Family Law

Often, the most contentious path to a resolution is related to the things we think we own and the rights we assume we have.

Protect yourself, your assets, and your peace of mind with a detail-oriented team of specialists in marriage contracts, cohabitation agreements, partial and final parenting plans, separation agreements, wills, powers of attorney, promissory notes, and waivers.

A separation or divorce is stressful and there are many things to consider as you traverse this emotionally trying time.

Navigate the intricacies of living arrangements, spousal and child support, division of assets, and divorce applications with a team of family law experts with your best interests in mind every step of the way.

If you and your partner have children and have decided to separate, the question of custody and access will most likely be a very significant aspect of your separation. You and your partner will have to make decisions that will impact your children’s daily lives, currently and in the future.

Custody is not only about where your child will live, but also who will have the legal right to make important decisions about how to care for and raise your child. You may agree on joint custody, however, your child might reside mainly with one of you due to your circumstances. The parent or parents that have custody will have the right to make important decisions about educational, medical, and emotional needs of the child.

Although the most common custody arrangements are joint custody and sole custody, your custody arrangement can be drafted in a way to suit your family’s unique needs. If you and your partner agree on the terms of your arrangement, a family law lawyer can assist you in drafting an agreement.

Why consult a family law lawyer? Your parenting plan or separation agreement must follow certain rules to make it binding and enforceable under the law. Your agreement must be made in a way that allows the court to order you or your partner to do what the agreement says, if either of you stop following it. A family law lawyer will give you advice about the rules your agreement needs to follow to make it legal.

If you and your partner do not agree on a custody arrangement, there are different types of family law professionals who can help you and your partner resolve custody issues without going to court. For example, you can seek help from a mediator or a collaborative family law lawyer.

If you and your partner still cannot agree, the only remaining option is to go to court and ask a judge to decide. The judge will apply a legal test called the “best interests of the child” to decide where your child should reside.

Do grandparents have access rights? Yes. Grandparents have a legal right to apply to the court to ask for custody or access to their grandchildren. Based on the best interests of the child, a court will decide who should spend time with the child. In Ontario, the “best interests” test includes looking at the relationship between the grandparents and the child.

To learn more, please communicate with any member of our Family Law Team.

Before adversarial action becomes necessary, mediation must be considered the first option for family dispute resolution. In many situations, an Accredited Family Mediator (AccFM) can help you determine what is important to you, understand legal requirements, and focus on the best possible outcome for your family. A fair and reasonable agreement can be reached, while minimizing conflict and reducing the financial and emotional cost of family law litigation.

Starting a family law court case to resolve your legal issues is not your only option. There are out-of-court options available, called Alternative Dispute Resolutions (ADRs) that can assist you and your spouse resolve legal issues without the considerable time and expense of going to court.

There are many ADR options available, such as negotiation, collaborative family law, mediation, arbitration, and parenting coordination.

Collaborative family law, also called collaborative practice, is an alternative dispute resolution process where you and your partner work together to resolve your legal issues out of court with the help of a collaborative family team. You will each have your own independent lawyer to represent your interests, but the objective of both lawyers will be settlement and resolution rather than always taking sides. You may also work with other collaborative professionals, such as financial and family professionals.

Collaborative practice is an out-of-court process that addresses the emotional, financial, and legal issues that arise from separation and divorce. It is a process that is settlement-focused and interest-based and does not encourage on-going argument and disputes.

Why chose collaborative practice?

Collaborative practice is a voluntary process. There are many benefits of collaborative practice, including:

• Respectful communication and full transparency
• Minimized conflict and adversity while maximizing the opportunity of settlement
• The additional team members may result in lower total costs, as financial and family professionals contribute their specialized expertise
• Customized solutions that consider the priorities of both spouses and children
• Guidance through settlement negotiations by your lawyers with the assistance of family and financial professionals who will focus on your goals and priorities
• Most importantly, you and your spouse maintain control of the process and the outcome, without the need to attend court

You and your partner will each need to retain your own collaborative family law lawyer. Collaborative family lawyers have special training in interest-based negotiations.

To learn more, please communicate with any member of our Family Law Team.

In any challenging family situation, the rights of children must be protected just as equally as the privileges of the adults involved.

Get clear and comprehensive legal guidance, advice, and strategies from family law experts in children’s rights, child-focused services, plan of care requirements, and adoption that reflect and promote the best interests of the child.

Every family and relationship situation is unique. When a high-conflict issues arises, there are many considerations on the road to resolution.

Whatever your situation and legal requirement, our family law services are structured to help you get a balanced resolution of your issue by addressing all of your concerns, protecting your interests, and providing the closure you need in a respectful, dignified, and co-operative manner.