FAMILY LAW BLOG
My spouse and I want to resolve the issues in our divorce through family mediation; should we see lawyers before or after the mediation?
Family mediation is an excellent way to resolve the legal issues that come up after separation in Ontario. It avoids the stress, acrimony and high costs of going to Family Court. Mediation can also allow separated…
My Ex and I Don’t Agree on Parenting Decisions, Do We Have to Let a Judge Make the Decision?
When separated parents cannot make decisions for their children, or cannot agree on who should have custody, they may have to go to court. Judges are almost never trained in social work or child psychology. Some…
Does the Family Court Judge Have to Follow the Custody/Access Assessment for a 13 Year Old Child? What if the Child Does Not Agree
Custody/access assessments are not binding on judges. That means judges do not have to follow them. The report is only one piece of evidence, and the psychologist is the only witness at a trial. The judge has to…
If We Call Off the Wedding, Does the Fiancee Get to Keep the Engagement Ring?
Engagement rings, and other “gifts in contemplation of marriage” are not gifts in the traditional sense. Rather, in the legal context, they are part of a contract to get married. The contract works like this: He asks…
How Is Property Divided When Common Law Couples Separate? Do They Have to Share All the Assets They Own Together?
A lot of common-law spouses ask about how their assets are divided when they break up. In Ontario, the law is different for common-law couples than it is for married couples. For common-law couples, it is…
How do you get a Court Order for Emergency Child Custody in Ontario Family Court?
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…
Can a Children’s Aid Society Interview my Children without my consent? Should I speak to the CAS?
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…
If you were not married in Ontario, can you get divorced in Ontario? What if your ex-spouse lives someplace else?
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…
Can Grandparents be forced to pay child support?
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…
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To contact John Schuman, Certified Specialist in Family Law, call 647-342-6775, email him at john@schumanlaw.ca, or use the form on this page.
