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What is the Purpose of Interim Parenting Orders?

As soon as separation occurs, parents must start to make decisions about who will have parenting time and decision-making responsibilities for their children and when they will go into effect. The Divorce Act allows the court to implement interim parenting orders while the parents figure out their long-term plans. Interim orders provide stability for children while the adults work through the divorce and/or separation process. While these interim order family court are temporary rulings, they hold the same legal enforceability as final parenting orders.

In complex cases, final determinations on parenting orders can take months or even years, so interim orders play a vital role in assigning parental responsibilities during this challenging time. If you are a parent who has recently begun the divorce process, an Ontario family law lawyer with experience in drafting parenting orders can help you ensure that you continue to play a meaningful role in your child’s life. Reach out to our law firm today to learn how we can assist you.

Why isn’t the term “custody” used regarding these orders?

In the past, interim parenting orders were known as interim parenting or temporary custody orders, and you may still hear them referred to by these terms. However, the Divorce Act has been amended in recent years to reflect an emphasis on the well-being of the children involved.

This change has resulted in updated legal terminology that centers around the child’s needs and best interests. Therefore, “access” and “custody” have been replaced with the terms “parenting time” and “decision-making responsibility” in court proceedings.

How Are Interim Parenting Orders Created?

A few different scenarios could result in the creation of interim parenting orders. The process for your particular case will depend on the complexity of your situation, whether or not you and your ex-spouse can agree on terms, and the needs of your child(ren). Unless there are unusual extenuating circumstances, most interim parenting orders can be implemented without needing a lengthy hearing.

A judge must approve any interim parenting order before it is legally enforceable in most jurisdictions. They will consider whether a proposed plan is in the child’s best interests and may make modifications as they deem necessary. Some ways an interim parenting order can be enacted include:

• Both parents agree on a parenting plan, and the judge approves it.
• The judge approves an agreed-upon plan with modifications.
• Each parent creates a plan, and the judge combines them.
• Each parent proposes a plan, and the judge accepts one parent’s plan.
• The judge makes their own interim parenting plan based on the child’s needs.

Who Can Apply for an Interim Parenting Order?

Pursuant to the Divorce Act, anyone who has applied for a parenting order is eligible to apply for an interim parenting order. Either or both spouses in the divorce proceeding can apply.

Other individuals may apply, but only if they are currently in or seeking a parental role, such as:

• Biological parent(s) not involved in the divorce or separation.
• Grandparents or other family members looking to have parental rights.
• Other individuals who have been named as a child’s legal guardian.

Why Are Interim Parenting Orders So Critical?

While interim parenting orders are technically temporary, the court often uses them as a model for the permanent parenting plan unless either side can clearly demonstrate why they should be modified. The court’s main objective is to look after the child’s well-being and protect their best interests. As such, they prefer to maintain the existing arrangement whenever possible because changing the child’s care pattern may be highly disruptive.

Due to this preference by the court, it is crucial to create an interim parenting plan that is feasible for the long term because it may be challenging to introduce significant modifications later when negotiating a final parenting plan. An experienced divorce lawyer can help you plan ahead and build a parenting agreement that is beneficial for your child and you.

What if You Disagree With the Court’s Interim Decision?

As with any court proceeding, you have the right to appeal a decision if you have valid reasons for disagreement. You must have concise documentation to support your argument and follow the appropriate legal process. However, you must remember that the court does not generally consider what is convenient or best for each parent.

Instead, they are concerned about the well-being of the child. If you have strong preferences, it is best to be thoroughly involved in the negotiation process so you can make your wishes heard and create a solid plan that does not leave the decision entirely up to the judge. Your lawyer can advise you on the next steps to take if you feel that the interim orders are not serving your child’s best interests.

How Can a Child Custody Lawyer Help You Create a Sustainable Interim Parenting Plan?

As a parent, you want what is best for your child, whether that involves a short-term agreement or a long-term plan. Maintaining stability in your child’s life throughout the divorce process can be crucial to their well-being. A solid interim parenting plan that can transition smoothly into a permanent parenting order is often beneficial to your family.

Our law firm has years of experience helping parents craft the best possible parenting plans for their children. Even if your divorce or separation was less than amicable, we can assist you in negotiating an interim parenting order that minimizes the stress and disruption for your child and paves the way for a more permanent parenting order that accounts for the needs of your family. Contact our law office today to discuss your case with a helpful Ontario family law lawyer.

What Do You Need to Know About Setting Up a Parenting Agreement in Ontario?

A parenting agreement is made after a divorce or separation involving at least one minor child. This document outlines each parent’s rights and responsibilities regarding the child’s living arrangements, important life choices, and more. In the past, these decisions were discussed in terms of physical and legal custody.

In 2019, Ontario updated the wording of its Divorce Act to reflect a greater focus on the well-being of the children involved. Now your parenting agreement will include the terms “parenting time” and “decision-making responsibility”, instead of “access” and “custody”. Understanding what these terms refer to and how they can be used to create a mutually beneficial parenting agreement is critical for newly-divorced or separated parents.

What are the Important Distinctions Between Parenting Time vs. Decision-making Responsibility?

It’s crucial to remember that parenting agreements can look different from family to family.

