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In Ontario, custody and access agreements are essential for outlining parental rights and obligations when you plan trips with your children. These agreements usually form part of a wider parenting plan created during separation or divorce. Their main purpose is to ensure that both parents clearly understand their rights and responsibilities regarding their children’s care and activities.

Decision-making authority, or what is commonly referred to as Custody, involves the legal right and responsibility of parents to make significant, long-term decisions about a child’s well-being including health, education, religion, and extracurriculars/culture. Access, in contrast, describes the time a parent spends with the child. These agreements carry legal weight, and everyone must follow them unless both parents agree to changes.

If your ex-partner refuses consent for a March Break trip, your first step should be to review your separation agreement or court order. In Ontario, these documents outline each parent’s parenting time and decision-making responsibility, and may include specific terms about travel—such as whether consent is required, how much notice must be given, or whether written permission is needed.

If your agreement does not address travel, you may still be able to take the trip, but it is important to understand your legal rights and obligations. Ontario family law is guided by the best interests of the child, and consent should not be withheld without a valid reason. Speaking with an Ontario family lawyer experienced in custody and access agreements can help you understand your options and the appropriate next steps if the other parent refuses permission.

Reviewing the Terms of Your Parenting Plan

A parenting plan is a detailed document that explains how parents will raise their children following a separation or divorce. It covers many areas, such as custody, access, and decision-making. You must review the terms of your parenting plan carefully if your ex-partner refuses to agree to a trip.

Check whether the plan includes any specific clauses regarding travel. Some plans state that both parents must agree on travel arrangements, while others might give one parent the power to make these decisions alone. If your plan requires mutual consent, you will likely need to talk with your ex-partner to reach an agreement.

If your parenting plan isn’t clear or doesn’t address travel, consider getting legal advice. A family lawyer can help you understand the plan and suggest possible next steps. Knowing the terms of your parenting plan is vital to understanding your legal rights and duties when planning a trip with your child.

Can I Take Legal Action to Obtain Consent for the Trip?

When your ex-partner refuses to consent to a trip, exploring mediation and legal remedies offers practical solutions. Mediation brings in a neutral third party who helps you and your ex-partner discuss things to find a solution you both agree on. This process often feels less confrontational and costs less than going to court.

Exploring Mediation and Legal Remedies

If mediation doesn’t work out or isn’t possible, you might need to consider legal action. In Ontario, if you require a court order to allow the trip, you will need to bring a motion.   The court will consider many factors, including what is best for the child, your current custody and access arrangements, and any potential risks associated with the trip.

Remember that legal proceedings can take a lot of time and money. Because of this, you should consult with a family lawyer to weigh your chances of success and explore other solutions before you take legal action.

A family lawyer can help you draft a formal request for consent, detailing the trip and responding to any worries your ex-partner might have. If needed, they can represent you in court and speak up for your rights. By getting legal advice, you can make informed choices and better your chances of a positive result.

How Do Ontario Laws Affect My Ability to Travel with My Child?

The Children’s Law Reform Act (CLRA) stands as a foundational law in Ontario, overseeing custody and access issues. The CLRA stresses that the child’s best interests must be the main focus in any decision. So, when you plan a trip with your child, you must understand how the CLRA could affect your travel plans.

Understanding the Children’s Law Reform Act

The CLRA generally gives both parents equal rights to make decisions about their child’s care and upbringing. Yet, if a court order or agreement already exists, you must follow it. The Act also permits changes to custody and access arrangements if situations evolve or if modifying them serves the child’s best interests.

If your ex-partner won’t agree to a trip, the CLRA offers a legal structure for settling these disagreements. You can ask the court for an order allowing the trip, and the court will look at things like the child’s bond with each parent, why you want to travel, and any possible effects on the child’s overall well-being.

Considering the Impact of Court Orders

Court orders play an important part in whether you can travel with your child. If a court order already exists for custody and access, you must follow it unless the court changes it through modifying custody or parenting arrangements. Breaking a court order can lead to serious legal problems, including charges of contempt of court.

If your ex-partner refuses to consent to a trip and a court order is already in place, you might need to apply for a change to that order. The court will decide if the planned trip aligns with the child’s best interests and if any updates to the order are necessary.

You must approach this situation carefully and get legal advice before you do anything. A family lawyer can help you understand what court orders mean and walk you through the steps to ask for a change if that’s what’s needed.

What Steps Should I Take if My Ex Refuses to Cooperate?

