Often, one issue parents need to tackle when they separate is what to do with the children’s RESPs. One or both parents may have contributed to such RESPs before the separation and now, decisions will need to be made about them.
Read MoreIt is not uncommon for a person to be served with “court papers”, whether they already have a lawyer or not. This can happen in person, meaning that someone comes to your home or your place of work, and hands you an envelope or a document, but it can also happen by email in the case of some court documents.
In this blog post, I am going to make some suggestions about what you should and should not do if this happens to you.
Read MoreIn the context of parenting disputes, parents often ask whether their child’s views and preferences will be considered before a decision about them is made – by agreement between the parents, by court order or arbitration award. In other words, will the child have a voice on issues that affect them, like how much time they will spend in the care of each parent, for example. The answer is “yes, they will” but there are two caveats here:
1. Depending on their age, the child may have a voice only but not a choice; and
2. Steps will need to be taken to elicit that voice, put it out there so to speak, particularly (but not exclusively) in the context of a court case.
Read MoreIn response to your question, it is unlikely that you need a Parenting Coordinator (“PC”) if you have just separated but you might benefit from help from another professional – a Family Mediator (“FM”). In this blog post, I will explain why, and I make reference to two modalities of family dispute resolution (“FDR”), and specifically Family Mediation, on the one hand, and Parenting Coordination on the other.
Read MoreYES! It is never too late to settle! In fact, Family Court judges encourage litigants to attempt mediation.
I have been involved in many cases, both as a lawyer and as a family mediator, that commenced with the involvement of the court but ended up settling in family mediation. But why would they start with a court case in the first place? Why did these parties not try mediation first?
Read MoreI am going to preface my general comments about pensions in family law by saying that the topic is quite complex, and I strongly encourage anyone interested in pensions to consult with a family lawyer to get proper legal advice. What I provide here is not legal advice, including because I do not know you, you are not my client and I have no information about your specific circumstances. To get case-specific advice, please speak to a family law lawyer.
Read MoreIt may feel completely counter-intuitive to have your second wedding dress fitting right after a consultation with a family law lawyer but it does make sense; - ignorance of the law is no defence to a legal problem you may be facing in the event your marriage does not work out. Now let me unpack this mouthful.
Read More.Effective communication can be quite challenging when we are stressed. It is often difficult to get across what we are trying to say, and even processing information coming in our direction can be a daunting.
Read MoreMany, many married and common-law couples have joint accounts during their relationship. These accounts are commonly used to pay household expenses and in many instances, pre-authorized payments are made from the joint account on a regular basis, on behalf of the household, and for the personal expenses of each of the parties.
Read MoreMany people want to date after a separation but how soon is “too soon”? The answer to this question is a very personal one ~ what might appear reasonable to person A may be downright scandalous to person B. Longing for companionship and support in what is often a very difficult time on many levels is very common. Again, each person seeks that human connection at a pace that is right for them. In case you are wondering, the law does not provide us with any rules as to when separated spouses can date. Religion often plays a role in the decision - many people choose not to date until they are divorced. Others date only once the exes have moved into separate residences.
Read MoreOver the years, I have observed an interesting phenomenon in society: on the one hand, people are understandably concerned about their privacy but on the other, they are more than happy to expose themselves, and what they would otherwise describe as their “private lives” by leaving their social media accounts open for the public to view, and by allowing their cell phones to track and record their every move…but that might be a topic for another blog post.
Read MoreQuestion: "I am separated and I can't cope. I am so devastated, I cannot even face dealing with all of the issues which I have to tackle, now that the relationship is over. What am I to do? Where do I even start."
Read MoreWhen family law lawyers use this term in Ontario, they are usually talking about a multi-page document which creates a "road-map" for parents on how to deal with their child(ren), and each other, after a separation.
A Parenting Plan may be authored by a variety of people. Many Parenting Plans are the result of negotiations between Mom and Dad, with the assistance of lawyers
Read MoreHopefully, this post will be irrelevant and outdated several months from now but in the meantime, parents should consider with care, and over time:
a) how their children are processing information about the pandemic; and
b) how their actions, as separated/divorced parents, impact their children while we grapple with today's uncertainty.
Read MoreIn simplest terms, in Ontario and for family law purposes, a matrimonial home is the place where married spouses live together at the time of separation.
Here is more information you may find interesting/relevant……..
Questions relating to this issue are quite common, and the answers are not always as straightforward as parents might expect. Here are the BASICS:
University/college costs are what are called “section 7 expenses” - they are a form of child support under the Child Support Guidelines (both federal and provincial - see section 7 of those);
Common Question: "I was married for several years and I am now separated. Someone told me that it is important for me to show in my paperwork what I had when I married my wife. Why does this matter?"
Answer: Ontario's Family Law Act provides a mechanism, unique to our Province, for the sharing, on separation, of the spouses' assets and debts, by value.
Read MoreHere is a hypothetical about which we receive a lot of questions:
Question: “My son turned 18 nine months ago. I stopped making child support payments to my ex-wife based on our court order a month later because he is now 18. I just got a letter from the Family Responsibility Office that I have to pay up what I owe for the last 8 months and continue to pay on a monthly basis. But he is 18!!! His mother is also sending me emails that I "do not get it" and have to continue paying. Do I have to?
Read MoreQuestion: I am still paying child support for my 16 year old son. Someone just told me he is not in school any more and now working full-time. Am I entitled to know what he is doing? How do I find out?
Read MoreQuestion: “My ex-wife is now married to a rich guy. They live in a mansion and she drives an Audi. She does not need child support from me. Do I still have to pay it?”
Answer: The answer is "yes".
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