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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 child custody 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 child custody 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 child custody 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 Child 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 child 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 Family 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 child custody 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 child custody 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 family law firm today at 647-933-2397 to schedule a free case evaluation.

What Steps Should You Take if the Other Parent is Not Honoring the Terms of Your Parenting Order?

Navigating the trials of co-parenting following your divorce can be challenging. It is not uncommon for former spouses to have disagreements about their parental responsibilities, the extent of their parenting time, or how their child should be raised. The difficulties can be compounded if the exes have a contentious relationship and cannot communicate effectively.

For couples who are unable to come to an agreement on the details of their parenting arrangement during the divorce process, the court will create a parenting order. This order is crafted with the child’s best interests in mind and addresses the topics of decision-making responsibilities, parenting time, and contact. Unfortunately, one parent sometimes refuses to comply with the court order. If you are struggling to get your child’s other parent to follow the terms of your parenting order, an Ontario modification and enforcement lawyer can explain your legal rights and guide you through the potential remedies for your situation. 

Are There Resolution Options That Do Not Involve the Courts?

At times, a parent may be hesitant to address noncompliance with a parenting order because they do not wish to become involved in a drawn-out legal battle. However, addressing the issue as soon as possible is critical to ensure your rights are protected. If you allow the situation to continue for an extended period, the court may take that as a sign that you implicitly agree to the changes, and you could face challenges getting the court to enforce the original terms of your order.

One of the initial methods you may utilize to resolve the violation of your parenting order is bringing the issue to your ex’s attention and attempting to fix it informally. In some cases, this could be enough to eliminate the problem. Keep records of these interactions in case further measures are necessary.

If you cannot communicate with your ex, they continue to refuse to honor the terms of the court order, or you believe your child’s well-being is at risk, you should immediately inform your lawyer of the noncompliance. Your lawyer can advise you on other resolution methods that may be appropriate for your circumstances. Some common solutions to parenting order disputes that don’t involve court intervention include arbitration, mediation, and other varieties of alternative dispute resolution (ADR).

How Do You Seek Enforcement of the Order Through the Courts?

If one parent continually refuses to follow the terms of the parenting order, it may become necessary to bring the matter before the court. Examples of parenting order violations can include:

• Not allowing the other parent their allotted parenting time.
• Making unilateral decisions for the child on topics where the other parent has been granted decision-making rights, such as health care or education.
• Inappropriately limiting contact with the other parent through phone calls, letters, or other means.
• Consistently acting in any manner that goes against the terms of the court order or could cause harm to the child.

The first step in rectifying this situation through the legal system is filing a motion with the court. This process may feel daunting and complex if you are unfamiliar with court procedures. Your lawyer can assist you with gathering evidence of the noncompliance, filling out the correct forms and filing them with the court, and serving the other parent with notice of the motion.

What Happens After You File a Motion?

A hearing will be scheduled after you file your motion. During the hearing, you and the other parent will have the opportunity to present your evidence and arguments before the judge. The judge will then determine the most appropriate way to resolve the issue. Remember that you can always negotiate your own resolution before or during the court process. A lawyer who is a trained mediator may be able to help you reach an agreement faster and with less hassle than pursuing a court-based solution.

What Are the Possible Outcomes in Your Custody Enforcement Case?

The result of your court proceedings will depend heavily on the nature of your ex’s noncompliance and the details of your case. If the judge finds that the other parent has failed to comply with the court order, that parent may be held in contempt of court. The judge must decide the best method to ensure future adherence to the order. In some cases, the noncompliant parent could even face penalties for their actions, including imprisonment and fines.

In other scenarios, the judge may find it in the child’s best interests to modify the original parenting order to suit the situation better. The exact modifications will be based on the needs of the child, any changes that have occurred in both parents’ lives, and other relevant factors. For instance, if the parents cannot agree on important decisions, the judge may modify the parenting order to give decision-making responsibilities for some or all topics to one parent. However, because the order could also potentially be modified to allow the other parent’s current actions, such as having more parenting time, it is vital to enlist the services of a family law lawyer who will fight vigorously for your rights.

