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Helping Parents Resolve Visitation Issues in Ontario

Divorce is almost always more difficult when children are involved. Establishing a well-structured parenting time schedule (sometimes referred to as visitation) is a critical aspect of ensuring that a child survives a divorce with the least disruption and emotional turmoil. A fair and functional visitation schedule should focus on the children’s best interests, with the parents’ considerations being a secondary factor.

The Ontario Children’s Law Reform Act and the federal Divorce Act govern parents’ rights in parenting time and decision-making responsibility matters. Both parents are entitled to parenting time and the ability to visit with and be visited by the children, subject to safety or other concerns.

One parent may be granted primary decision-making responsibility regarding the child’s health, education, and overall welfare, generally referred to as the “custodial parent”. The other parent may not have the right to make decisions about the child’s health, education, and welfare but, under the Act, has the right to all information about these issues.

Parenting Time vs. Decision-making Responsibility

In family law in Ontario, parenting time and decision-making responsibility are related but different issues that need to be worked out between the parties.

Parenting Time:

Refers to the time children spend with each parent, regardless of whether that time is physically spent with the parent, for example, when the children are at school.
It used to be called “access”.

All parents are entitled to parenting time, even if they don’t share decision-making responsibility, subject to negotiations in and/or out of court.
Parenting time can be shared or split.

Decision-making Responsibility:

• Refers to the time children spend with each parent, regardless of whether that time is physically spent with the parent, for example, when the children are at school. 

• It used to be called “access”. 

• All parents are entitled to parenting time, even if they don’t share decision-making responsibility, subject to negotiations in and/or out of court. 

• Parenting time can be shared or split. 

Tips for Establishing a Fair Visitation Schedule

Communicate Respectfully

• Refers to the authority to make significant decisions about a child’s life, such as those related to health, education, culture, language, religion and spirituality, and significant extra-curricular activities. 

• It used to be called “custody”. 

• Decision-making responsibility can be sole (one parent makes all decisions) or joint (both parents make decisions together), or one parent with final decision-making responsibility 

Work Schedules and Parenting Time

You may want equal time with your children, but before making any decisions, you must be realistic about your schedule and availability when planning a visitation schedule.

A plan that is less likely to run into disruptions or schedule changes will be more successful for the children and the parents. In this planning, consider the location of school(s), commuting time for pick-up and drop-off both for school and visits, your work schedules, and other demands on time.

Be Flexible

Life comes with change, and even the most carefully crafted plan may need to be modified as needs change. Children, as they grow, have new activities and needs, and a parent may have a change in employment with a different schedule. Be open to updating a visitation schedule to match changing needs. Remaining flexible can smooth this process and help avoid the need for court intervention. A Toronto family lawyer from Anthony Family Law can advise you and offer guidance and support when visitation modification issues arise, especially in Toronto and the Greater Toronto Area.

Consider the Child’s Age

When developing a visitation schedule, the primary focus must be on the child’s needs. The court may assess factors such as:

• The child’s age and stage of development
• Their emotional and physical well-being
• Their relationship with each parent
• Stability in education and extracurricular activities

A schedule that allows your child to maintain their routine while fostering strong bonds with both parents will be considered ideal.

Holiday Plans

Holidays can pose issues for parents who want to spend time with their children on birthdays, religious holidays, and other important dates. Holiday schedules can be resolved in various ways, whether parents have a child on holidays or splitting hours of an important day. Agreeing on holiday sharing is essential for avoiding last-minute conflicts and helping a child enjoy important holidays without added stress or emotional upheaval.

Travel and Relocation Issues

If one parent often needs to travel or plans to relocate, the impact on the visitation schedule should be discussed long in advance if it will affect the visitation schedule. A parent who wants to move (relocate) with a child is required to provide a legal written notice to the other parent, and the wish to move away can be challenged in court.

A Predictable Schedule and Child Well-Being

Children are more likely to flourish under a structured, predictable visitation schedule. The most common types of parenting plans include:

• Alternating weekends: One parent has the child on weekends, while the other has them during the week.
• Week-on, week-off: Ideal for older children who are more comfortable with transitions between homes.
• Split weekdays: The child spends certain weekdays with each parent (e.g., Monday–Wednesday with one parent, Thursday–Sunday with the other).

Children in Danger

In some cases, a child may be in danger or harm, or a parent believes the child may be removed to another province or country. In these cases, a temporary court order must be sought immediately. It is advised that you engage the services of a Toronto family law attorney immediately if you are concerned that your child may be at risk due to criminal activities, drug or alcohol use, or domestic violence.

The Ontario Mandatory Information Program (MIP)

The “Mandatory Information Program” (MIP) in Ontario is a free session in which parents are provided with the information they need about the legal process of divorce or separation. Issues regarding the impact of divorce or separation on children, as well as the various options for resolution, are discussed. These programs are the first step in the family court process and are mandatory to attend when a divorce involves support, parenting time, or decision-making responsibility. Parents must be aware of the impact of divorce on children and focus on ensuring the children do not suffer needlessly.

Your Advocate in Child Visitation Matters in Toronto: Anthony Family Law

At Anthony Family Law, we are honoured to be trusted by our many clients to resolve the most urgent family law matters. We bring extensive litigation experience to issues involving parenting time (custody) and decision-making responsibility as well as with those working to be resolved through mediation or other alternative dispute resolution solutions. Additionally, we assist clients in renegotiating parenting time and decision-making agreements and also in filing motions for or negotiating holiday time and travel arrangements.

Contact our firm at 647-933-2397 to discuss your situation and help you establish a functional, fair child visitation schedule.

