to a relationship decides the relationship is over and there is no chance of reconciliation, this is considered to be the separation date. Under certain circumstances, parties can be considered separated even if they continue to live under the same roof.
Generally speaking, the date of separation is of little consequence unless there is a serious disagreement of many months or years as to the date of separation; or unless one is dealing with property that fluctuates in value significantly over a short period of time (for example, volatile stocks).
Common-Law Relationships
When two people, either of the same sex or the opposite sex, live together in a marriage-like relationship without being legally married to each other, they are often referred to as living 'common-law'. Under Ontario family law, one can be considered common law if one has been living with a partner for at least three years, or if one is in a relationship of 'some permanence' if children are involved.
Family law in Ontario treats opposite-sex and same-sex common law couples equally: both are accorded the same rights; both have the same responsibilities.
The property provisions of the Family Law Act do not apply to common-law couples, at this time. In other words, the Family Law Act does not accord common-law couples the same rights and protection vis-à-vis property, as it does for married couples. This being said, there are possible equitable remedies available to common-law spouses with respect to property in the forms of constructive and/or resulting trusts, or through the newly developed concept of 'joint family venture'. This is a complicated area of law, however, and people would be well advised to seek the advice of a family lawyer, if they find themselves in this type of scenario.
Custody & Access
Overriding principle: best interests of the children
What is Custody?
Succinctly stated, custody is decision-making authority: the right to make the important decisions about the care and upbringing of a child--e.g. the child's religion, schooling and medical treatment. If the parents disagree about what is best for the child, it is the parent with custody who gets to make the final decision. In addition to decision-making, custody normally includes the physical care and control of the child.
What is Access?
Access is the right of a child to spend time with the parent who does not live with him or her. It may also be referred to as parenting time. Access arrangements differ depending on the circumstances of the parents and children, such as a child's age. Courts consider a child benefits from contact with both parents, unless something might put the child at risk, such as physical abuse. A parent with access is entitled to information about the child's health, welfare and education, unless the Court orders otherwise.
What is joint custody?
Joint custody means that both parents share in the decision-making process. For joint custody to work, the parents must be able to communicate and cooperate, at the very least with respect to those important decisions pertaining to the children. The courts start from the premise that both parties should be involved as much as possible with their children, and that joint custody is an arrangement to which to aspire.
This being said, however, a court is reluctant to order joint custody if the parents are constantly at each other's throats. How could joint custody possibly work if the parents refuse to even speak to each other?
What is shared custody?
Shared custody speaks not only of decision-making authority. It also refers to the time the child spends with each parent. Shared custody implies joint custody. But in a shared custodial arrangement, the child lives roughly half of his/her time with each parent. Shared custody could have an impact on the child support obligations of the parents. Please see Child Support
FAQs about Custody and Access
1. What are my responsibilities if I have custody of my children?
If you and your spouse agree that you should have custody of the children, or if the judge decides that you should have custody, you have the responsibility for making the major decisions about your children's upbringing and schooling. The children will usually live with you most of the time. In most cases, the other parent still has responsibility to care for the children some of the time. Remember, the law says that there should be as much contact as possible with both parents as is best for the children.
2. I don't have custody. Can I still spend time with my children?
Generally, the parent who does not have custody of the children still has responsibility to spend time with them. If you cannot agree on these access arrangements, the court will decide for you. A parent with access usually spends time with the children, such as on a weekday evening, on weekends and on holidays, and may ask for information about the children—news about their health and well-being and about how they are doing at school. As a parent with access responsibilities, you can ask the court to order the other parent to give you advance notice if the custodial parent intends to move the children to another home.
3. Do I have to use the terms “custody” and “access” when deciding upon parenting arrangements?
The Divorce Act uses these terms, but this does not limit the types of parenting arrangements that may be included in written agreements or legal documents. Other words or descriptions can also be used to set out parenting roles and responsibilities.
4. At what age can my children decide where they want to live?
There is no magic/set age at which a child has the right to decide where he or she is going to live. The court gives more weight to the child's wishes as the child matures.
Child Support
Overriding principle: the Child Support Guidelines
How is the amount of child support determined?
After separation, both parents have a legal duty to support their children financially.
