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September 2017 Archives

Unusual lifestyle arrangements in Ontario child custody

It's come to be known as bird-nesting when a divorced couple decide that their children should remain in the family home while each ex-spouse alternates living there as well. Well-intentioned parents who feel that the marriage may be over but the family isn't may choose nesting as a way to acclimatize the children to divorce realities. Ontario courts would likely award joint child custody in a nesting agreement geared towards providing stability to the children of divorced parents.

What will qualify as extraordinary expenses under family law?

When there are children involved in an Ontario divorce, the court will typically determine who will be responsible for child support and the amount that must be paid. However, under family law, any one of the parents may ask for extraordinary expenses in addition to the basic child support under Federal Guidelines. To qualify as such, expenses must be necessary for protecting the best interests of the child while also being reasonable -- considering the financial means of both parents and their lifestyle before they separated.

Relocating children may pose dilemma in Ontario child custody

Children don't come into the world with manuals outlining their needs and instructions on how to care for them. Parenting is a continuous learning experience, particularly when life's changing fortunes challenge Ontario divorced couples to prioritize their child's needs. When child custody has been awarded, each parent takes on a legal status as either custodial parent or access parent.

Family law: Spousal support is not always enforceable

When negotiating a divorce settlement in Ontario, careful consideration must be given to aspects like spousal support. Family law in each jurisdiction can differ when it comes to enforcement of spousal support. If the party responsible for payment relocates, it might be impossible to get the support on which the other party relies.

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