Understanding Child Support Laws in Toronto

Child support in Ontario is governed by the Federal Child Support Guidelines, the Divorce Act, and the Family Law Act for married couples. Common-law couples are governed by the Ontario Child Support Guidelines and the Children’s Law Reform Act. These laws ensure that children receive financial support from both parents. Understanding the legal framework these statutes create is an important step. If you are facing a dispute over child support payments, retaining the services of an experienced family law lawyer in Toronto is even more crucial to help you achieve a viable solution as soon as possible. In this post, the singular “child” refers to one or more children.

Determining Child Support Obligations

The Federal Child Support Guidelines aim to provide consistency and fairness in financial calculations for married couples across Canada. They outline how child support payments are determined, including the following:

•   Basic child support amounts: Based on the paying parent’s income and the number of children, though often considers both parties’ income and what is set out in the parenting arrangement.
•   Special or extraordinary expenses: Additional costs like tuition, medical expenses, or extracurricular activities.
•   Changes in financial circumstances: How to request modifications if income or expenses change.
•   Enforcement mechanisms: Ensuring compliance through the Family Responsibility Office (FRO).

When child custody and visitation arrangements are first made, these guidelines will be followed to establish who will pay child support, for how long, and how much. If the judicial directives are followed, there is no need for enforcement. In the case of a dispute or non-payment, you can take legal action.

How Can I Enforce a Child Support Order in Toronto?

If a parent fails to make court-ordered payments in Ontario, the Family Responsibility Office (FRO) enforces court-ordered support. The FRO has several enforcement tools at its disposal, including the following:

•   Wage garnishment: Under Section 20 of the Family Responsibility and Support Arrears Enforcement Act, the FRO can issue a Support Deduction Notice to an employer, requiring them to deduct child support payments directly from the payor’s wages.
•   Driver’s license suspension: If payments are overdue, the FRO can request the Ministry of Transportation to suspend the delinquent parent’s driver’s license until payments are made.
•   Asset seizure: The FRO can place a lien on personal property or initiate legal action to seize assets, including bank accounts and real estate.
•   Passport and federal license suspension: The FRO can request that the Government of Canada suspend passports and federal licenses (such as hunting or fishing).
•   Credit reduction: Missed payments can be reported to credit bureaus, negatively affecting the payor’s credit score.

How Can a Family Lawyer Help Enforce Child Support Payments in Ontario?

The FRO provides robust enforcement mechanisms, but it can be slow. When time is of the essence, or a situation has continued for too long, a family lawyer can take the following actions to advance your case:

•   Expedite enforcement actions by ensuring all documentation is submitted correctly.
•   Assist in negotiations with the FRO to set up payment plans or resolve disputes.
•   Represent your case in court if the payor disputes the enforcement measures.

How Do I Modify an Existing Child Support Agreement?

Life circumstances change, and so do financial situations. If a parent experiences job loss, illness, or other significant financial shifts, they may need to modify binding child support obligations. A family lawyer in Ontario can assist in filing the necessary documents when the parenting relationships are contentious. If that is the case, you will need to file a “Motion to Change” along with a group of supplementary supportive documents, including significant financial disclosure, that explain your current financial position and why you are requesting an update to the existing child support payment plan. The judge will review your submission for approval. Such requests require strong financial evidence with supporting documents and reasoning; a Toronto family attorney can advise if your arguments are legally sound.

Resolving Child Support Disputes Through Mediation

Mediation is often a faster and less adversarial way to resolve child support disputes. A neutral mediator helps both parties reach a fair and legally binding agreement. A mediator is a paid service provider. Our firm has extensive experience in alternative dispute resolution, assisting parents to find amicable solutions without the stress of court proceedings.

Taking Child Support Disputes to Court

If mediation fails, litigation may be necessary. The Ontario Court of Justice and the Superior Court of Justice (Family Court) handle child support disputes. We have a proven track record of representing clients in court, ensuring that the child’s best interests are protected while advocating fair financial support. Note, however, that litigation can be costly and should be weighed against the amount you want to recuperate or reduce in payment.

Handling Child Support in High-Income Cases

Child support calculations can become complex for high-income earners and in high-net-worth scenarios. The courts have discretion to deviate from the standard guidelines. Some considerations that our experienced Ontario family lawyers can help you address include the following:

•   Income over $150,000: When your income exceeds $150,000, courts can either follow the standard table amount or adjust it based on the child’s needs. Judges may consider lifestyle, educational costs, and extraordinary expenses when determining a reasonable amount.
•   Bonuses, stock options, and business income: If you receive annual bonuses, stock options, or profit-sharing, the court may average your income over several years to ensure fair calculations. Self-employed individuals and business owners must disclose all sources of income, including retained earnings in corporations. Our firm can assist you in making sure these calculations are fair and adjusted.
•   Special and extraordinary expenses: Like all child support calculations, extracurricular activities, school expenses or tuition costs, travel, and medical expenses may be added to the standard child support amount.

Working with a family lawyer in Ontario helps ensure that financial disclosures are accurate and that calculations represent income and obligations fairly. Family lawyers from our firm can also negotiate settlements or structured support agreements that minimize unnecessary litigation.

Judicial Discretion and Fairness

Unlike standard cases that are determined by the Federal Child Support Guidelines, judges in high-income disputes can determine what is reasonable and proportionate to the child’s needs. Courts must avoid overcompensation, ensuring support is for the child’s benefit and not a disguised form of spousal support.

Child Support for Adult Children

In Ontario, child support obligations may extend beyond 18 for several reasons, such as the child is in full-time education, has a disability, or has long-term medical needs. Courts assess the child’s financial needs and the parent’s ability to contribute. Legal counsel can assist you in resolving the complexities of extended child support obligations. There is also a formal process for winding down or terminating child support.

Why Choose Anthony Family Law for Child Support Disputes?