Once you have worked out the residential arrangements for your children, you will need to look at the payment of child support. Generally speaking, people who break up can make whatever arrangements they like. The exception to this is child support. For example, if you are separated from your spouse and are seeking a divorce, the court must be satisfied that proper financial arrangements have been made for the children; otherwise a court is legally compelled to deny a divorce. If child support is not being paid in at least the Guideline Table amount, there must be a good reason why not.
What are the Child Support Guidelines?
In May of 1997, the legislature implemented the Child Support Guidelines. This was an attempt to simplify the child support issue. And relatively speaking, the child support issue has been somewhat simplified.
After separation, if a child of the relationship lives primarily with one parent—which is to say at least 60% of the time—the other parent must pay child support. This is an obligation that does not depend on the primary parent's income, even if the primary parent is better off financially than the parent required to pay support.
You will use a set of rules called the Child Support Guidelines to help you calculate the amount of child support. The federal and provincial governments have produced 'Tables' to determine the appropriate level of child support. There is a different table for each province and territory. If both parents live in Ontario, the Ontario table applies. Also, if the paying parent lives outside of Canada and the parent with custody lives in Ontario, the Ontario table applies. But if the paying parent lives in another province, the table for that province is the one that applies.
Child support is not tax deductible for the payor spouse, and the recipient spouse does not have declare the amount received for tax purposes.
Shared Parenting
Shared parenting refers to a situation where the children live with each parent approximately one half of the time; or at the very least over 40 percent of the time. Section 9 of the Children Support Guidelines addresses how child support should be apportioned in a shared parenting scenario.
S.7 Special Expenses
The 'table' amount of support is the starting point. This amount contemplates a contribution towards feeding and clothing the children, and a contribution towards the roof over the children's heads. In addition to the support amount set out in the table, parents who pay support may be required to contribute towards certain added expenses. These expenses could include:
- the cost of child care needed for the parent with custody to work or go to school or because of that parent's health needs;
- medical and dental insurance premiums for the child;
- health-related expenses for the child, such as orthodontic, prescription drug, therapy or hearing aid costs;
- special expenses for a school or educational program to meet the child's particular needs;
- expenses for post-secondary education for the child; and
- in certain cases, 'extraordinary' expenses for the child's extracurricular activities.
These special expenses are shared between both parents in an amount proportionate to their respective incomes. Generally speaking, a parent should not incur a special expense for a child, for which s/he expects a proportionate contribution from the other parent, without first consulting with the other parent and obtaining the other parent's consent, such consent not to be unreasonably withheld.
Undue Hardship
In some circumstances, a parent might argue that she/he should pay less than the table amount of support on the grounds of undue hardship. Section 10 of the Child Support Guidelines enumerates certain examples that could result in undue hardship. For example, the parent paying the child support perhaps suffers from 'undue hardship' because she/he is supporting a new family with new dependents.
Persuading a court to order less than the Table amount of child support is difficult. Courts are reluctant to make a finding of undue hardship. Furthermore, the undue hardship test is two-tiered. Even if a court concludes there might be hardship, the court must then compare standards of living of the two parents' households. If the payor's standard of living is still comparable or better than the recipient's household, the undue hardship claim will fail.
If you believe you might be in a position to pursue an undue hardship claim, you might well advised to seek the assistance of a family lawyer.
Spousal Support
Overriding principles: compensation, needs and means, promoting self sufficiency where possible
How is spousal support decided?
During a relationship, whether marriage or common-law, spouses usually share their love, their time and their income. They both invest in their life together. But unlike an investment with a bank that pays a given amount of interest, an investment in a life together is difficult to add up and then divide.
For example, you may have worked and paid all the bills. Maybe you worked while your spouse trained to get a better job. Or you may have helped in your spouse's business. Often, a spouse gives up a job so that he or she can stay home, manage the household, and care for the children. These contributions to a relationship all have value. The Divorce Act, and the Ontario Family Law Act sets out factors and goals to be considered when determining if one spouse should pay the other spouse financial support after the end of a relationship.
Some of the Factors considered:
- How long did you live together?
- What was your role in the marriage?
- Who is living with the children?
