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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. 

What is Guardianship of a Minor?

Guardianship of a minor refers to the legal process where an individual, other than the child’s biological parents, is granted the rights and responsibilities to care for the child. This individual, known as the guardian, assumes the role of a parent and is responsible for the child’s well-being, including their education, health care, and general welfare.

In Ontario, the Children’s Law Reform Act governs the guardianship of minors. It outlines the legal criteria that must be met for a court to grant guardianship. The primary concern of the court is always the child’s best interests.

What are the Key Factors the Court Considers?

The legal criteria for granting guardianship of a minor in Ontario are comprehensive and designed to ensure the child’s safety and well-being. Here are some of the key factors that the court considers:

1. The Relationship with the Child: The court evaluates the existing emotional bonds between the child and the potential guardian. 
2. The Ability to Provide Care: This factor assesses whether the potential guardian has the resources and capacity to provide for the child’s daily needs, including food, shelter, education, and health care. 
3. The Child’s Preferences: The child’s wishes might be considered, depending on their age and maturity.
4. Stability: The potential for providing a stable and consistent home environment is evaluated. 
5. The Child’s Cultural and Religious Background: It’s important that the guardian can respect and nurture the child’s cultural and religious heritage. 
6. The Potential Guardian’s Health: The physical and mental health of the potential guardian is assessed to ensure they are capable of undertaking the responsibilities of guardianship. 

What is the Process for Applying for Guardianship of a Minor?

The process for applying for guardianship of a minor in Ontario involves several steps:

1. Application: The application must include detailed information about the applicant, the minor, and the reasons for seeking guardianship. Essential documents, such as proof of the child’s age and the applicant’s relationship to the child, must be attached.
2. Notice: Once the application is filed, the applicant must provide notice to other family members and any individuals with a significant relationship to the child. 
3. Investigation: After the notice is given, the court may order an investigation to be conducted by a child welfare agency or a court-appointed guardian ad litem. This investigation aims to gather more information about the child’s situation, the suitability of the applicant, and any other factors related to the child’s well-being. 
4. Court Hearing: The next step is a court hearing where all parties can present their case. 
5. Decision: Based on the evidence presented at the hearing, the judge makes a decision on the guardianship application. 

What Happens After Guardianship is Granted and What are the Responsibilities and Rights of a Guardian?

Once guardianship is granted, the guardian assumes all the rights and responsibilities of a parent. This includes providing a safe, stable, and nurturing environment for the child, as well as making decisions about the child’s education, health care, and general welfare.

In Ontario, the court may also set specific conditions or restrictions on the guardianship. For example, the court may require the guardian to provide regular updates about the child’s well-being or to seek the court’s approval before making significant decisions about the child’s life.

What are the Financial Responsibilities of a Guardian?

As a guardian, you are responsible for managing the child’s financial affairs. This includes using the child’s income, savings, or property to meet the child’s needs.

Can Guardianship be Revoked?

Yes, guardianship of a minor can be revoked in Ontario. The court may decide to terminate the guardianship if it’s in the child’s best interests. For example, the court may revoke guardianship if the guardian is not fulfilling their responsibilities or if the child’s parents are able to resume care of the child.

The court may also modify the guardianship arrangement if circumstances change. For instance, should the guardian be unable to look after the child because of illness or other circumstances, the court might designate a new guardian.

If you are a guardian and you wish to resign, you must apply to the court. The court will review your application and decide based on what is best for the child.

What if the Child Does Not Want a Guardian?

In Ontario, the court will consider the child’s wishes when deciding on guardianship, especially if the child is 12 years or older. If the child does not want a guardian, the court will take this into account. However, the child’s wishes are just one factor the court considers. The court’s primary concern is always the child’s best interests.

How Can an Experienced Lawyer Help with Guardianship Applications?

Navigating the legal process for guardianship of a minor can be complex and challenging. An experienced lawyer can provide invaluable assistance by guiding you through the process, helping you understand your rights and responsibilities, and advocating for your interests in court.

A knowledgeable lawyer can help you prepare a strong application, gather necessary evidence, and present a compelling case to the court. They can also help you understand the potential implications of guardianship and ensure you are fully prepared for the responsibilities that come with it.

The court’s primary concern is always the best interests of the child. Having an experienced lawyer on your side can help ensure that your case is presented in the best possible light, increasing your chances of a favourable outcome.

If you are considering applying for guardianship of a minor, call Anthony Family Law today at 647-933-2397 for a free consultation.

What is Annulment and How Does it Differ From Divorce?