Anthony Family Law has extensive experience handling child support disputes in the Greater Toronto Area and Windsor. We offer strategic guidance, assertive advocacy, and a client-focused approach to resolving conflicts efficiently. Our skilled family lawyers bring unique skill sets from backgrounds in dispute resolution, commercial litigation, and financial law, making solving even the most complex support situations possible. Whether through mediation or litigation, we are committed to securing fair and legally sound child support arrangements.

Contact us today at 647-933-2397 for a free 20-minute consultation. Take the first step toward effectively resolving your child support matter.

When facing the financial aftermath of a separation or divorce in Toronto or other Ontario communities, understanding the tax implications of receiving alimony—commonly referred to as spousal support—is crucial. Spousal support can significantly impact your taxable income and overall financial situation, making it essential to grasp the rules set forth by Canadian law.

Alimony Under Canadian Law

Alimony, or spousal support, refers to the financial payments one spouse makes to the other following a separation or divorce. These payments address economic disparities between spouses, ensuring that one party does not experience undue financial hardship due to the relationship breakdown.

In Ontario, the Family Law Act governs spousal support for common-law partners. At the same time, the Divorce Act (R.S.C., 1985, c. 3 [2nd Supp.]) applies to married couples. The legal team at Anthony Family Law can assist with spousal support agreements for residents of Toronto or other Ontario communities. The laws aim to provide a fair distribution of financial resources based on the circumstances of the relationship and its dissolution.

Whether you’re the payer or recipient of spousal support, understanding the tax implications under Canadian law is vital to managing your finances effectively.

Is Alimony Taxable?

The Income Tax Act (R.S.C., 1985, c. 1 [5th Supp.]) sets clear rules on the taxation of spousal support. In most cases:

• Periodic spousal support payments are considered taxable income for the recipient. If you receive these payments, you must include them in your total income when filing your annual tax return.
• The payer of periodic spousal support can deduct these payments from their taxable income, thereby reducing their tax liability.

One critical distinction in Canadian tax law is the difference between periodic payments and lump-sum payments:

• Periodic payments are recurring payments made at regular intervals (e.g., monthly or quarterly). These are generally taxable for the recipient and deductible for the payer.
• Lump-sum payments are typically one-time payments made to settle spousal support obligations. These payments are not considered taxable income for the recipient and cannot be deducted by the payer.

A written agreement or court order must explicitly state the spousal support arrangement for periodic payments to qualify as taxable and deductible. Payments made without this documentation do not meet the criteria under the Income Tax Act.

Factors That Impact Tax Obligations for Alimony

Several factors can influence the tax treatment of spousal support in Canada. Understanding these nuances is essential to ensuring compliance with the law and avoiding unexpected tax liabilities. These factors include the type of payment, the existence of proper documentation, and the timing of payments.

Type of Payment

Understanding how the type of spousal support payment impacts your tax obligations is crucial for effective financial planning. The tax treatment varies significantly based on whether the payment is periodic or a lump sum:

• Periodic payments: These are taxable for the recipient and deductible for the payer. They are made at regular intervals and are subject to strict documentation requirements.
• Lump-sum payments: These payments are neither taxable for the recipient nor deductible for the payer. As a result, they do not affect either party’s annual income tax filings. This distinction is critical for financial planning, as lump-sum payments may not offer the same tax benefits.

Written Agreement or Court Order

Spousal support payments must be specified in a written agreement or court order to qualify for favourable tax treatment under the Income Tax Act. This formal documentation serves as proof for the Canada Revenue Agency (CRA) and ensures clarity for both parties. Without it, periodic payments may lose their deductible and taxable status, leading to potential disputes and compliance issues.

Timing of Payments

The timing of spousal support payments is another crucial factor. Payments made before a written agreement or court order is finalized typically do not qualify as deductible for the payer or taxable for the recipient. It is advisable to formalize all spousal support arrangements promptly to ensure compliance with CRA regulations and avoid unnecessary complications. Delayed documentation can lead to missed tax benefits and legal ambiguities.

Other Considerations

Several additional factors should be considered when assessing the broader impact of spousal support. These considerations may not directly fall under the primary tax guidelines but can still significantly influence your financial planning and compliance efforts:

• Residency: If one party resides outside of Canada, this may impact how the CRA treats spousal support payments.
• Taxable thresholds: Be aware of how additional income from spousal support could push the recipient into a higher tax bracket, affecting overall tax liability.

By carefully considering these factors, payers and recipients can better handle the tax implications of spousal support, ensuring legal compliance and minimizing financial stress.

Practical Tips for Managing Alimony Tax Obligations

Managing the tax implications of spousal support can be complex, but taking proactive steps can help you navigate this process smoothly. Here are some practical tips for recipients of spousal support:

• Keep detailed records: Maintain thorough documentation of all spousal support payments received, including dates, amounts, and the payer’s information. Detailed records will help you accurately report your income to the CRA.
• Understand your reporting obligations: Spousal support must be reported as taxable income on your annual tax return. Ensure you include the total amount received during the tax year.
• Consult a tax professional: Consider working with a Toronto-based tax professional familiar with Ontario-specific tax considerations. They can provide tailored advice based on your unique circumstances, ensuring you comply with all legal requirements while minimizing tax liability.

For payers, maintaining similar records and seeking professional advice is equally important to ensure the deductibility of payments.

How Alimony Affects Other Benefits and Credits

Receiving spousal support can impact your eligibility for various government benefits and tax credits, as it increases your taxable income. Here are some key programs to consider:

• GST/HST Credit: The Goods and Services Tax/Harmonized Sales Tax (GST/HST) credit is a tax-free quarterly payment to help individuals and families with low or modest incomes offset the cost of GST or HST. Since spousal support increases your taxable income, it may reduce your eligibility for this credit.
• Canada Child Benefit (CCB): The CCB is a tax-free monthly payment to families with children under 18. Your taxable income, including spousal support, affects the CCB you receive. Higher taxable income may result in lower CCB payments.