How Can Our Skilled Lawyers Assist You?

Promptly addressing noncompliance issues with parenting orders is often key to obtaining a positive outcome. Waiting can compound the problem and cause unnecessary upheaval in your child’s life. Our experienced lawyers at Anthony Family Law can examine your case and create a tailored strategy for seeking the enforcement of your parenting order. Contact our Ontario office today at 647-933-2397 to schedule a free case evaluation to discuss your concerns and learn about your legal options.

What is a Custody Order?

Custody orders are orders given by the court that outline how divorced or separated parents must split the care of their shared children. They may detail where the child will live and which parent can make decisions regarding their health, schooling, religious upbringing, and other crucial choices. Current legal terminology refers to these orders as parenting time and decision-making responsibility orders, but many still use the term “custody order.” An experienced Ontario family law lawyer can explain how emergency and regular custody orders are obtained and when each type may be appropriate.

What Are the Differences Between Regular and Emergency Custody Orders?

Understanding how the custody process works is vital to reaching the best possible outcome in your case. Applicants seek emergency custody orders much less frequently than regular custody orders because the former are restricted to very specific situations. However, utilizing the option to request emergency custody can prove critical if you believe your child is in danger of immediate harm. The following are the key distinctions between regular and emergency custody orders.

How Long the Order Takes to Obtain

Regular custody orders are part of the divorce process and may take many months to finalize. In contrast, emergency custody orders are granted rapidly because they are used to ensure a child’s safety until the court can gather more information on the case’s circumstances. In an emergency, an ex parte motion for custody may be filed, which means the other party is not notified of the motion. After reviewing the motion, the court may grant temporary emergency custody immediately without a hearing.

When the Order is Used

All divorces involving minor children will require the parties to come to an agreement on a regular, long-term parenting plan. If the parents have irreconcilable disagreements over parenting time and decision-making responsibilities, the family court will make a custody order to resolve these issues. To ensure a stable environment for the child, the court will usually set up a temporary custody agreement early in the divorce process to bridge the gap until a permanent solution can be finalized.

Emergency custody orders are only used when another type of order would not be appropriate, and any delay could result in harm to the child. Courts are extremely hesitant to allow ex parte motions for emergency custody unless the requesting party can provide compelling evidence that an immediate risk to the child’s well-being exists.

According to Ontario law, circumstances that may justify an emergency custody order include:

• Immediate risk of abuse or neglect that could harm the child’s health or well-being.
• A high likelihood that delaying the motion or providing a notice would result in the child’s removal from Ontario by the other parent or another individual.
• Knowledge that serving a notice of motion could place the child or the parent making the motion in grave danger.
• An inability to locate the other parent to serve them with documents after they have abandoned their child.

The Length of Time the Order Lasts

Regular custody orders may be temporary or permanent, depending on their purpose. As noted above, temporary custody orders are standard early in the divorce process and allow for continuity in the child’s life until permanent arrangements can be made. At the completion of the divorce process, the parties must file a permanent parenting plan with the court for approval. If the parties cannot agree, the court will create a parenting plan based on the child’s best interests.

Due to their nature, emergency custody orders are nearly always temporary. After approving the ex parte motion for emergency custody, the court will usually schedule a follow-up hearing in a couple of weeks. During this hearing, the other parent can respond and present evidence, and the court will decide whether to extend the current custody order or modify it. This hearing can be critical to your child’s current and future well-being, so it is vital to seek knowledgeable legal representation to ensure you are presenting robust and relevant evidence to the court.

Who is Granted Custody

In Ontario custody cases, the court prefers to have both parents play an active role in their child’s life unless there is compelling evidence that it would not be in the child’s best interests. While every case is unique, it is common for regular custody orders to involve some variety of joint parenting time and decision-making arrangements. In contrast, the purpose of seeking an emergency custody order is to get temporary sole physical custody to prevent harm to the child.

