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family law Archives

Family law advice also valuable before marriage

When a person in Ontario marries another person, there are several financial changes to which each party will have to adjust. Each one will most likely have to adopt a new financial role and get used to the adjusted pattern. Most couples enter marriages with individual ideas about spending versus saving, and they will have to decide whether they will pool their incomes or keep it separate. When it comes to family law, there are many sources of advice on how best to handle marital finances, and many people believe adjusting to a new spouse's financial personality is even more challenging in a second or subsequent marriage.

Does Ontario family law allow a divorced parent to relocate?

Following a divorce in Ontario, life goes on and typically has many twists and turns -- many of which are not anticipated. Regardless of carefully drafted parenting plans, divorced parents may have to make choices that might involve relocation. While this happens to countless other parents, when divorced parents want to relocate with their children, navigation of plans must comply with family law.

Ontario family law and the debatable influence of science

Deciding to separate or divorce is challenging enough. When children are involved, the gravity of that decision is rendered even more agonizing by current socio-cultural views that either applaud or disparage the effects on children. Longstanding science studies maintain that the dissolution of a marriage can create an unhealthy living environment for a child, while more recent research points to the opposite. The presence of an experienced Ontario lawyer may provide reassurance that any family law adjudications do not rest on mercurial scientific recommendations.

Family law and special expenses for children of divorce

When Ontario couples divorce, clean breaks from each other are typically only possible when there are no children involved. Family law will keep divorced parents linked through their children for as long as the children are minors. Although child support is typically a court-ordered amount, as children grow older, there will always be special expenses that must be considered.

Offers to settle in Ontario family law may have costs attached

It is not part of the traditional marriage vow but the word "compromise" may figure significantly in the dissolution of a marriage. Unfortunately, compromise is laden with connotations that do not at all describe how it can promote mutually satisfactory, progressive solutions to issues which arise during formal divorce proceedings. In Ontario family law matters, reaching agreement toward the settlement of any one mutual concern can help create a conciliatory pathway forward.

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.

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.

Family law: Census results show changes in family dynamics

More than a year ago, 35 million residents of Canada, including those in Ontario, took part in a census of which Statistics Canada recently published the detailed analysis. One of the most significant observations is that there has been a significant shift in the dynamics of family life nationwide. Due to these changes, issues related to family law may also become more diverse, and new challenges may arise for families and the courts.

Alienated grandparents have rights under Ontario family law

It is said that about 75,000 grandparents in Ontario have no or limited access to their grandchildren. A bill was recently passed in the province that modifies existing family law to allow grandparents to apply for custody or access to grandchildren. The court will expect the applying grandparents to prove that such access will be in the children's best interests.

Family law orders reach across provincial borders

It is said that one cannot run away from trouble, because there isn't anywhere far enough away. Certainly one cannot escape from a family law order simply by leaving the province of issue. A court-ordered obligation will follow a person wherever he or she goes in Canada, and is enforceable in any district. A former resident of Ontario may soon learn the full extent to which one can be punished for shirking a judge's order.

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