Some of the Goals considered:
- Compensation: Spousal support should give value to contributions made during the relationship. If one spouse has benefited financially from contributions made by the other spouse, and this other spouse has been economically disadvantaged by these contributions and the role assumed during the relationship, s/he should be compensated.
- Needs and means: After a relationship is over, particularly a relationship of significant duration, a spouse should not suffer undue economic hardship. Spousal support awards should provide both spouses with comparable standards of living.
- Self Sufficiency: Spousal support should help each spouse become economically independent within a reasonable amount of time, when practicable to do so. After a relationship of considerable length, however, economic independence is often not very practicable.
It should be noted that 'fault' 'blame' do not enter into the equation when determining spousal support: the reasons your marriage ended have nothing to do with your financial obligations to each other after a divorce. The law states clearly that the court, in most circumstances, will not consider the behavior or misconduct of either spouse in deciding on support payments.
A judge can order one spouse to pay spousal support to the other for a particular amount of time or indefinitely. One must realize that 'indefinitely' does not necessarily mean forever. When there has been a ‘material change of circumstances’, a party can apply for a Motion to Vary(also referred to as a Motion to Change). A change of circumstances could include a change in either the payor's or recipient's income, or a change in a party's relationship status. For example, if you are paying spousal support to an ex-spouse who has started living in a common-law relationship with a wealthy individual, the issue of spousal support should be revisited. If you feel there has been a material change of circumstances warranting a change in the amount of support being paid, you would be well advised to seek out the assistance of a family lawyer.
There is usually no simple answer as to how much spousal support a person will have to pay. It will depend on the income of both parties, and the standards of living of both parties' households. As mentioned, there are many factors and goals the Courts have to observe when determining quantum and duration of spousal support. Generally speaking the Courts do not like to see a huge disparity in income levels and standards of living between two separated spouses, particularly after a long-term relationship and when children have been involved. Spousal support will often be awarded in an amount that provides both ex-spouses with comparable levels of net disposable income.
Recently, 'Spousal Support Advisory Guidelines' have been developed. These Guidelines (SSAGs) have been of much assistance in assisting family lawyers and the judiciary in creating a range for spousal support awards, both with respect to quantum and duration. It is important to note, however, that these Guidelines are precisely that—Guidelines. The Court retains the discretion to award an amount and duration of spousal support outside the range generated by the SSAGs.
In short, spousal support can prove to be a difficult and heavily litigated area of family law. If you are dealing with the issue of spousal support, you would be well advised to consult with a family lawyer or family mediator.
Property Division
Overriding principle: value of the property of the marriage is shared 50/50
How do we divide up our property?
The Divorce Act does not deal with sharing your property or debts. Each province and territory has its own laws that set out the rules for dividing the property and debts you and your spouse have. In Ontario, the law dealing with property applies only to married spouses.
"Property" includes such things as the home you and your spouse shared, its contents, any other real estate, pensions from employment, Canada Pension Plan credits, RRSP.s, investments, bank accounts and cash. Debts include such things as amounts you owe on your credit cards, your mortgage, and any loans you have. It is very important that the property and the debts of the marriage are accurately valued. One would also be well advised to receive legal advice on property division.
One starts from the premise that marriage is a partnership of equals. This being the case, parties should share equally in the property of the marriage—i.e. property minus debts from the date of the marriage to the date of separation. In Ontario, family law does not affect property law. In other words, property itself does not change hands upon the dissolution of the marriage. If you own a cottage, entirely in your name, for example, this property remains under your name. Rather, the property provisions of the Ontario Family Law Act calls for an equalization of the 'wealth' of the marriage. In other words, it is not the property per se that must be divided equally, but the value of this property. Upon the property of the marriage being equalized, both parties are supposed to have the same 'net family worth'.
There are some exceptions to the general rule. For example, there are possibly exclusions and deductions for property—i.e. amounts that you do not have to include in your net family worth—such as property owned prior to marriage, gifts from third parties or inheritances received during the marriage. There is also the issue of the matrimonial home that can at times prove troublesome. Finally, the Court does retain the discretion to award a spouse an amount that is more or less than half the difference between the net family properties, under certain circumstances.
One would be well advised to seek the advice of a family lawyer or family mediator if property division is an issue. It might also be prudent to consider a domestic agreement or marriage contract if one is bringing a valuable piece of property into the marriage, one that is likely to be used as the matrimonial home.