What is the Process for Obtaining an Emergency Custody Order in Ontario?

The decision to seek emergency parenting arrangements should be made carefully, and the child’s best interests should always be the primary consideration. The court may take a dim view of your actions if you attempt to file a motion for emergency custody when the situation is not truly urgent. However, if you believe you are in a position where the delay involved in getting a regular custody order could be harmful to your child, you should take the following steps:

• Assess the need: Determine if an emergency temporary custody order is necessary. Judges are generally reluctant to make custody orders on a rushed basis unless they see clear evidence the order is essential to protect the child’s health and welfare. Your lawyer can evaluate your circumstances and help you determine the best legal options.
• File a motion: File a motion with the court requesting the emergency custody order. The motion must include evidence that demonstrates why an immediate order is required.
• Take steps to protect your family: If you are concerned for the well-being of yourself or your child, do not hesitate to reach out to authorities or local support groups, such as women’s shelters, for assistance. You may need to take further legal action to ensure your safety, such as filing for a restraining order or temporarily relocating to a safe location.
• Attend your hearing: An emergency custody order is usually temporary. You will need to prepare for your upcoming court hearing by gathering evidence and testimony that outlines why this custody arrangement should be extended for the protection of your child.

How Can Our Law Firm Assist You?

As a parent, divorce can be incredibly emotional. The situation can even turn frightening if you have concerns about your child’s safety. Whether you are negotiating a long-term permanent parenting plan or seeking an immediate emergency custody order, it is vital to understand the custody process and have a strategy for your next steps. Consulting with an experienced child custody lawyer is recommended to help you navigate the complexities of the court system effectively. Contact Anthony Family Law today at 647-933-2397 to schedule a free case evaluation with a compassionate, skilled Ontario custody lawyer.

What Do You Need to Know About CPP Pension Splitting Following a Divorce?

Many individuals have contributed to the Canada Pension Plan (CPP) at some point during their adult lives. When they turn 60, those who have participated in the CPP may apply to begin receiving retirement benefits based on the value of their contributions to the plan. This important program is designed to provide income and stability to older Canadians during their golden years. But you may wonder: what will happen to this pension plan in the event of a divorce?

CPP credit splitting is part of the property equalization that occurs after a divorce or legal separation. For individuals divorcing in Ontario, credit splitting between spouses typically occurs automatically as one step of the divorce process. A knowledgeable Ontario divorce lawyer can explain how CPP credit splitting works and what effect it may have on your current and future pension benefits.

How is a CPP Split Calculated?

Reallocating the CPP credits a divorcing couple has earned during their respective careers requires adding the total of each spouse’s pensionable earnings together and then dividing by two. Each spouse will automatically receive half of the total CPP credits. This equal division of credits ensures that a spouse who spent many of their wage-earning years raising children or running a household is not significantly disadvantaged in their retirement by these factors.

An equal split may also protect some spouses going through a divorce after retirement. The reallocation of credits could help a lower-earning spouse continue paying their bills and maintaining financial stability after the divorce. Considering individuals beyond retirement age often have difficulty reentering the workforce, having a steady retirement income can prove vital.

However, if you are or were the higher-earning spouse, you may see a significant decrease in your retirement income following the CPP reallocation. It is critical to speak with a knowledgeable lawyer or financial advisor to ensure you fully understand the repercussions of a CPP on your retirement income and planning strategies.

How is CPP Pension Sharing Different From Pension Splitting?

CPP pension sharing is an option for individuals who are already receiving or are eligible to receive their pension. Through sharing, a person can allocate a portion of their pension to their current spouse or common-law partner. Unlike pension splitting, which occurs after a separation or divorce, pension sharing can only happen while a couple is in a legal relationship and living together.

Any CPP pension sharing plan will end in the month a couple finalizes their divorce or after 12 months of separation. Pension sharing also stops if one partner dies or both spouses request a cancellation of the arrangement. Pension sharing is most often used for tax planning purposes because it may reduce the couple’s tax liability while still providing the same overall income.