Annulment and divorce are two distinct legal processes for ending a marriage, each with its own criteria and implications. Divorce is the most common method of dissolving a marriage in Canada. A divorce acknowledges that the marriage was legally valid but has now ended due to the irretrievable breakdown of the relationship. In contrast, an annulment is a legal declaration that a marriage was never valid from the beginning. When a court grants an annulment, the marriage is treated as though it never existed.

Annulments are very rare, as they can only be obtained if the circumstances meet specific legal criteria. Although an annulment can take less time to finalize than a divorce, it may involve complex legal challenges. One or more court hearings are typically required to present evidence supporting the annulment. If you believe an annulment may be appropriate in your situation, it is vital to consult with a knowledgeable family law lawyer who can provide guidance and advocate for your rights.

What are Valid Grounds for Annulment in Canada?

The Marriage Act details the requirements for solemnizing a legal marriage in Canada. If a marriage does not meet one or more of these criteria, the participants may have grounds for requesting an annulment. The standards for annulment in Canada are quite limited and specific, so it is critical to determine your eligibility with the assistance of a legal advisor. Grounds for annulment include:

• Pre-existing marriage: An individual can only be married to a single person at one time. If one of the spouses was already legally married to another person at the time of the ceremony, the subsequent marriage can be annulled.
• Underage marriage: Annulment may be possible if one or both parties were under the legal age at the time of the marriage without proper parental or court consent. The legal age for marriage can vary depending on the province, but it is typically 16 or 18 years old.
• Lack of consent: If one or both parties lack the mental capacity to comprehend the nature and implications of the marriage due to mental illness, intoxication, or other reasons, the marriage can be annulled. These grounds may also apply if the marriage was entered into under coercion, fraud, or duress.
• Consanguinity: If the partners are closely related by blood or adoption, such as siblings or parent-child relationships, it is grounds for annulment.
• Inability to consummate: If the partners are unable to engage in sexual intercourse due to a psychological condition or physical incapacity that was unknown at the time of the marriage, it may be annulled. However, refusing to consummate the marriage is typically not a valid reason for annulment.
• Lack of understanding: If one or both parties did not understand that the ceremony they were participating in was a legally binding marriage ceremony, the marriage could be annulled.

Do Time Limits Exist for Seeking an Annulment in Canada?

In most cases, there is no overall statute of limitations or general time limit for filing for an annulment in Canada. You can apply for an annulment any time after the marriage ceremony. One critical exception to this rule is if you are seeking an annulment based on the grounds of lack of mental capacity to consent to the marriage. In these cases, Ontario imposes a strict three-year time limit for filing.

However, while there is no firm cutoff date for most annulment petitions, the longer you wait to file, the more difficult it may become to prove the grounds and have the marriage declared invalid. For this reason, it is generally advisable to file for an annulment as promptly as possible after the grounds arise or are discovered. Consulting an experienced family lawyer is highly advisable to understand any time constraints that may apply to your unique situation.

Are Religious Annulments and Civil Annulments the Same?

Some religious institutions, such as the Catholic Church, may grant religious marriage annulments to members if they meet certain requirements. While a religious annulment may have significance within a particular faith, it has no legal standing in Canada. To legally invalidate a marriage, one must obtain a civil annulment from the provincial superior court by meeting the specific legal grounds and following the correct procedure. A religious annulment alone is not a substitute for a civil annulment under Canadian law.

What Other Legal Issues Should You Consider if Seeking an Annulment?

Although an annulment is different from a divorce in many aspects, it still results in the end of a marriage. If the annulled marriage included children or mutual property, it is essential to address the topics of property division, child support, parenting time, and decision-making responsibilities. It is key to remember that since an annulment renders the marriage invalid from the start, spousal support is not an option in these cases.

Divorce proceedings automatically require the spouses to agree on these topics before the split is finalized, or the judge will determine an arrangement. For those obtaining an annulment, these issues typically must be addressed separately. Your lawyer can help you determine your next legal steps following your annulment based on your situation.

How Can Our Law Firm Assist You?

Annulments can arise from highly emotionally charged situations. Realizing your spouse was not up-front with you or your marriage was not legal can be shocking and heartbreaking. Our compassionate and experienced lawyers at Anthony Family Law can help you through this difficult time. We can examine your circumstances, determine if an annulment or divorce is the best course of action, and help you navigate the legal process from start to finish. To speak with a skilled lawyer today, contact our Ontario law firm online or call 647-933-2397 for a free case evaluation.

How Do You Approach Custody Proceedings?