Understanding how spousal support affects these programs can help you plan your finances more effectively.

Seek Legal and Financial Guidance

The tax implications of receiving alimony in Canada can be complex, involving multiple factors such as the type of payment, written agreements, and the timing of payments. The Income Tax and Divorce Acts provide clear guidelines, but individual circumstances often require professional interpretation.

Whether you are the recipient or payer of spousal support, seeking advice from legal and financial professionals is essential. A family lawyer can help you understand your rights and obligations under Canadian law. At the same time, a tax professional can assist with CRA requirements and optimize your financial situation.

Anthony Family Law offers exceptional guidance on spousal support and family law matters for residents of Toronto and the Greater Toronto Area. Call 647-933-2397 today to ensure compliance with Canadian law and the ability to maintain your financial stability.

What Is Joint Child Custody?

Child custody – parenting time and decision-making responsibility in Ontario – can refer to two specific situations for parents.

• Physical custody (parenting time). This is where the child lives. In joint parenting time, each parent has the child with them for a specified period. That doesn’t necessarily mean the periods will be equal; for example, if one parent lives closer to the child’s school, the child may stay with them during the week so they have easier access to their education and spend the weekends with the other parent. 
• Legal custody (decision-making responsibility). This refers to the critical decisions that need to be made for a child’s well-being and are defined in Ontaro’s Children’s Law Reform Act as: health; education; culture, language, religion, and spirituality; and significant extra-curricular activities. In shared decision-making situations, the parents must make these decisions together, which can involve negotiation and compromise. The small daily decisions are handled by whichever parent the child is with at that time, such as whether the child can have a friend over after school.

Can Child Support Be Ordered if the Parents Share Joint Physical Custody?

People may assume that if physical child parenting time is divided as close to 50/50 as possible, there’s no reason for one parent to pay financial child support to the other. However, that’s not always the case, particularly when one parent has a much higher income than the other.

The court can determine an amount each parent would be responsible for, and then they would subtract the lower amount from the higher amount. The net amount would be what the court orders the higher-earning parent to pay.

How Is Child Support Calculated in Ontario?

In Canada, child support amounts are calculated using federal child support tables. These calculations take into account each parent’s income and the number of children involved.

Is Child Support Based on a Percentage of the Parent’s Income?

The monthly support for ordinary daily expenses is based not on a percentage of the paying parent’s income but on the federal child support tables mentioned above. That table calculates support amounts for a paying parent who earns between $12,000 and $150,000 annually. If the parent earns more than that, the courts have some latitude to adjust the amount accordingly, factoring in the lifestyle the child is used to, the financial situation of each parent, and what extraordinary expenses exist.

The court determines how extraordinary expenses are handled and calculates them based on factors including the number of children and the paying parent’s income, but not the recipient’s.

Is the Federal Child Support Table Amount Always the Amount That the Court Orders?

The tables usually set the amount for parents with incomes between $12,000 and $150,000, but there are some exceptions.

• The paying parent is a stepparent.
• The paying parent faces undue financial hardship or difficulties paying.
• The child is not a dependent.

In these cases, the court may order a support amount lower than the tables recommend, or they may not order child support payments at all. If you’re concerned that the amount you may be ordered to pay falls into one of these categories, contact an experienced child support lawyer in Ontario for assistance. 

How Long Do I Have to Pay Child Support?

In general, a parent pays child support until the child turns 18, or if the child moves out and becomes independent before turning 18, support ends when the child moves out. However, there are some exceptions. If the child attends undergraduate or graduate school full-time, the parent may pay until the education is completed. It’s more likely they’ll pay during the undergraduate degree than a graduate degree, but there are times when the court orders payments through advanced education.

If the child is disabled or has a chronic illness that affects their ability to earn a living, the parent may pay indefinitely.

Can Child Support Be Changed or Cancelled?

Either is possible, but there must be proof of a material change for the court to consider either action. A material change could be:

• The paying parent has a significant change in income, whether an increase or decrease.
• The dependent child develops a chronic illness or disability that wasn’t present when the original child support was ordered.
• The paying parent develops a chronic illness or disability.
• The child gets married. 

What Should I Do if I Need Help with Child Support Payments in a Joint Parenting Situation?

Call Anthony Family Law at 647-933-2397 to schedule a free consultation. Divorce is one of life’s most stressful events, and it can be even more so when issues of child custody and support are involved. Our team of experienced, knowledgeable child custody and support lawyers understands what’s at stake and how important this is to you. We can review the specifics of your case and help you determine what approach might lead to the best possible outcomes.

Divorce is a life-changing event. In particular, high-conflict divorces often involve significant emotional distress, contentious disputes, and sometimes a prolonged court battle. Whether it’s disagreements over property division, parenting, and decision-making matters, or spousal support, high-conflict divorces demand a strategic and sensitive approach.

Effective Communication During High-Conflict Divorces

Communication breakdown is one of the most significant contributors to high-conflict divorces.

When a divorcing couple has constant tension, it can be challenging to communicate genuinely and effectively. This results in further emotional stress and slows down the process even more. A primary role of the divorce lawyer in high-conflict cases is to act as a mediator or buffer between the parties. Mediation involves a neutral third-party mediator helping the couple discuss their issues and work toward a resolution outside court. It can be a much less confrontational and more cost-effective approach than a trial. This increases the likelihood that communication is productive toward finding a reasonable conclusion to the divorce.

A lawyer might suggest a collaborative divorce if mediation doesn’t work or the conflict is too high. In a collaborative divorce, both parties retain their lawyers, but instead of proceeding through the court system, they commit to working together to resolve issues in a series of meetings. The collaborative process typically involves other professionals such as financial experts, child specialists, or therapists, which can help ensure that both spouses’ interests, including emotional and economic needs, are considered.