Do You Have a Choice in Whether to Split Your CPP Pension After a Divorce?

Splitting CPP credits after a divorce is generally compulsory in Ontario. In this province, splitting does not require an agreement or negotiation. Either spouse or their legal representatives are eligible to apply by completing form ISP 1901 (Application for Canada Pension Plan Credit Split).

CPP pension splitting is typically a mandatory part of a legal separation or divorce across nearly all of Canada. Still, the exact laws on pension splitting can vary based on the province where your divorce is finalized. For example, some provinces, such as Alberta, Saskatchewan, and British Columbia, do allow couples to exclude CPP pension splitting in spousal agreements. Quebec has its own pension plan, known as QPP, which has plan-specific rules and regulations. It is highly recommended to consult a knowledgeable divorce lawyer to fully understand the provincial laws that could apply to your case.

Does the Division of Your CPP Credits Affect Your Spousal Support Payments?

The value of your CPP credit split will likely affect the monthly spousal support you pay or receive as part of your divorce agreement. The standard division of credits in Ontario is determined by adding the credits both spouses have accrued and dividing them equally between both individuals. It may be possible to negotiate an agreement that provides more credits to your spouse in lieu of other assets if that is more beneficial to your financial goals.

It is necessary to discuss your unique situation with a knowledgeable financial planner or lawyer to uncover the full extent of the impact of CPP splitting on spousal support payments. Online CPP splitting calculators exist that give you a rough idea of what your spousal support liabilities may look like. However, information gleaned from online sources cannot account for all the variables that could be present in your divorce situation and should not be considered a substitute for skilled legal and financial guidance.

How Can Our Family Law Firm Help You?

Divorces bring up many different emotions and can be legally complex to navigate. A CPP pension split is just one topic you will need to address and plan for as you and your former spouse divide your finances after a divorce. Understanding how Ontario’s laws affect pension reallocation and other issues can be essential as you negotiate your divorce agreement and look ahead to your future.

Our experienced divorce lawyers at Anthony Family Law can provide clear, compassionate legal counsel during all aspects of your divorce. We leverage our in-depth knowledge of provincial and federal requirements to uphold your rights and help ensure that you can move forward from this challenging time with confidence. We can assist if you have questions about CPP splitting, property equalization, or any other element of a potential or ongoing divorce. To schedule a free case evaluation, contact our office today at 647-933-2397.

What Are Section 7 Expenses?

Establishing an appropriate amount of child support is one crucial part of the divorce process for parents. The Canadian federal government provides tables, worksheets, and other tools to allow parents, lawyers, and the courts to determine the base amount of child support that is suitable following a separation. These basic payments are based on the paying parent’s income, the province where they live, and the number of children they support. The goal of the basic child support payments is to help the parent with the majority of the parenting time meet the standard living expenses for their child, such as food, shelter, and clothing.

However, some children may have additional needs and expenses exceeding the standard child support amount. A share of these further costs may be added to the base child support amounts in step 7 of the Federal Child Support Guidelines and are commonly referred to as section 7 expenses. An expense may qualify as a “special or extraordinary expense” if the requesting spouse can prove it meets these federal guidelines:

• It is necessary because it is in the child’s best interests.
• It is reasonable based on the parents’ incomes and previous spending patterns before the divorce.

Establishing section 7 expenses as part of your separation agreement is vital to ensuring your child can continue with activities that improve their quality of life. A helpful Ontario child support lawyer can help you determine if your child has valid section 7 expenses and explain what happens if you and your ex cannot agree on these costs.

What Are Common Examples of Section 7 Expenses?

The definition of what constitutes a standard living cost versus an extraordinary expense for a child contains many gray areas. If you are facing a disagreement with your ex or have questions about whether something may be considered a section 7 expense, it is important to consult with a knowledgeable lawyer who can guide and help you.

