Expertise

  • Decision-making (formerly known as custody) refers to a parent’s legal right to make decisions for children, generally in the areas of:

    • health;

    • education;

    • culture, language, religion and spirituality; and

    • significant extra-curricular activities; 

    in making an order for decision-making, the court considers the best interests of the child, which involves a number of factors such as the child's needs, parenting history, and the parents' ability to cooperate. In some cases, decision-making may be shared jointly between both parents, while in other cases it may be granted solely to one parent.

    It is important to remember that decision-making is separate from parenting-time, which refers to the right of a parent to spend time with their child. Having sole decision-making for a child does not mean having primary parenting time with that child, and vice versa.

  • Parenting time (formerly known as access) refers to the residential parenting schedule and relates to the physical sharing of time between parents with a child.

    in making an order for parenting-time, the court considers the best interests of the child, which involves a number of factors such as the child's needs, parenting history, and the child’s relationship with each parent. Parenting time can take various forms - for example, parenting time may be shared equally between the parents, granted solely to one parent, or any variation in between.

    It is important to remember that parenting-time is separate from decision-making, which refers to the right of a parent to make major decisions for their children, such as their education, health, religion, and upbringing. Having primary parenting-time of a child does not mean having sole decision-making for that child, and vice versa.

  • Relocation (aka mobility) cases arise when one parent wishes to move with a child to a location where it may significantly impact the other parent's ability to exercise their parenting time.

    There are several factors that are relevant to determining whether a child should be permitted to relocate. Relocation proceedings are often complex and it is important that you seek proper legal advice to understand your rights and obligations, regardless of which side of the case you are on (i.e. seeking relocation vs refusing relocation).

Parenting

  • Child support in Ontario is calculated using the Child Support Guidelines (CSG). Generally, the “Table” child support is intended to cover basic expenses relating to a child, including food, clothing, school supplies, etc. The amount of child support depends on the income of the payor parent, and the number of children involved. There are circumstances that may result in varying the amount, such as parenting schedule, inability to pay, etc.

    Calculating a payor's income can be a challenging task, especially if they are self-employed, have variable income, reside in a different jurisdiction, or are subject to different taxation than a salaried employee.

  • Apart from the monthly "Table" child support, the Child Support Guidelines also specify the sharing of additional expenses called special or extraordinary expenses (aka Section 7 Expenses). These expenses may include childcare, healthcare costs, education-related expenses, and extracurricular activities.

    Determining which expenses should be shared and in what proportion can be a complex exercise and heavily depends on specific circumstances of each case.

  • Spousal support is one of the most complex areas of family law. This is because unlike child support, which is calculated based on a pre-determined formula, spousal support is determined based on a wide range of factors that are unique to each case.

    Some of the factors that are considered when determining spousal support payments include the parties’ income, the length of the relationship, the roles and responsibilities of the parties during the relationship, parenting arrangements during and after the relationship, the standard of living during and after the relationship, and any economic disadvantages or advantages that either party may have experienced as a result of the relationship.

    Despite the guidance provided by legislation and the Spousal Support Advisory Guidelines (SSAG), the issue of spousal support remains far from predictable, and the courts maintain a wide discretion to determine the eligibility, amount, and duration of spousal support. This means that determining the appropriate spousal support payment can be a complex process that requires a deep understanding of the relevant law and the unique circumstances of each case.

Support

  • On a breakdown of marriage, the cumulative net worth acquired during the marriage must be divided equally between the spouse. This is known as equalization of net family property and is intended to ensure that both spouses are fairly compensated for their contributions to the marriage, regardless of legal ownership.

    The process begins by determining the values of assets and liabilities at the date of marriage and separation. However, the equalization process can become more complicated when dealing with complex assets such as investment properties, pensions, retirement accounts, stock options, trust interests, and corporate assets. The source of certain assets received during the marriage, such as gifts, inheritances, and lawsuit or insurance proceeds, may also be considered differently in the equalization process.

    It is important to remember that the equalization scheme only applies to married spouses. In Ontario, common law spouses do not have the same property rights and may need to make “trust claims” for a share of the other’s property.

  • Unlike married spouses, common-law spouses do not fall under the same automatic property regime when they separate and divide their assets. The equalization of net family property does not automatically apply to them. In some cases, common-law spouses may need to make "trust claims" to obtain a portion of the other's property. These claims may be based on unjust enrichment or contributions made towards the acquisition, preservation, or maintenance of a property.

Property

  • A marriage contract allows a couple to establish their own property or support rights and obligations, which may differ from what is dictated by the law in the event of a breakdown of the marriage. These contracts are often used to address specific financial matters, such as assets or debts before marriage, family wealth, or children from prior relationships. In some cases, one or both parties may wish to establish their entitlements in the event of marriage breakdown or death.

  • Fewer couples are choosing to marry, and more are opting to live together as common law spouses. For these couples, a cohabitation agreement serves as the equivalent of a marriage contract, dealing with potential issues in the event of a breakup. A cohabitation agreement can address issues such as property division, support, and estate claims, as well as any potential changes that may occur if the couple decides to marry.

  • When parties are able to reach an agreement on the issues arising from their separation, they typically sign a separation agreement which outline the terms of their agreement. A separation agreement can cover all family law related issues, such as property division, support, and parenting of children.

    While it is possible for spouses to draft and sign a separation agreement without lawyers, it is important to seek legal advice as there are considerations to ensure that the separation agreement is valid and enforceable. In addition, a lawyer can help identify potential issues and negotiate better terms for you.

Domestic Contract

  • Simple divorce is when you apply for a divorce by yourself, and are asking the court for a divorce only. This means that you can’t ask for orders about issues relating to your separation such as spousal support, child support, decision-making responsibility, parenting time, or division of property.

    Generally speaking, you will need to have been separated from your spouse for at least one year before applying for the divorce.

  • You apply for a joint divorce when you and your spouse agree to the divorce. You can also ask the court to make orders about issues relating to your separation, such as spousal support, child support, decision-making responsibility, and parenting time, if you and your spouse agree on these issues.

    Generally speaking, you will need to have been separated from your spouse for at least one year before applying for the divorce.

Divorce