When considering an Ontario divorce involving minor children, the parents must determine the custody arrangement (decision-making arrangement) they wish to follow going forward. Deciding between seeking joint versus sole custody can be daunting, as many factors must be considered. Both custody arrangements have positive aspects and challenges. A skilled Ontario custody lawyer can help you explore your options and determine which custody plan best fits your family.

What is Joint Custody in Ontario?

Joint custody allows both parents to have legal authority over the decision-making for their child. In a joint custody situation, both parents are able to make choices about their child’s education, religious upbringing, health care, and other essential aspects of their life. As with all aspects of a parenting agreement, the terms of the joint custody agreement can be tailored to suit the needs of the family as long as the child’s best interests are being served. Parents may have an equal voice on each topic or opt to split the issues individually. For example, one parent may get the final say on medical decisions, while the other gets to decide on religious matters.

In joint custody, parents must cooperate and communicate effectively to make decisions supporting their child’s well-being.

Choosing a joint custody arrangement does not necessarily mean that parenting time responsibilities will also be shared equally. Depending on the specific arrangements, the child may live primarily with one parent or spend equal or significant time with both parents.

How Does Sole Custody Differ From Joint Custody?

On the other hand, sole custody grants only one parent the legal authority to make significant decisions about the child’s life.

The child typically resides mainly with the custodial parent. However, the non-custodial parent may have rights to parenting time or supervised visits with their child. If the non-custodial parent retains parenting time, they would have the ability to make day-to-day decisions for their child while they are physically in their care but would need to defer to the custodial parent’s choices regarding significant issues.

The courts generally prefer to order joint custody whenever possible because numerous studies have demonstrated that having both parents heavily involved in a child’s life leads to better outcomes for their physical and mental wellness. Sole custody is most often granted when one parent is deemed unfit or unable to participate effectively in parenting due to health issues, incarceration, or other limiting factors. The court may also determine that this system may be the most effective solution if the parents cannot cooperate in decision-making for their child.

What Factors Does the Court Consider When Awarding Custody?

Courts in Ontario prioritize arrangements that support the child’s needs, ensuring stable and nurturing environments. The court aims to create parenting plans that foster the child’s meaningful relationship with both parents and promote stability and consistency in the child’s life. The guiding principle for custody arrangements, as set out in the Children’s Law Reform Act, is the best interests of the child or children in question. The court is obligated to protect the child’s psychological, emotional, and physical safety and well-being.

Some factors that the court may take into account when creating or considering a proposed custody arrangement include:

• The child’s care needs, based on their age and stage of development, and the ability and willingness of each parent to meet these needs.
• The history of the child’s care and the level of involvement of each parent.
• The nature and strength of the child’s relationship with each parent, siblings, grandparents, and other essential family figures.
• The child’s views and preferences, if they are of an appropriate age and maturity to make these opinions known.
• The appropriateness of requiring the parents to cooperate on decisions based on their current relationship. Credible family violence allegations and charges can also factor into the court’s determinations.
• Each parent’s willingness to support the child’s relationship with the other parent.
• The child’s cultural heritage, language, and religious education and the extent to which each parent can or would support continuity in their upbringing.
• Any civil or criminal proceedings, orders, conditions, or measures relevant to the child’s safety, security, and well-being.

How Do You Determine Whether Sole or Joint Custody is the Best Choice for Your Family?

Navigating the aftermath of a divorce with shared children can be incredibly emotional and challenging for parents. It can be difficult to set aside your emotions regarding your former partner and their actions and focus solely on what is best for your child. Enlisting the assistance of a knowledgeable child custody lawyer can give you invaluable input on how custody law works and the potential outcomes of your case. Your lawyer can evaluate your situation and help you create a viable custody plan based on your family’s circumstances.

While joint custody can have many advantages for you and your child, it may not be the right choice for every family. When considering your custody options, being honest with yourself and your legal team is important. The answers to the following questions can provide a starting point for custody discussions with your lawyer:

• Will you be able to communicate effectively with your former spouse on important and potentially emotional issues regarding your child’s care?
• Can you find ways to resolve disagreements on these topics?
• Is your child able to handle moving back and forth between residences?
• Can you efficiently coordinate potentially complex planning to ensure your child experiences minimal disruptions in their schedule or activities?

Why Reach Out to Our Law Firm?

Every custody case is unique and requires carefully tailored legal guidance to reach the most favorable outcome. At Anthony Family Law, our compassionate lawyers have extensive experience guiding clients through the Ontario custody process and fighting for the best interests of their families. To learn how we can assist you, contact our law office today by calling 647-933-2397 and schedule a free case evaluation.

