FAMILY LAW BLOG
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…
Can a family court judge order spousal support in a divorce even if a marriage contract says “no spousal support?”
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…
What should you do if a child says the family court judge, his parents and even his own lawyer are not listening to him in divorce court?
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…
Can I be held in contempt if the kids are refusing to go for access? Can they be physically forced to go?
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…
How do you get a legal/valid separation agreement in Ontario?
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…
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To contact John Schuman, Certified Specialist in Family Law, call 416-446-5847, email him at john.schuman@devrylaw.ca, or use the form on this page.