Financial Disclosure – Child Support, Spousal Support and Division of Assets

When representing parties in issues relating to child support, spousal support and Division of assets, parties are required to exchange to each other full and financial disclosure. Failure to do so in a timely manner causes unnecessary delay and cost in resolving the issues. Rule 13 of the Family Law Rules covers the process of financial disclosure in family law proceedings. The rule generally describes the forms to be used for particular issues and the level of disclosure needed. When…

Custody and Access – Mobility Rights

Custody and Access– Mobility After separation when one parent has custody of the children, he or she may decide to relocate for a considerable distance from the jurisdiction where both parents are residing with the children for various reasons notably, employment opportunities, relationship or family support. Often the access parent opposes the move to protect his/her access rights because the move often times interferes with the access schedule by reducing the frequency of access and increasing access costs. The test…

Court Ordered Supervised Access in Public Access Supervised Centre

Pursuant to section 34 of the Children’s Law Reform Act, a court may give such directions as it considers appropriate for the supervision of custody or access by a person, a children’s aid society or other body. My focus here is on access supervised by a Supervised Access Centre. Supervised access orders are made to address the best interest of the child by addressing a parent’s parenting skills, reintegration or introduction of child with the parent, protect the child from…

How to Succeed in Your Custody Battle for Couples Living Together Before Separation

When assessing a custody claim for couples residing together before separation, a judge will likely award you one form of custody of your child (sole custody, joint custody, shared custody or parallel parenting) if you present evidence that meet elements of section 24 of the Children’s Law Reform Act. Here is a summary of what you need to do: Start parenting before the child is born by participating in pre-natal classes and supporting the pregnant partner with the pregnancy i.e. accompanying her…

How To Separate and Get a Divorce | Toronto Family Lawyer

If you have experienced a marriage breakdown in your marital relationship and you are considering separating from your wife or husband and ultimately getting a divorce, here are some steps to follow: Notify your spouse regarding your intention to separate. Conduct yourself as separated. Separation While Continuing to Live Under Same Roof The court must look at various objective factors to determine if the parties are living apart or not including the following: There must be a physical separation…  Just…