Not knowing the next best step during a divorce is often overwhelming. Consulting with a divorce lawyer who knows how to make a legally sound plan can be an advantage in times of turmoil. At Anthony Law, we specialize in handling our client’s cases with the dedication and care each deserves. Call us today for a free case evaluation at 647-933-2397.

Seeking Professional and Emotional Support

A lawyer who shows understanding can help reduce the client’s anxiety about the process, which often mitigates emotional volatility in the divorce proceedings. Helping the client maintain a sense of perspective about the long-term effects of the divorce while managing short-term frustrations will lead to better decision-making. In addition to emotional support, lawyers should encourage their clients to seek counseling or therapy. High-conflict divorces can be tough on mental health, and having access to a therapist can help clients manage their emotional turmoil and gain perspective. When spouses in a high-conflict divorce have emotional support, they may be more willing to engage in constructive dialogue.

In high-conflict divorces that involve children, there may be cases of parental alienation, where one parent attempts to turn the child against the other parent. This form of manipulation can be very harmful to the child’s well-being and further fuel the conflict. In such cases, the lawyer may involve psychologists or other experts to assess the situation and recommend strategies to protect the child’s emotional health. A lawyer or a professional might recommend a parenting coordinator who helps manage the ongoing conflict between parents, ensures that the children’s needs are prioritized, and provides guidance on how both parents can interact in a healthier, less confrontational way. When both parents can step back from the conflict and focus on their children’s well-being, it often leads to more cooperative co-parenting arrangements. For reliable information on children’s issues and detailed documents,

Possibility of Litigation and How To Minimize It

While not all high-conflict divorces can be resolved through mediation or collaborative law, lawyers must strive to minimize the impact of litigation. Trials can be costly, emotionally draining, and time-consuming. For individuals embroiled in a high-conflict divorce, the thought of a lengthy court battle is often terrifying. As such, one of the primary objectives of any divorce lawyer in Toronto is to minimize the need for courtroom intervention while protecting the client’s interests.

One of the most potent tools a person can use in a divorce proceeding is negotiating and executing a separation agreement.

Both parties work to find areas where they can give and take to settle many if not all, outstanding issues between them. They draft a written legal contract outside of court and without a judge, ideally with legal counsel on both sides. Even in the most contentious divorces, it is often possible to find common ground. However, if all attempts at settlement fail and both parties are unwilling to compromise, litigation might be inevitable.

The Role of a Divorce Lawyer

A divorce process with high tensions and difficult communication is a process that hurts all parties involved. It’s in your best interest to seek a lawyer who can meet your case’s unique obstacles and support you along the way. Strategizing with your lawyer and carefully considering the path forward will increase your chances of ending the process sooner and with fewer issues. Even in the most contentious divorces, it is often possible to find common ground. Divorce lawyers will look for creative solutions to disputes that can help resolve issues without litigation. At Anthony Family Law, we know that our clients put their trust in us to give them the tools they need to make meaningful progress in their cases and help resolve them. Call us today at 647-933-2397 to schedule a free consultation.

What Rights Do Grandparents Have in Toronto?

It can be challenging to think in legal terms about what rights grandparents may have. Sadly, there are many times when parents separate and divorce, and one parent tries to withhold access to the grandchildren from the grandparents. This can be stressful for grandparents and also for the grandchildren who have previously had those grandparents as an essential part of the foundational years of their lives.

In Ontario, two laws apply to this situation depending on whether the parents have been previously married.

When parents have not married, the Children’s Law Reform Act (CLRA) may apply. This act gives grandparents the ability to request the court to grant them visitation. However, it doesn’t guarantee the court will allow it.

If the parents were married, the Divorce Act applies. Like the CLRA, it allows grandparents to request access to their grandchildren, but it doesn’t guarantee it. Unlike the CLRA, the Divorce Act requires non-parents to obtain the court’s permission first before they can apply for contact time with grandchildren.

What Factors Does the Court Use When Determining if Grandparents May Be Awarded Visitation Rights?

First and foremost, the family courts look at what’s in the child’s best interest. Every decision made by the court is influenced by that. The following factors are considered, too, but usually through the lens of what is best for the child:

• The relationship the child has with the grandparents. If the grandparents have been actively involved in the child’s life and are an essential part of it, the court may consider that the grandparents should continue to be involved. The reverse is also true; if the grandparents don’t have a history of being involved, the court may find that it’s not in the child’s interest to start a relationship while the child’s parents are divorcing.
• The ability of the grandparents to care for the child while visiting.
• The relationship the child has with each parent.
• The child’s age and stage of development. This can include evaluating the child’s need for stability and reliable routines and whether or not the grandparents provide some of that. 
• The child’s current and future needs for care and support. 
• The child’s wishes (depending on the age and maturity level).
• The ability to communicate effectively and calmly between parents and grandparents.
• The upbringing of the child to date, including any cultural and spiritual heritage (which includes Indigenous heritage).
• Whether or not there’s a history or current incidence of family violence that could affect the child. 

If you’re uncertain of your standing with your grandchildren, contact an experienced grandparents’ rights lawyer who understands not only the relevant laws but also your concerns and hopes for the future when drafting an approach to negotiation or court. 

Does a Parent Have the Right to Withhold Visitation from a Grandparent?

The answer to this is: It depends. The bottom line for the court is what’s in the child’s best interests. If a parent can conclusively prove that the child visiting the grandparents would cause the child more harm than good, the court may allow the parent to withhold visitation. However, if the court believes the child would benefit from having their grandparents involved in their life, the court may order the parent to allow visitation.

How Do We Pursue Getting Legal Visitation Rights with Our Grandchild?