Common law spouses and property
The property provisions of the Family Law Act only apply to married couples (both opposite sex and same sex). These provisions do not apply to common-law couples. This outdated aspect of the law can lead to some very unfair results for common-law couples, although other recourse may be available (for example, via a resulting and/or resulting trust claim, or through the relatively new legal construct of 'joint family venture'). This is a complicated area of law, and one would be well advised to consult with a family lawyer if one believes one has a potential claim.
Family Responsibility Office
The role of the Family Responsibility Office (FRO) is to enforce court orders, or court filed agreements, for child and spousal support by ensuring that support payments flow properly from payors to recipients. FRO has the legal authority to take enforcement action against those who do not meet their family responsibilities. FRO also enforces private written agreements such as separation agreements, domestic contracts and paternity agreements.
It’s important to note that FRO only enforces those provisions of an order or agreement dealing with support. FRO does not become involved in child custody or access issues.
The Family Responsibility Office is a necessary evil. There are certainly cases where a ‘deadbeat’ parent refuses to pay support, and the Family Responsibility Office has considerable power to enforce support obligations.
If possible, parties should avoid the Family Responsibility Office. FRO is a huge bureaucratic machine. It has over 400,000 files, it receives over 3,000 faxes and letters a day and thousands of telephone calls. FRO just does not have adequate resources to deal with the huge volume of work. Consequently, dealing with FRO can be onerous for both payors and recipients alike.
Furthermore, FRO can only enforce the order or agreement on file. It cannot take into account changes in circumstances for the payor or the recipient. FRO will continue to enforce the order on file until a party successfully changes the Order through a ‘Motion to Vary’ or unless the parties agree to sign a ‘Notice of Withdrawal’ from FRO.
Depending on one’s circumstances, and the dynamic between the two ex-spouses, it could be worthwhile to consider withdrawing from FRO. Recipient spouses can take comfort from the following: If a recipient spouse agrees to withdraw an order from FRO enforcement, only to find that the payor spouse proves to be unreliable and irresponsible vis-à-vis support payments, she/he can always reactivate the order with FRO for a modest charge of $50.00.
Motions to Vary
(changing previous Orders or Agreements dealing with support or custody and access issues)
Life is about change. Financial circumstances change. Children change as they grow older. One may negotiate a ‘final’ separation agreement, or one may obtain a ‘final’ order from the court. This finality can often be transient; support or custodial issues may have to be re-addressed to reflect a change in circumstances. And an individual may have to return to court to vary a previous final order or agreement. This proceeding is referred to as a ‘motion to vary’. With respect to support issues, the Family Responsibility Office requires a payor spouse to commence a motion to vary and obtain a new court Order (or new agreement); otherwise, F.R.O. will continue to enforce the previous Order or agreement, notwithstanding the demonstrable changes in the payor’s financial circumstances.
Procedurally, motions to vary are complex. One might be well advised to retain the services of a lawyer to assist in the motion to vary process. Even if you cannot afford a lawyer to represent you throughout the motion to vary proceedings, you might be able to find a lawyer who, at a reduced amount, will assist you to properly prepare the necessary court documents. Unfortunately, Legal Aid Ontario will seldom issue a legal aid certificate to assist people in a motion to vary. Legal Aid will not cover motions to vary support obligations, and only in rare circumstances will it cover motions to vary custodial arrangements for the children.
Children's Aid Society
The C.A.S. is obligated to investigate reported situations in which a child or youth may be in need of protection. These are situations where a person has reasonable grounds to suspect that the actions, or lack of actions, of a parent or caregiver caused harm or created a risk of harm to a child or youth under sixteen (16) years of age.
The investigative process determines if protection is needed.
Where protection is needed, the C.A.S. offers services to the family to assist the parents in ensuring that the children receive safe and nurturing care at home. Wherever possible, the ability of a family to provide a children with effective parenting as well as safe, secure and permanent relationships is the desired outcome.
When services cannot protect children at home, the C.A.S. considers alternative placements. This can include family members or someone the child knows very well.