When you’re dealing with an ex-partner who won’t cooperate, keeping records of your communication attempts is very important. Make sure to log all interactions about the trip, including emails, text messages, and phone calls. This documentation can provide proof if you eventually need to take legal action or go through mediation.

If your ex-partner keeps saying no, getting ready for potential legal proceedings might become essential. Collect all important documents, such as custody and access agreements, parenting plans, and communication records. These papers will strongly support your case if you need to ask the court for an order to allow the trip.

Talk to a family lawyer to evaluate your case’s strength and create a legal strategy. They can help you grasp the court process and know what to expect during any proceedings. When you prepare thoroughly, you can improve your chances of a positive result and make sure your rights stay protected.

For personalized legal advice and assistance, consider reaching out to Anthony Family Law. Our experienced family lawyers are here to help you navigate complex legal matters and work toward a resolution that meets your needs. Click to call Anthony Family Law today at 647-933-2397 for a free consultation.

The new year is meant to bring hope and fresh starts—but for many couples, it quietly marks the moment they can no longer ignore a difficult truth. Deciding to end a marriage is an emotional weight, and it often feels even heavier in January. Many spouses delay separation until after the holidays, hoping to preserve family traditions, protect their children, or simply make it through one last season together. By the time the decorations come down, the financial strain of holiday spending and the exhaustion of maintaining the appearance of a happy marriage can push an already fragile relationship to its breaking point.

If you are contemplating divorce as the new year begins, you may feel a confusing mix of relief and anxiety about what lies ahead. At Anthony Family Law, we are here to help guide you through this transition and answer your questions.

Understanding the legal landscape in Ontario can help replace that uncertainty with a clear sense of direction. Navigating post-holiday conflict requires a calm approach and an understanding of the specific rules outlined in the federal Divorce Act and Ontario’s Family Law Act.

Why January Becomes a Turning Point for Ontario Couples

Understanding the Legal Basis for Divorce in Ontario

In Ontario, divorce is governed by the federal Divorce Act. To get a divorce, you must prove that your marriage has broken down. The most common way to show this is by living separate and apart for at least one year (s. 8(2)(a)). While you can start the legal process as soon as you separate, a judge will not grant the final divorce order until the full year has passed.

Separation does not always mean living in different houses. Given the high cost of housing in the Greater Toronto Area and throughout Ontario, many couples live separately and apart under the same roof, which means you occupy the same residence but no longer live as a couple. You must stop sharing a bedroom, stop attending social events together, and cease performing domestic services for each other.

Immediate Steps: Addressing Children and Support

When a marriage ends in January, the most pressing issues usually involve children and immediate financial needs. Ontario law prioritizes the best interests of the child above all else. Under the Divorce Act, the terminology previously referenced “custody” and “access” but now focuses on “decision-making responsibility” and “parenting time” (s. 2(1)).

Priority #1 – You should try to establish a temporary parenting schedule as soon as possible to give your children stability. If you and your spouse cannot agree, you may need to seek a temporary order from the Superior Court of Justice or the Ontario Court of Justice.

Priority #2 – Financial support should be addressed. Child support is generally straightforward and follows the Federal Child Support Guidelines, which calculate amounts based on the payor’s income and the number of children. Spousal support is a more complex issue that depends on factors such as the length of the marriage, the roles each spouse played, and the disparity in their incomes.

Property Division and the Equalization Process

Ontario has specific rules governing the division of wealth among married couples. This process is called the equalization of net family property. Unlike some other jurisdictions, you do not necessarily split every physical asset 50/50. Instead, you calculate the value of everything you gained during the marriage.

How is this calculated? According to the Family Law Act, each spouse determines their net worth on the date of separation and subtracts their net worth on the date of marriage (s. 4(1)). The spouse with the higher increase in value pays half the difference to the other spouse.

The matrimonial home is treated differently from other assets. Even if one spouse owned the home before the marriage, both spouses usually have an equal right to its value and an equal right to live in it unless a court order or agreement says otherwise (s. 19). You cannot change the locks or kick your spouse out of a matrimonial home without a legal basis, even if your name is the only one on the title.

Taking the First Steps Toward Your Future

The decision to start a divorce is never easy, but the “January Divorce” allows you to begin the year with a commitment to your own well-being and peace. By understanding your rights under Ontario law and focusing on constructive solutions, you can navigate this transition with dignity and respect.