Some typical section 7 expenses may include:

• Costs for childcare if you have your child the majority of the time and require care services due to your employment, education, or an illness or disability.
• Healthcare expenses over $100 for your child that aren’t covered by insurance, such as counseling services, dental care, or medications.
• Medical and dental insurance premiums for your child’s coverage.
• Costs for your child’s extracurricular activities, including equipment, fees, travel expenses, and more, if they are more than you can reasonably pay or are extraordinary.
• Education expenses that are above and beyond typical costs if they are necessary for the child’s needs. It may include special education programs, tutoring, or private schooling.
• College or other post-secondary education costs.

While these are some illustrations of the type of costs Section 7 expenses may cover, it is essential to note that the exact payments included in your support agreement can vary significantly. As stated above, the financial situation of you and your former spouse, the requirements of your child, and your lifestyle before the divorce will all play a role in determining whether a special or extraordinary expense is reasonable and necessary.

What Happens if Parents Do Not Agree on Section 7 Expenses?

In most child support cases, parents must agree on section 7 expenses for them to be included in a child support agreement. While it is possible for the court to order section 7 expenses, it is relatively uncommon. Negotiating an agreement with your former spouse is the ideal way to ensure all necessary childcare expenses are covered. If you believe that section 7 expenses are essential for the well-being and development of your child, enlisting the help of a child support lawyer in Toronto who is also a skilled mediator can be critical.

For your agreed-upon expenses to be enforceable in the event of a future disagreement or misunderstanding, your documentation should include specific information about each item, such as:

• A detailed description of what the expense is for.
• The full cost.
• What date payments are due.
• The exact amount you and your spouse will each contribute to the expense.
• Any other relevant data, such as the impact of any subsidies or benefits and who will be eligible to claim tax credits related to the expense.

Can You Contest Section 7 Expenses?

It is possible to contest the need for a requested expense at any point during the separation agreement negotiation process. Just be sure you are centering your child’s best interests and not refusing a section 7 expense purely due to personal disagreements with your spouse. Engaging in the latter behavior can negatively impact the court’s view of your case and may result in undesirable outcomes.

If you have already filed your separation agreement with the court, you are obligated to pay the child support amount stated in the document, including any section 7 expenses. However, you may be able to contest the agreement if you find out that the other parent misrepresented the situation or you have a valid argument against the necessity or reasonableness of the expense in light of new information. Child support modification requests can be complex, so it is highly recommended to reach out to a trusted child support lawyer if you are considering contesting your agreement.

How Can an Experienced Child Support Lawyer in Toronto Assist You?

Working out a separation agreement can be very emotional and stressful. You may hesitate to ask for increased child support because you worry your former spouse will disagree or become upset. However, ensuring your child’s needs, including section 7 expenses, are covered by your child support agreement is key to their upbringing and your financial stability.

A skilled child support lawyer from Anthony Family Law can help you determine what expenses are appropriate and mediate between you and your spouse as you negotiate your divorce. If you cannot reach an agreement, our Toronto family law firm can provide strong representation in court to help you achieve the best possible outcome in your child support case so you can move forward with confidence. Contact our law firm today to schedule a free initial case evaluation: 647-933-2397.

What are the Impacts of a Cyber-Affair on Divorce Proceedings?

Technology is ever-present in today’s society. Between work and home computers, gaming devices, and phones, many people spend as much (or more!) time in front of a screen as they do with friends and family. While the relationships that people make online are often benign and positive, there has unfortunately been a recent drastic increase in the number of couples citing cyber-cheating as one of the reasons for the breakdown of their marriage. They claim their partner’s online relationship, including messages, sexting, or video dates, was emotionally devastating and irretrievably broke their trust.

Undoubtedly, an emotional affair like virtual infidelity can destroy a relationship. But can a cyber-affair be used as grounds for a Canadian divorce? An experienced divorce lawyer can explain the court’s stance on these behaviors and how they could affect your divorce proceedings.

What are the Three Grounds for Divorce in Ontario?