The first step is to work with an experienced grandparents’ rights lawyer in Ontario who can review your case and help you understand what might be possible. Obviously, the best course of action would be to come to an agreement with the child’s parents, but that is not always possible. In those cases, the grandparents need to file a contact order with the court requesting visitation. They should be prepared to explain how this is in the child’s best interests and be prepared to counter claims from the parent that the grandparents shouldn’t be allowed visitation.

This can be highly stressful. It’s vital to remain calm when working through this process, but that can be tremendously difficult. Your lawyer can help you through the steps and remind you to remain calm.

Can Grandparents File for Custody of Their Grandchildren in Toronto?

Under many circumstances, grandparents wouldn’t be granted custody of their grandchildren if the only reason is that the grandparents want to. However, there are some situations in which the courts may consider granting them custody.

• Parental violence. Whether the parental violence is directed at the child or between the parents, that environment isn’t conducive to a safe upbringing. This requires proof of the violence and that the grandparents have a relationship with the child.
• Unfit parents. Whether it’s because of addiction, mental health issues, or neglect of the child, there are times when parents can’t manage the requirements of parenting. 
• Death. If the parents pass away, the grandparents may want to legally adopt the grandchildren. 

What Should We Do if We Want to Pursue Getting Legal Visitation with Our Grandchildren?

Call Anthony Family Law as soon as possible at 647-933-2397 to schedule a free consultation. We understand how crucial it is for you to be part of your grandchildren’s lives. We also understand how it can be equally vital for your grandchildren to have you in their lives. Our team of experienced, knowledgeable grandparents’ rights lawyers in Ontario can review your case and help you understand what your rights are and what the legal approach should be to achieve optimal outcomes.

Do You Share a Child With the Spouse You Are Divorcing?

When divorcing spouses are also parents, the difficulties that a divorce entails are multiplied. If you are divorcing or anticipating a divorce in Ontario, and if you share a child with the spouse you are divorcing, a Toronto child custody lawyer can help. In Ontario, custody and access are grouped under parenting arrangements and are called decision-making responsibility and parenting time.

If you and your partner can agree on the custody and child support arrangements, you will both save time and money and avoid a great deal of aggravation. An Ontario child support lawyer can help you prepare child custody and child support agreements that a judge will approve.

But if your divorce is hostile or bitter, and if you can’t reach agreements about child custody or child support, a judge will make those decisions. Your lawyer will explain Ontario’s parenting arrangement and child support laws, answer your questions, and prepare the legal paperwork on your behalf.

Is a “Final” Divorce Agreement Always and Really Final?

Even if your “final” divorce agreement settled a child custody or child support dispute, in the future, changing life circumstances may require you – or your ex – to ask the court for a modification of the child custody or child support agreement.

How do you have the court modify a child custody or child support order in Ontario? What do you have to prove to the court? And if you request the modification of a child custody or child support order, can your ex challenge that request in court?

How Can You Change a Child Custody or Child Support Order?

Either parent may ask a court in Ontario to modify a child custody or child support order if that parent’s (or the child’s) life situation has changed and a modification is necessary. For instance, a child custody or child support order may have to be modified if:

1. The child’s medical or educational needs have changed.
2. Either parent becomes disabled, seriously ill or injured, incapacitated, or unemployed.
3. Either parent remarries or becomes the parent of a newborn with a new partner.
4. Either parent wants or needs to relocate to another jurisdiction.
5. Either parent is convicted of a serious crime or institutionalized for some other reason.

Modifying a custody or child support order is a quite complicated legal procedure, so you must have an Ontario family law lawyer prepare the legal documents that will be needed to begin the modification process.

How Often Can You Modify a Child Support Order?

A private agreement between parents to modify a child support order has no legal force. After the parents negotiate and sign a child support modification agreement, your Toronto child support lawyer will help you complete Form 15D and will submit that form to the court on your behalf.

Most voluntary child support modifications between divorced parents are approved, but the court may hold a hearing to make certain that the agreement is in the child’s best interests. The court will consider a modification only after a significant change in circumstances.

Not all changes in income justify a child support modification, and not every request for a child support modification requires a hearing. Your child custody lawyer can provide personalized advice that will apply to your own situation. There is no limit to the number of times a child support order may be modified. What is required is a significant change in circumstances such as those listed above.

How Often Can You Modify a Child Custody Order?

If both divorced parents agree on a proposal to change their child custody order, your lawyer can submit a consent request to the court, and provided that the agreement is in the child’s best interests, the court should approve it.

If the other parent contests your proposed modification, your lawyer will file a motion requesting the modification. A court hearing will be scheduled where you and your lawyer will present your case for the modification and your ex (and his or her lawyer) will make the argument against it.

Like child support orders, there is legally no limit to the number of times a child custody order may be modified, but a modification will be granted only if there has been a considerable change in circumstances and if the modification is deemed by the court to be in the child’s best interests.

What Else Should Parents Know About Modifying Court Orders?

Whether your request to modify a child custody or child support order will be approved depends on the facts of the case. There are no guarantees. Whether you are requesting a modification or challenging a request by your ex, you must have sound legal advice from a child custody lawyer from the beginning.

Especially if you have been ordered by the court to make child support payments, but you are no longer able to continue making those payments, you must reach out to an Ontario family lawyer immediately and ask that lawyer to help you modify the court’s child support order.

A failure to make timely child support payments may be penalized with the garnishment of your wages and/or bank accounts, the suspension of your driver’s license and/or passport, and/or, in the most egregious cases, time in jail.

Let Anthony Family Law Advocate on Your Family’s Behalf

If you need to modify a divorce-related court order in the GTA or in Windsor, bring the matter immediately to the legal team at Anthony Family Law. Family lawyers Jeffrey Ordon and David Anthony have established a reputation for extraordinary client service and effective courtroom representation.