The C.A.S. is a powerful organization. Its mandate is to heIp children who are deemed 'in need of protection'. The Society will attempt to work with a parent (or family) in an effort to ensure that your children have the necessary safeguards in place. This being said, however, the C.A.S. could literally take your child/children away from you in certain circumstances. If for whatever reason the C.A.S. has become involved in your life, you would be well advised to seek the assistance of a lawyer. Make sure that the lawyer you choose has the experience and expertise to deal with the Children's Aid Society.
Court Process
The court process can be slow and arduous. There are many stages, and much time to wait between these stages.
Case Conference
The Case Conference is the first time the parties are in front of a judge. This is a relatively informal stage--a recent development aimed at making the family law process less adversarial. One can discuss the issues in front of a judge. The judge will attempt to assist the parties to settle some if not all of the issues. The judge might give her/his opinion as to the most likely outcome if the parties choose to continue down the litigation route. Generally speaking, the judge will not make any orders unless the order is on consent of both parties. The exception to this is disclosure. For example: if the issue is child support, a judge will order financial disclosure—income tax returns, recent pay stubs, possibly bank and credit card statements etc. Unless it is a case of urgency, a Case Conference is a necessary step prior to bringing a motion.Motion
The step where a person is looking for temporary relief: for example, interim child custody or support. A court will make an Order at this stage. This is where the cost consequences of an unsuccessful verdict should be kept in mind. If the judge orders more in favour of what the opposite side proposes, you could be responsible for a portion of the other party’s legal costs. The evidence at a motion usually consists of affidavit (sworn statement) evidence.Settlement Conference
Similar to a Case Conference. A judge again attempts to assist the parties in coming to a mutually acceptable compromise, without going to a full-fledged trial. The judge will encourage parties to settle, often by forecasting the most likely outcome if the matter proceeds to trial. • Trial Management Conference At this point, a trial appears unavoidable. The court tries to ascertain how many days will be required for the trial-- how much evidence, how many witnesses etc.Trial
The final step. A trial can last days, if not weeks. Evidence is introduced, and witnesses are heard. There is examination-in-chief and cross-examination. The cost of a trial can amount to many thousands of dollars. If successful, one might be able to recoup a portion of the costs from the other side. Of course, if the other side is impecunious, one must keep this old adage in mind: ‘one cannot get blood from a stone’.
Mediation -- An Alternative to the Court Process
What is mediation?
A mediator is a 'facilitator'. The parties sit down together with a mediator, who is specially trained to help people work out their own solutions to their problems. The rules in mediation are the same as in court: no yelling, no screaming, no sarcasm, no name-calling. Often couples who feel they cannot communicate in any circumstances are surprised to find that they can in fact deal with each other with the assistance of a mediator
Granted, mediation is not for everyone. If there is a significant imbalance of power between the parties, then mediation might not be the right forum through which to attempt to resolve outstanding issues. This 'imbalance' might arise if there has been considerable abuse, either psychological/emotional or physical, during the course of the relationship. As well, mediation might not be appropriate if one or both parties have serious substance and/or alcohol problems, or mental health issues.
Potential Advantages of Mediation
Financial Cost
Going to court can be financially draining. Mediation can often prove to be a significantly less expensive option. I offer mediation services at reasonable rates for those who wish to deal with the issues that arise upon separation in a cooperative and civil manner and avoid the perils of litigation.Emotional Cost
There is another cost to the judicial process that should be considered: the psychological cost. Court can be emotionally draining. The court process is adversarial. Many unkind things are done, many unkind words are spoken in an effort to persuade the court to accept your side of the story. It is so important to salvage a decent rapport if there are children involved. It becomes difficult if not impossible to salvage a decent, civil rapport after protracted, acrimonious legal proceedings.More Power to the Parties
When people go to court, they rely on a third party (a judge) to make decisions for their family. A judge knows very little about the history of the relationship and the family dynamic. Nonetheless, people will rely on this individual to decide issues that can have an enormous impact on the family unit, including the children. The mediation process allows the parties to negotiate and, hopefully, come up with mutually acceptable compromises. In the mediation process, both concerned parties get to make their own decisions regarding their families--decisions with which they will most likely be more satisfied.
