The first question you have to ask first is whether you need an emergency temporary custody order. Judges do not like making custody orders, especially on incomplete evidence and on a rushed basis unless the order is necessary to protect the health and…
Yes. In Ontario, a Children’s Aid Society has the right to interview children without their parents’ consent during the course of a child protection investigation (an investigation into abuse or neglect). The Ministry of Children and Youth Services included interviewing children…
Yes. What matters when you are getting divorced is where you live at the time you are getting the divorce. Where you got married almost never matters. You are not entitled to get divorced in Ontario if you have not…
As families change, and tough financial times mean that parents have to work more and more just to pay the bills, grandparents are becoming more and more involved with raising their grandchildren. To help out, grandparents can spend a lot…
There are specific circumstances in which a judge might set aside a marriage contract to order spousal support. They are discussed in more detail in this podcast in this video and in this easy-to-understand best-selling book on Ontario Family Law. It is not a simple…
This is an upsetting situation. However, the perspective on hearing from children is changing in Ontario Family Law. Many judges recognize children have a right to be heard in matters that affect them, provided it is the child who wants…
If there was ever a time when you need a lawyer, it is when facing a contempt motion. The judge can throw you in jail, for a significant period of time, impose large fines, or order other serious consequences. You…
To have a valid separation agreement in Ontario, you have to meet three basic criteria: the agreement has to be in writing, it has to be signed and both parties have to have their signature witnessed. There are some additional…
If your children’s other parent (mother or father) is repeatedly denying you access, against a court order, then you should keep track of the circumstances. But do not let it go on too long. You should go back to court,…
Grandparents and other extended family can cause a lot of strife, which is usually very bad for the kids. I have done a number of these cases and it is almost always the case that the personality traits that cause…