Anthony Family Law assists clients with the complexities of separation and divorce across Ontario. Our firm focuses on providing clear, practical guidance to help you reach a resolution that protects your interests and your children’s future. If you are ready to discuss your options, contact Anthony Family Law at 647-933-2397 to schedule a consultation.

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 Ontario 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.

The holiday season, with its promise of warmth and togetherness, often casts a difficult light on marriages that have reached their end. If you are considering separation or divorce in Ontario, this time of year presents a deeply personal and complex question: should you begin the divorce process before or after the holidays?

This decision is about more than timing, and it isn’t a choice you should make based on general advice. It demands both compassion and practical legal strategy. At Anthony Family Law, we help guide you through the entire process and translate the emotional weight of this decision into a clear legal plan. We also help you consider year-end financial matters and — most importantly — safeguarding your children’s emotional well-being.

Your family deserves a smooth, focused transition. We have the expertise to make that happen. Here are some things to consider:

How Divorce Timing Impacts Your Children

If children are involved, their emotional experience is paramount.  Filing for divorce initiates a legal process that requires difficult conversations about parenting arrangements and a change in the family structure. Parents naturally try to shelter children from the conflict, but the underlying tension often feels greater during a time traditionally focused on celebration. Many of our clients in the Greater Toronto Area and beyond choose to maintain a sense of stability through the holidays, delaying the formal filing until the new year to protect their children’s emotional experience.

Managing Extended Family and Tradition

An imminent divorce can make holiday gatherings with in-laws or extended family difficult. The decision to file is deeply personal, and you should decide whether you are prepared to manage intense emotional pressure while navigating shared traditions, or whether waiting until the new year offers a cleaner, less stressful break.

Understanding the Ontario Legal Framework

Timing your divorce is heavily influenced by the legal process in Ontario. This process requires fulfilling certain conditions and following specific court rules. While the Divorce Act is a federal statute, the courts in Ontario manage the procedure and timeline.

The Key Requirement: One-Year Separation

The most common ground for divorce in Canada is that the spouses have lived separate and apart for at least one year.

• You do not need to wait a full year to file your Application for Divorce (Form 8A). You can file as soon as you are living separately and apart. However, the court cannot grant the divorce order until the one-year period has passed.
• “Separate and apart” does not always mean living in separate homes. Spouses can be separated while still living in the same residence, provided they have separate rooms, financial lives, and have stopped acting like a married couple.

If you have already met or are close to meeting the one-year separation requirement, filing before the holidays may feel logical. If you have just separated, filing now simply starts the court clock, but the final order will still take several months.

Court Timelines and Filing Procedures

The speed of a divorce in Ontario depends largely on whether it is contested. A simple, uncontested divorce—where both parties agree on all terms and file jointly—can often be completed within about six months after the one-year separation period is met, though it may take longer depending on the circumstances.

However, a contested divorce—where spouses disagree about issues like property, support, or parenting—takes significantly longer. These cases move more slowly because they involve several required steps, including:

• Filing the necessary court documents, such as a Form 8A: Application (Divorce) through the Superior Court of Justice.
• Attending a Mandatory Information Program (MIP), which must be scheduled before the case can proceed. This session explains the court process and the impact of separation.
• Participating in case conferences, which the court uses to help resolve issues. These conferences must be scheduled by the court and can add weeks or even months—particularly in high-volume areas like Toronto.

Filing right before the holidays will likely mean court activity slows down significantly during the court’s holiday break. The first few required steps in the new year—like scheduling the MIP or a Case Conference—may be delayed by the post-holiday backlog at the courts. Waiting until early January often means you hit the court system as it is running at full capacity, potentially leading to faster initial processing.

Financial and Property Considerations

The end of the calendar year is also the end of the financial year for many. This can impact the division of property, a central element of the process under the Family Law Act of Ontario.

Net Family Property Statement

If your divorce involves financial matters—such as property claims, spousal support, child support, or exclusive possession of the family home—you’ll need to complete the necessary financial forms. These forms provide sworn details about your income, expenses, assets, and debts, and are required for the court to address any financial issues in your case.  It can feel overwhelming to sort through these requirements, but our team is here to guide you every step of the way.  Here are some financial issue to consider:

• Valuation Date: The “valuation date” for property is generally the date the spouses separate without the prospect of reconciliation. This date is crucial for calculating the net value of your assets and liabilities to determine equalization payments.
• The Year-End Push: Waiting until after January 1st to begin the formal legal separation process might simplify gathering year-end financial documents like T4s, RRSP statements, and investment summaries. If you separate right before the holidays, you may be stuck trying to gather these critical documents during a time when banks and other institutions are operating on reduced schedules.

