A child who has attained the age of majority (currently 18 years) is still entitled to basic table child support in the following circumstances: The child is enrolled in a full time program of education (Family Law Act section 31 (1); The child has not withdrawn from parental control (Family law Act section 31 (2); or In the case of children of married couples, the child is unable to withdraw from parent charge or obtain necessities of life due to…
Custody and Access – Office of the Children’s Lawyer
Parents in a custody battle usually are faced with issue of how best to present to the court what they view as the child’s needs or the child’s views and preferences without appearing that they are influencing the child’s decision one or way or another. Your family lawyer can assist you make a decision as to whether your case needs the involvement of Office of the Children’s lawyer (OCL) to be appointed in order to effectively present the child’s needs,…
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…