Anthony Family Law will review with you the requirements for the modification of a court order and will advise you through every step of the legal process. We will submit the paperwork to the court, prepare you for any hearings, and accompany you when and if a hearing is scheduled.

We are skilled and experienced at resolving the most complex and contentious child custody and child support disputes. If you need a court order modified or help with any other matter of family law, now or in the future, promptly call the offices of Anthony Family Law at 647-933-2397.

How Does Spousal Support Work and Is it Always Necessary?

Spousal support, also known as alimony to some, can be awarded by a family law judge during divorce cases. Through spousal support (alimony), the law attempts to ensure that both separating spouses continue to live comfortably after their marriage or relationship ends. Courts will assess the lifestyles and financial position of each spouse pre-divorce to determine what the court believes to be an appropriate payment for the other partner, either as a lump sum or, more often, with regular payments over a certain period of time. Depending on the unique circumstances of each party, spousal support or alimony may be required for short-term or long-term periods, whatever the judge believes is necessary to help an individual maintain a certain quality of life while readjusting financially following the dissolution of the marriage or relationship.

In recent years, with more women in the workforce, spousal support or alimony has become less common than it used to be. However, spousal support (alimony) negotiations still play a significant role in divorce law. Spousal support (alimony) is not awarded in every divorce case and will only be ordered if a judge deems it necessary. If both spouses have more or less equal earning potential following the division of assets, compensation from one spouse to the other may not even be an issue.

How Should Spouses Negotiate Spousal Support or Alimony Arrangements?

When negotiating for a fair spousal support or alimony settlement during divorce proceedings, you must negotiate fairly. A family law judge can deem negotiations unfair if it is proven that undue pressure or coercion was applied to make the other spouse sign an agreement. You must enter negotiations with a willingness to communicate and an ability to be fair and just.

While you should make a list of your needs, such as your need to receive spousal support/ alimony or the need to stay in the matrimonial home, it is also important that you remain realistic. You’re not going to get everything you want.

You must try to stay in control of your emotions during the negotiation process. In some divorce cases, this may be near impossible for certain spouses. For that reason, among so many others, you should retain the representation of a lawyer experienced in family law cases to speak for you during these times.

Both spouses should be prepared to share an accurate and complete assessment of their income, debts, and personal assets when negotiating spousal support or alimony. Intentionally leaving out any vital information from your financial statement can damage credibility with the Court and result in problems later in your case.

One method that can possibly speed up the alimony negotiation process is making an offer to settle. A written offer to settle is a formal proposal listing the compromise on certain issues that a party is prepared to make to resolve open issues in your divorce proceedings. Such offers can be made at any time.

What Are Tips and Strategies for Successful Spousal Support or Alimony Negotiations?

Do not be afraid to take the first step to settle your family law matters with your soon-to-be ex-spouse. Many spouses fear taking that first step, believing that it could be perceived as a sign of weakness. But actually, we believe it to be a sign of strength. You are far more likely to move on with your life sooner if you are willing to take that first step instead of waiting for the other spouse to take it for you or you both ignoring it completely for a time.

• Don’t get too personal: It can be tricky, even impossible for some of us, but try not to get too personal with your spouse during divorce proceedings. Making mean, derogatory, and curse-laden remarks to each other can dramatically hinder alimony negotiation efforts. If you must vent your frustrations, do so out of earshot of your spouse, the judge, and any children you may have.
• Always be willing to negotiate: Refusal to negotiate or communicate, even if just through counsel, can result in a longer and more difficult case, potentially leading to litigation or a courtroom trial.
• Be willing to adjust your lifestyle: If you make more than your soon-to-be ex-spouse, you may be asked to provide spousal support (alimony). To prepare for the cost, it is wise to consider adjusting your lifestyle to reduce monthly expenses, such as living more modestly.
• Remain honest at all times: Failure to disclose vital information that has been requested or ordered by the courts could be considered concealing assets and be met with harsh penalties.
• Be open to mediation: Mediation can be a helpful negotiation alternative. During mediation, a neutral third party, known as the mediator, helps the two divorcing spouses reach common ground through useful discussions.

Try to consider the long-term implications of your support case and the divorce proceedings at large. Many spousal support agreements are not long-lasting or indefinite. Attempt to negotiate for a final agreement that provides short-term protection and consider extended spousal support in the case of a lengthy relationship or marriage.

When is it Not Suitable to Engage in Negotiations?

Negotiating a fair divorce settlement and support arrangement with your ex is not always recommended.

Negotiation may not be suitable in some circumstances, including but not limited to:

• When there is cause to believe that one parent may engage in parental kidnapping and take your child out of the country;
• When there is a history of domestic violence or abuse;
• Where there is the belief that one spouse is trying to hide critical information, including financial assets and disclosure. 

Can Spousal Support/ Alimony Be Modified or Terminated at a Later Date?

Spousal support or alimony arrangements can be modified or terminated based on several potential conditions. Modifying an agreement or an order for spousal support (alimony) usually requires an unexpected and significant incident or set of circumstances that significantly influence one or both parties’ livelihoods. Examples include substantial changes of circumstances for either spouse, including disease, catastrophic injury, job loss, or a significant pay raise.

If you are considering seeking a change to a spousal support or alimony arrangement, we recommend you retain professional legal counsel from experienced family law lawyers. Contact our law firm for legal assistance.

Contact Us for a Free Consultation with Our Compassionate Legal Team Today

Legal guidance can make all the difference between successful and failed spousal support (alimony) negotiations. We encourage all spouses going through divorce to consider retaining the legal representation of an experienced and knowledgeable family law lawyer. Our legal team has extensive experience representing clients in complex family law cases, including spousal support or alimony negotiations. To learn more about our legal services, please contact our law office to schedule a free case evaluation today. You may reach us at 647-933-2397.