Our Approach: Beyond the Traditional Outcome

Deciding when to file is a personal matter that requires careful thought. At Anthony Family Law, our background in dispute resolution and commercial litigation helps us handle complex financial documentation and apply a strategic, business-minded approach to property and support issues. Whether through negotiation or court processes, we work to move cases toward efficient resolution.

If you choose to wait until the new year, the holiday period can be used to get organized. We can guide you in gathering the necessary financial disclosures and preparing a clear strategy so that when you file in January, you move forward efficiently and confidently.

Making Your Decision

The ultimate choice of when to file, before or after the holidays, rests on which factor you value most at this moment: emotional space or immediate legal action.

• File Before the Holidays: This immediately sets your court date in motion and provides a hard deadline for the beginning of your new life. Be prepared for a potentially tense and emotionally difficult holiday season.
• File After the Holidays: This choice offers your family a final, peaceful holiday together. It allows you to enter the new year focused and prepared, with a legal strategy already developed to minimize delays once the courts resume full operation.

We encourage you to prioritize your family’s emotional health and then align your legal strategy to support that choice.

If you are in or near Ontario and contemplating separation, we are ready to listen and help you structure a personalised, strategic path forward.

Call Anthony Family Law at 647-933-2397 today to schedule a free consultation. We are here to support you and help you reach a stable and sustainable future.

In Ontario, as in all of Canada, the bond between a grandparent and grandchild is incredibly important. When family circumstances change, often due to separation, divorce, or other upheavals, grandparents frequently find themselves cut off from the grandchildren they cherish. This sudden separation can be painful, leaving you to wonder about the legal options available to maintain that vital relationship.

We understand this is an emotional and challenging time. While Canadian law does not grant automatic rights to grandparents, it provides a clear legal pathway for you to request a court order for time with your grandchild, known as contact, or for decision-making responsibility (formerly referred to as custody). The entire process pivots on one crucial legal principle: the best interests of the child.

The Legal Framework: Statutes Governing Grandparents’ Applications

In Ontario, two primary pieces of legislation govern family law matters and determine your ability to seek court orders regarding your grandchild. The specific Act that applies depends on whether the child’s parents are married and seeking a divorce.

The Children’s Law Reform Act (CLRA)

The Children’s Law Reform Act, R.S.O. 1990, c. C.12, applies when the child’s parents were never married or were married but are not seeking a divorce.

Under this Act, any person, including a grandparent, may apply to a court for an order respecting contact with the child or for decision-making responsibility. The CLRA was specifically amended in 2016 to better recognize the significance of the grandparent-grandchild relationship better. Specifically, section 21(1) expressly includes grandparents as individuals who can bring an application.

The Divorce Act

If the parents of the grandchild are divorced or in the process of getting a divorce, then the federal Divorce Act applies.

Similar to the CLRA, the Divorce Act allows a non-spouse, like a grandparent, to apply for a Parenting Order or a Contact Order. Crucially, if you are not a spouse, you must first obtain the court’s permission, known as “leave,” before you can proceed with your application. To be granted leave, you must show that you already have a meaningful relationship with the child, which prevents individuals from using court applications to try to create a relationship that does not already exist.

Prioritizing the Child’s Best Interests

Whether your application falls under the CLRA or the Divorce Act, the court’s paramount consideration is always the child’s best interests. The judge will not focus on what is “fair” to you, the grandparent, but solely on what provides the best outcome for your grandchild.

Section 24(2) of the CLRA and similar provisions in the Divorce Act outline factors the court must consider when determining a child’s best interests.

Factors the Ontario Courts Will Consider

• The child’s needs: These needs depend on the child’s age and stage of development, especially their need for stability.
• The nature and strength of the relationship: This involves the ties between the child and each parent, sibling, grandparent, and any other important person in the child’s life.
• The history of care: The court looks at who has historically cared for the child.
• The child’s views and preferences: The court will consider the child’s expressed wishes, giving due weight to their age and maturity.
• Willingness to facilitate contact: The ability and willingness of each person applying for decision-making responsibility to support the child’s relationship with their grandparents, if appropriate.
• Unreasonable barriers: The CLRA also makes it clear that a person with decision-making responsibility should not create or maintain unreasonable barriers to the formation and continuation of a personal relationship between the child and their grandparents.