Ontario’s Divorce Act lists three valid reasons for a divorce:

• Living separately for at least one year prior to the start of the divorce proceedings.
• The commission of adultery by the other spouse during the marriage.
• Suffering acts of mental or physical cruelty that make it impossible to continue living together.

Of these grounds, the first is considered a no-fault grounds for divorce. If you have lived separately for a year, you do not need to show misconduct on the part of your spouse to receive a divorce. The other two grounds require you to provide the court with sufficient evidence of your spouse’s harmful actions before your divorce will be granted. The court’s standards for the evidence can be quite stringent, and litigation in these cases can be complicated and contentious.

What is Virtual Infidelity?

In general, infidelity is any action that violates your marriage contract and causes a threat to the bond between you and your spouse. Many people think of infidelity in terms of sexual or emotional affairs. Virtual infidelity covers a wide range of behaviors that may combine aspects of both sexual and emotional infidelity in an online space.

Typically, these relationships are conducted secretly, and their discovery is a shock to the other spouse. Examples of virtual infidelity may include:

• Texting or sexting
• Communicating over messaging apps and chat rooms
• Engaging in cybersex through video or other applications
• Creating transactional relationships through OnlyFans or other adult websites

The definition of virtual infidelity can vary widely, and many people who engage in these actions do not consider it cheating because there has been no physical contact. However, the emotional and mental damage caused by cyber affairs can be devastating and may cause an irreparable rift in a marriage.

Is Virtual Infidelity Adultery?

It may appear that cyber-affairs could be considered adultery. However, Canada’s courts have ruled otherwise. Adultery is legally defined as engaging in any type of physical, sexual intercourse with someone other than your spouse while you are still married. Because virtual infidelity does not include a physical component, it is not considered adultery and cannot be cited as grounds for a divorce.

In some instances, an online relationship may lead to real-world encounters. In these situations, the relationship may be deemed adulterous if in-person sexual activities have occurred. If the relationship is purely online, then typically, the best course of action for the injured spouse to obtain a divorce is to move into separate living quarters for a year so they are eligible to file for a no-fault divorce. However, if you are in this difficult situation, you should consult with a knowledgeable divorce lawyer to explore the options available to you.

Could Your Partner’s Online Activities Affect the Outcome of Your Divorce?

Although virtual infidelity may not be grounds for a divorce, it may play a role in your divorce proceedings. Many people having online affairs spend significant time alone in front of their devices, often to the detriment of their families. If your spouse’s online relationship took precedence over spending time with their children, the court may consider this when determining custody arrangements.

Virtual infidelity can also involve a spouse spending significant amounts of money on subscriptions, internet services, and gifts to the object of their affection. While this may not have a major effect on the division of property or child support proceedings, these actions could be viewed negatively by the court due to their impact on the family’s finances. When taken as part of the whole story of the divorce, the harmful acts of the unfaithful spouse may shift the court’s determinations more in favor of the petitioning party.

Can You Take Legal Action Against the Other Person Involved in the Online Infidelity?

Some jurisdictions allow civil suits for “alienation of affection.” Essentially, the spouse of someone who cheated may be able to sue the other individual involved in the affair.

A successful claim usually involves proving that the relationship would have continued without incident if the outside individual had not seduced their partner and caused them to be unfaithful. However, these types of claims are not allowed under Canadian law, leaving victims of cyber-affairs with no legal recourse for obtaining damages.

How Can a Divorce Lawyer Assist You?

Finding out your spouse has engaged in virtual infidelity can be heartbreaking and may ultimately destroy the bond of trust between you and your spouse. Although the act is not considered adultery by Canadian courts and cannot be used as grounds for divorce, it can still play a key part in the outcome of your split. A compassionate, experienced divorce lawyer from Anthony Family Law can guide you through the necessary steps for obtaining a dissolution of your marriage following the betrayal of a cyber-affair. Contact our law firm today for a free case evaluation: 647-933-2397.