Mediation is an option that should at least be considered. Mediation can be quicker, less painful, and less expensive than litigation. There is little to lose by trying mediation. Whatever transpires in mediation stays in mediation. One can walk away from the mediation process whenever one wishes, without fear of later reprisals. There is nothing much to lose from trying mediation. There is, however, potentially a lot to gain.
As an accredited family mediator with the Ontario Association of Family Mediators, I can assist parties in reaching a time-effective and cost-effective resolution of the issues without recourse to expensive litigation.
About Blake
Blake Family Law was born and bred in Ottawa, Ontario. He has an extensive academic background: a law degree from Queens University; degrees in English Literature and Political Science from the University of Toronto; a Masters degree in Piano Performance; and a teaching degree from McGill University. He received his call to the Bar in 2001. Blake is also an accredited member of the Ontario Association of Family Mediators (O.A.F.M.) and a member in good standing with the Collaborative Family Law Network. Blake Family Law's primary area of practice is family law, and he has considerable experience as both a litigator and a mediator.
Blake's approach:
Blake advocates a non-adversarial approach to family law when possible. Unlike other areas of law, family law most often results in significant emotional and financial losses for both parties. The court process, adversarial by nature, will often only serve to exacerbate enmity between separating spouses, and therefore is to be avoided if possible. He recognizes, however, that recourse to the court system is sometimes unavoidable.
Whatever avenue you believe needs to be followed to address and resolve your family law issues—whether it be through mediation, litigation or the collaborative family law process —Blake has the necessary background and experience to help.
Please feel free to call or email me if you have questions, or would like to set up a consultation.
Phone:
Tel. 613.238.5074 ex.232
Fax. 613.230.3250
Email:
Please click - - to send me an email.Or visit us at our new office location:
Near the heart of downtown Ottawa
584 Somerset St W, Ottawa, ON, K1R 5K2
Resources and Links
Attorney Generalwww.attorneygeneral.jus.gov.on.ca
The Ministry of the Attorney General website—a good starting point to find information regarding legal issues, including family law issues.
Ontario Court Forms
Forms used in family law litigation, as well as other areas of law.
Family Mediation
The Ontario Association for Family Mediation. An organization dedicated to the promotion of family mediation practice in Ontario, and to the support of professionals who offer family mediation services. If you are seeking a family mediator in your area, this could be a good starting point.
Family Mediation—Ottawa Chapter
The Ontario Association for Family Mediation-Ottawa Chapter is the regional affiliate of the official provincial organization and Family Mediation Canada. A local organization which takes up the professional mission to foster a community where family mediation is the first choice in resolving family conflict.
Collaborative Family Law
COLLABORATIVE FAMILY LAW (“CFL”) is a dignified, cooperative approach to negotiating and settling the issues arising from a family separation outside of court. Separated spouses, with the assistance of specially trained family law lawyers, negotiate their issues, as they define them, in a controlled, safe, and respectful setting. These structured negotiations happen in meetings between the spouses and their lawyers. These “Four-way Meetings” allow the spouses to explore together their issues, as they define them, in their voice.
Ontario Law
A very useful site, accessing all Ontario laws and regulations
Department of Justice—Canada
A very useful site, accessing all Canadian/federal laws and regulations
Child Support Guidelines—Calculator
www.justice.gc.ca/eng/pi/fcy-fea/lib-bib/tool-util/apps/look-rech/index.asp
This on-line look-up will help you determine what amount of child support you should be paying, regardless of province of residence.
Spousal Support Calculator
This on-line look-up could be of some assistance in determining both child and spousal support. Please be forewarned, however, that spousal support (a.k.a. alimony) is a complex issue, and this free on-line instrument is a rudimentary approach to spousal support. If spousal support is an issue to be dealt with, one would be well advised to retain the services of a family lawyer.
Legal Aid Ontario
Legal Aid Ontario (LAO) is an independent agency funded largely by the province of Ontario, responsible for the delivery of legal services to low-income individuals through Ontario.
CanLII
A non-profit organization managed by the Federation of Law Societies of Canada, with the goal of making Canadian law accessible for free on the Internet. A very useful resource for the layperson, who does not necessarily have the same access to case law as do lawyers.
The Children’s Aid Society—Ottawa
The Children’s Aid Society of Ottawa (CAS) is non-profit community organization funded by the Government of Ontario, legally mandated to protect children and youth from abuse and neglect. The CAS is one of over 45 agencies across the province regulated by the Ministry of Children and Youth Services and governed by the Ontario Child and Family Services Act (CFSA).