A strong, positive relationship with your grandchild, and evidence showing that maintaining this relationship benefits the child’s emotional and psychological well-being, is key to a successful application.

Grandparents Seeking Access (Contact)

Most grandparent applications seek contact, the legal term for the right to spend time with a child and communicate with them. To succeed in a contact application, you must demonstrate more than just an existing relationship. You must prove to the court that the parents’ decision to restrict or deny contact is detrimental to the child’s well-being and that the continuation of the grandparent-grandchild bond serves the child’s best interests. The court generally respects the parents’ authority to make decisions about their child unless there is a compelling reason to intervene.

Grandparents Seeking Decision-Making Responsibility (Custody)

It is more difficult for a grandparent to obtain decision-making responsibility (custody) because the law prioritizes parental care. Decision-making responsibility entails having the religious upbringing, and significant extra-curricular activities.

Circumstances Where Decision-Making Responsibility May Be Considered:

• Parental Incapacity: Evidence of chronic substance abuse, severe mental health issues, or an ongoing failure to meet the child’s basic physical and emotional needs.
• Child Safety Concerns: Situations involving family violence, abuse, or neglect that put the child’s safety at risk.
• Parental Death: In the tragic event that both parents have passed away.

Getting Experienced Support for Your Family

Applying for contact or decision-making responsibility as a grandparent is a complex, emotionally taxing process that requires detailed knowledge of Ontario family law. We, at Anthony Family Law, recognize the gravity of this situation and the loving role you play in your grandchild’s life.

Call Anthony Family Law today at 647-933-2397 for a confidential discussion about your rights and your grandchild’s future.

The holiday season can be stressful for families navigating separation or divorce. At Anthony Family Law, we help you feel empowered rather than overwhelmed, providing clear guidance and strategies to reduce stress for you and your children while ensuring legal arrangements are clear.

Understanding Parenting Time and Decision-Making Responsibility

Ontario family law focuses on children’s needs and encourages cooperation between parents. That’s why the law uses “decision-making responsibility” and “parenting time” instead of “custody” and “access.”

• Decision-making responsibility covers major choices about your child’s life, including education, health, and religion—factors often relevant during the holidays.
• Parenting time refers to when a parent spends time with their child.

Reviewing holiday schedules in advance, whether through agreements or court orders, can prevent conflict and make the season smoother for everyone.

The Child’s Best Interests Come First

In Ontario, the best interests of the child are the primary legal standard in all parenting decisions. Courts consider factors such as:

• Stability and continuity in the child’s life
• Quality of parent-child relationships
• Cultural and spiritual upbringing
  
• Parental cooperation and willingness to support the child’s relationship with the other parent

During holiday conflicts, judges prioritize ensuring the child feels secure and maintains meaningful relationships with both parents.

Finding Solutions Beyond the Courtroom

Holiday conflicts can trigger rushed legal battles that may harm family relationships. At Anthony Family Law, our background in dispute resolution and commercial litigation allows us to create thoughtful, strategic outcomes.

We help parents craft holiday plans collaboratively, minimizing stress and preserving flexibility. Mediation and arbitration offer structured ways to negotiate details like exchange times, travel consent, and communication protocols—without a judge imposing a schedule.

Our experience in complex disputes means we can create agreements that are durable, enforceable, and tailored to your family’s needs.

When Court Intervention Is Necessary

Even with the best agreements, conflicts can arise. If a parent refuses to return a child or violates a court order, Ontario law provides clear enforcement options under the Family Law Rules. Courts can issue necessary orders, including cost awards, and in rare cases, a contempt finding under Rule 31.

While court intervention is a last resort, our strategic courtroom experience ensures that when action is required, it is decisive, protecting your interests and prioritizing your child’s well-being.

A Compassionate and Strategic Path Forward

The holidays are challenging, but with clear guidance and effective strategies, you can feel empowered rather than overwhelmed. At Anthony Family Law, we combine strategic expertise with a compassionate approach, working to resolve disputes outside the courtroom whenever possible and providing authoritative advocacy when court action is unavoidable.

If you are navigating issues around parenting time, decision-making responsibility, or separation agreements, contact us for a confidential discussion about your family’s needs.

Call us today at 647-933-2397 to schedule a consultation.

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.

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.