What Can You Do if You Believe Your Child’s Safety or Well-Being is in Danger Under Your Current Custody Order?

Following a divorce or separation, the family court will put in place temporary or permanent custody orders that define the parenting time and decision-making responsibilities of each parent. While the court does its best to make orders that are in the child’s best interests, circumstances can change, and you may feel that your child is now at risk from the other parent’s actions. If this occurs, the typical court process for changing custody orders may be too slow to prevent potential harm. In this case, emergency custody orders may be necessary.

Emergency custody orders are legal decisions made by a court to temporarily alter parenting arrangements to ensure a child’s safety. These orders are typically sought when there’s a credible threat to a child’s well-being, such as imminent danger of abuse, neglect, or abduction. The urgency of these situations means that the standard process for modifying custody arrangements is expedited to provide immediate protection for the child.

When is an Emergency Custody Order Warranted?

Emergency custody orders can be made as ex parte motions, which means the court hears the motion without the other party present. Because the order may be granted without the other party getting a chance to tell their side of the story, the court strictly limits the use of emergency custody orders to prevent their misuse. Emergency custody orders are only available in situations where:

• There’s an immediate threat to the child’s safety or health.
• The child is likely to be permanently removed from the province or country.
• Serving the other party with notice of the motion could result in harm or serious consequences to the child or the applicant.

What Steps May Be Involved in Requesting an Emergency Custody Order?

The specific court process and forms required for an emergency custody order vary by province. However, the following is a general outline of some essential stages in the process:

• Consult a lawyer: If possible, discussing your case with a skilled child custody lawyer is highly recommended before beginning the emergency custody order process. They can evaluate your case and ensure it meets the ex parte motion criteria. This step is crucial because filing an unnecessary motion without notice can result in penalties, such as having to pay the other party’s legal fees. If your lawyer determines that an emergency custody order is warranted, they can guide you through the legal process, help organize your motion, and ensure it’s supported with adequate evidence.
• Prepare and file your forms: You must fill out specific forms to petition for an emergency custody order. These forms typically require detailed information about the child, the nature of the emergency, and the desired outcome. You will submit your completed application to the appropriate court. For more information on the process for bringing a motion without notice in Ontario Family Court, see the province’s online court procedures guid
• Attend the hearing: You’ll need to attend a court hearing where you outline your case. Because the other party has not been informed of the hearing, they will not be present. The judge will consider your evidence and decide whether to grant the emergency custody order. In urgent situations, the hearing date is typically expedited to ensure the safety of the child/children involved.
• Follow-up: If the emergency custody order is granted, it’s usually temporary. You’ll likely need to return to court within 14 days for a subsequent hearing to determine long-term arrangements. The other party will be informed of this later hearing and will have an opportunity to respond to your evidence and plead their case.

What Are Key Considerations Involved in Undertaking Emergency Custody Order Proceedings?

Requesting an emergency custody order is a serious step taken to protect a child’s immediate safety. It’s essential to understand the legal requirements and to act swiftly but thoughtfully, ensuring that all actions are in the child’s best interests. Some of the issues you should consider when requesting an emergency custody order include:

• Evidence: You must present sufficient evidence to support your claims that your child could be in danger if they remain in the custody of the other party. This may include police reports, medical records, or affidavits detailing the threat to the child’s safety.
• Impact on future custody decisions: The outcome of an emergency custody order can influence future custody arrangements. However, receiving an emergency custody order does not guarantee that you will get sole custody in the future. Courts prioritize the child’s safety but aim to involve both parents in their lives unless evidence strongly suggests it would not be in their best interests.
• Personal safety considerations: If you have serious concerns about your ex causing harm to yourself or your child before or after the emergency custody order hearing, you should contact local authorities immediately. You may need to obtain a restraining order or make safety plans to move to a secure location until the situation has been addressed.

How Can Our Law Firm Assist With a Canadian Emergency Custody Order?

Given the complexity and urgency of these matters, having legal representation is crucial to navigating the emergency custody order process effectively and efficiently. Our experienced and compassionate lawyers at Anthony Family Law can guide you, helping you understand your legal rights and the specifics of emergency custody orders. We can explain the process, the likelihood of success, and what to expect at each step of your unique situation.

While emergency custody orders can be vital in addressing immediate issues, they are not a long-term solution. Our lawyers can help you determine the best path for moving forward with your custody case and will provide support regarding any necessary follow-up actions. We know it can be frightening and overwhelming when your child is in an emergency situation, so we strive to provide clear and comprehensive legal advocacy. Contact our Ontario law firm today at 647-933-2397 to schedule a free case evaluation.