Matrimonial Homes and Divorce: Key Considerations for Couples Splitting Up 

David Anthony, Jeffrey Ordon, and Tyler Sparrow-Mungal (Student-at-Law) from Anthony Family Law in collaboration with Bram Sandow, Divorce Real Estate Made Simple* 

Defining the matrimonial home plays a pivotal role in many family law cases. Understanding how matrimonial homes are treated under the Family Law Act in Ontario during a divorce or separation is essential for making informed decisions and ensuring that your interests are protected. 

What is the Family Law Act? 

In Ontario, the Family Law Act is the law that governs “the orderly and equitable settlement of the affairs of the spouses upon the breakdown of the partnership,” including but not limited to matrimonial homes, support, and property. 

What is a Matrimonial Home? 

According to the Family Law Act, for a property to qualify as a matrimonial home, a spouse must have an interest in the property and, if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence. 

Can You Have More Than One Matrimonial Home? 

Yes, a couple can have more than one matrimonial home if the residences are all “ordinarily occupied” by the spouses at the time of separation. Whether a property qualifies will depend on the circumstances of each case. 

How Do I Designate a Matrimonial Home? 

One or both spouses may designate property owned by one or both as a matrimonial home online with the Ontario land registry office.  

Designation by One Spouse: 

If only one spouse designates a property as a matrimonial home, any other property that qualifies as a matrimonial home under Section 18 remains a matrimonial home. 

Designation by Both Spouses: 

If both spouses designate a property as a matrimonial home, any other property that is a matrimonial home under Section 18 will stop being a matrimonial home.  

What Happens if the Matrimonial Designation is Cancelled? 

When both spouses designate the same home as a matrimonial home and then it is cancelled, Section 18 applies again. Any property that qualifies as a matrimonial home under Section 18 will again be considered a matrimonial home. 

Can I Sell or Mortgage the Matrimonial Home 

You cannot sell or put a mortgage on the matrimonial home without one of the following:  

1. Consent: Your spouse must agree to the transaction;   
2. Separation Agreement: Your prior spouse must release their rights to the property in a separation agreement;
3. Court Order: A court must authorize the transaction or release the property from the application of the Family Law Act;
4. Matrimonial Designation of Alternate Property: The existence of another property that is currently designated as a matrimonial home by both spouses  

Can My Spouse Sell or Mortgage the Matrimonial Home? 

If a spouse tries to sell or mortgage the matrimonial home, the transaction may be set aside by an application to the court if they do not fulfill the criteria outlined above. However, the transaction will not be set aside if the person who acquired an interest in the property: 

1. acquired it for value; 
2. acted in good faith; and  
3. was unaware that the property was a matrimonial home at the time of acquiring it or making an agreement to acquire it. 

Why Should I Designate a Matrimonial Home? 

Designating a property as a matrimonial home can protect you from having it sold or mortgaged without your knowledge, as this designation appears on the property’s title. This designation will inform anyone dealing with your spouse that the property is a matrimonial home and requires them to meet one of the four criteria listed in the Family Law Act before they can list the home for sale or put a mortgage on the home. 

Considerations During Relationship Breakdown 

Who Owns the Matrimonial Home? 

When a marriage breaks down, one of the most contentious issues can be who gets the matrimonial home. The spouse that holds title cannot simply force the other spouse to leave when the relationship breaks down. According to the Family Law Act, both spouses have an equal right to possession of a matrimonial home. Even if only one of the spouses has an interest in the home (i.e., is on title), the other spouse still has a right to live in the home. 

Who Can Live in the Matrimonial Home? 

You can apply to the court to decide whether one spouse should be given exclusive possession of the matrimonial home or part of it. The court will determine for how long, alongside some other conditions. It can also release other property that is a matrimonial home from the application. 

To determine whether to make an order for exclusive possession, the court will consider:  

1. The best interests of the children affected; 
2. Any existing court orders under Part I (Family Property) and any existing support orders or other enforceable support obligations; 
3. The financial position of both spouses; 
4. Any written agreement between the parties; 
5. The availability of other suitable and affordable accommodation; and 
6. Any violence committed by a spouse against the other spouse or the children.  

The court will not consider the ownership of the matrimonial home, its contents, or the possessory rights involved. Whether an order is made for exclusive possession of the matrimonial home will depend on the circumstances of each case.  

Conclusion 

Recognizing the significance of the matrimonial home in family law is essential. Understanding how the Family Law Act applies to matrimonial homes will equip you to make effective decisions and protect your interests throughout the divorce process. 

Apart from children, the matrimonial home is often one of the most fought-over issues in a divorce. Hiring a skilled family law lawyer can help. For more information on your rights in a separation or divorce, contact Anthony Family Law using the chatbot on the corner of this page. 

About Divorce Real Estate Made Simple* 

Bram Sandow and Adam Linden, the experts behind Divorce Real Estate Made Simple, recognize the emotional toll divorce can take, especially as it involves significant life changes. Their exceptional team helps to streamline the process of selling your real estate assets and provides unparalleled support during this challenging period. As Certified Divorce Specialists, these industry experts pride themselves on offering a customized approach that sets them apart: they blend decades of experience and market knowledge, coupled with compassion, confidentiality, and unwavering dedication to guide you through the complexities of separation and divorce. With Bram and Adam as your trusted partners, you’re not just working with top-producing REALTORS®, you’re gaining allies committed to easing your journey through this difficult and transitional phase. 

*collaboration with Divorce Real Estate Made Simple is not an endorsement of their services and should not be used or considered as a recommendation. 

This article was previously published on June 19, 2024, on Divorce Real Estate Made Simple’s website. Publication on Anthony Family Law website is with full permission. 

The materials contained in this article are intended to provide general information and comment about recent developments in the law and related practice points of interest. The information provided is not intended to provide legal advice. For specific legal advice, please contact Anthony Family Law.