Family Responsibility Office (FRO)
https://www.mcss.gov.on.ca/en/mcss/programs/familyResponsibility/
FRO enforces child and domestic support orders and collects support payments for families. This government department helps nearly 400,000 people every year.
Collaborative Family Law
Collaborative Family Law ("CFL") is a dignified, cooperative approach to negotiating and settling the issues arising from a family separation outside of court. Separated spouses, with the assistance of specially trained family law lawyers, negotiate their issues, as they define them, in a controlled, safe, and respectful setting. These structured negotiations happen in meetings between the spouses and their lawyers. These "Four-way Meetings" allow the spouses to explore together their issues, as they define them, in their voice. The lawyers act both as communication / negotiation coaches for their clients, and simultaneously fulfills their usual role of advising their clients about their legal rights, entitlements and obligations. The parties focus on effectively communicating to gather facts and discover each other's interests. Emotional tactics, threats, or abusive communications are all identified, discussed and eliminated. The lawyers, having agreed to not take part in any litigation that may occur if an agreement isn't reached, efficiently focus their time and effort solely on settlement, rather than posturing or preparing documents or themselves for court. Everyone, including the lawyers, is focused on creating together a stable, fair, legal Agreement.
If you choose to embark on this collaborative approach to resolving the issues, I would be more than happy to assist.
Litigation
The court process can be slow and arduous. There are many stages, and much time to wait between these stages.
Mandatory Information Session (MIP)
Unless one is dealing with a simple divorce, both the parties (the Applicant and the Respondent) are required to attend a two hour Mandatory Information Session. This Session addresses alternatives to litigation as well as the negative impact litigation can have on the children of the relationship.First Court Date Appearance
This is the first step in the process if one or both of the parties are self-represented. One does not appear in front of a Judge or a Master at this step. Generally, this step is required to ensure that the materials filed are 'judge ready'. A date for a Case Conference will be set at this stage.Case Conference
The Case Conference is the first time the parties are in front of a Judge or a Master. This is a relatively informal stage--a recent development aimed at making the family law process less adversarial. One can discuss the issues in front of a judge. The judge will attempt to assist the parties to settle some if not all of the issues. The judge might give her/his opinion as to the most likely outcome if the parties choose to continue down the litigation route. Generally speaking, the judge will not make any orders unless the order is on consent of both parties. The exception to this is disclosure. For example: if the issue is child support, a judge will order financial disclosure that has not already been provided—e.g. income tax returns, recent pay stubs, possibly bank and credit card statements. Unless it is a case of urgency, a Case Conference is a necessary step prior to bringing a motion.Motion
A court appearance for the purpose of obtaining temporary relief: for example, interim child custody or support. A court will make an Order at this stage. This is where the cost consequences of an unsuccessful verdict should be kept in mind. If the judge rules more in favor of what the opposing party proposed, you could be responsible for a portion of the other party's legal costs. The evidence at a motion usually consists of affidavit (sworn statement) evidence.Settlement Conference
Similar to a Case Conference, but more intensive. A judge again attempts to assist the parties in coming to a mutually acceptable compromise, without proceeding further to a full-fledged trial. The judge will encourage parties to settle, often by forecasting the most likely outcome if the matter proceeds to trial. Any disclosure lacking will be court ordered.
Trial Management Conference
At this point, a Settlement Conference has not served to settle the outstanding issues, and a trial appears unavoidable. At this Conference, the court tries to ascertain how many days will be required for the trial-- how much evidence, how many witnesses etc.
Trial
The final step. A trial can last days, if not weeks. Evidence is introduced, and witnesses are heard. There is examination-in-chief and cross-examination. The cost of a trial can amount to many thousands of dollars. If successful, one might be able to recoup a portion of the costs from the other side. Of course, if the other side is impecunious, one must keep this old adage in mind: 'one cannot get blood from a stone'. While my preferred approach is to attempt to resolve family law issues in a non-adversarial manner, I do recognize that sometimes the court process cannot be avoided. If required, I have the necessary requisite litigation experience and expertise to pursue this route.
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