These differences can be distilled down to choices regarding parenting time and decision-making responsibilities.

• Parenting time: Previously referred to as access, this is the time when a parent is responsible for their child and is acting as the primary caregiver, even if the child is in school or daycare. Usually, the child is living with the parent during this period unless the agreement involves supervised parenting time, where the parent can only see their child in the presence of another party monitoring the interactions. Being allocated parenting time gives a parent the right to request information from the other parent about their child’s well-being, education, and other essential matters.
• Decision-making responsibilities: Previously referred to as custody, when a parent has decision-making responsibilities, they are allowed to have the final say on fundamental aspects of their child’s upbringing, including their cultural influences, education, medical decisions, religious affiliation, and more. These responsibilities can be shared or granted to one parent.

There is obviously an overlap between these two areas since a parent has general decision-making responsibilities for the day-to-day issues affecting the child during their parenting time. However, while either parent can make minor decisions during their parenting time, major decisions must be made by the parent with that responsibility or agreed upon by both parties if it is a joint responsibility.

If You Have Joint Parenting Time, Do You Automatically Have the Right to Equal Input on All Decisions Affecting Your Child?

Your decision-making responsibilities are not automatic and ultimately depend upon the nature of your parenting agreement. If both parents can easily agree on decisions, they may choose to share the responsibility for all decisions equally. If there are issues that one parent feels strongly about or has particular knowledge of, then the agreement may allocate different types of decisions to each parent. For example, one parent may be responsible for all choices regarding their child’s education and religious upbringing, while the other handles medical and health-related decisions.

If the court does not believe that you and your ex-spouse can effectively work together and put aside your differences to make important decisions about your child’s well-being, the court may choose to grant sole decision-making responsibility to one parent. If this happens, the other parent must still be notified of the decisions and may express opinions, but one parent will have the final say.

You can set up your parenting agreement to be as specific or open as you wish on each parent’s decision-making responsibility. If it is left up to the court, a judge may delegate different duties to each parent based on what they believe is in the child’s best interests. The child’s needs are always paramount in court proceedings and should be given the utmost consideration in any negotiated agreement.

A carefully crafted parenting agreement ensures that the court and everyone involved understands the nature of your co-parenting system. An experienced Ontario custody lawyer can help you create the necessary documents to record these arrangements and make sure all potential areas of disagreement have been resolved.

How Does Your Parenting Agreement Impact Your Child Support?

The court generally follows the child support guidelines set out under Ontario and Federal law. While decision-making responsibilities do not necessarily have an impact on child support orders, your parenting time arrangement will. In particular, the law makes provisions for parents who engage in split parenting time with multiple children or shared parenting time where each parent has a child for at least 40% of the time.

If you are concerned with how your parenting agreement may affect your child support, a knowledgeable Toronto child support lawyer can explain the implications and options during the negotiation process or court proceedings so that you can make informed choices for your family.

How Can a Well-Versed Family Law Lawyer Assist You?

Even if you and your ex-spouse are on good terms, it can be challenging to smoothly negotiate a parenting agreement. If there are disagreements, emotions can run high, and talks may be derailed, leaving these vital decisions up to the court. The court is bound by law to act in the best interests of the child involved, and thus may give little consideration to each parent’s preferences, potentially leaving you with an awkward agreement that you would not have chosen for your family.

Family law lawyers are skilled in negotiating parenting agreements and working through the difficulties involved to create a unique plan that meets the needs of your child. We can help you develop novel solutions for parenting time and decision-making arrangements that fit your family. Contact our law firm today for all your parenting agreement needs.

Divorce can be a challenging, time-consuming, and emotional process. It’s easy to get wrapped up in the circumstances and wish you had done some things differently when you look back later on. Some of the common divorce mistakes people make are not understanding how marital and individual assets differ, letting the focus stray off of the children if applicable, and trying to go through the process without a lawyer. We cover each of these in more detail below.

Divorce is always a major change, and even the quickest and most agreeable divorces can have some hiccups. It’s important to have legal counsel you can trust to advocate for your rights. Our law firm serves clients in the Toronto, ON, area and can help you navigate the process from start to finish.

How Can You Develop a Positive Coparenting Relationship?

Not all divorces involve children, but the ones that do are often more complex. Child custody and child support matters can be contentious and take time to work out, and it can be difficult to keep the larger co-parenting relationship in focus. When you are dealing with your ex, it’s important to try to view them as your children’s parents and to focus on what’s best for the children. And in most situations, that’s a healthy, positive relationship with both parents.

What Qualifies as Marital vs. Individual Assets?

What counts as marital property is a common area of misunderstanding in divorces. In general, any property acquired after the marriage is considered marital property—even if it’s only in one person’s name or the purchase was made by one person. Individual assets that are not subject to marital property division guidelines are generally those that existed as separate assets before the marriage and that were not used as marital property. For example, if one person had a bank account before the marriage and maintained that in their name only, that would be individual property. But if they used the funds from that account to pay marital bills or expenses, it could be considered a marital account.

Why Do I Need a Divorce Lawyer?

In some cases, couples are able to agree on all of the terms of the divorce and are ready for it to be an amicable split. If this is you, it can be tempting to attempt to go through the divorce process without a lawyer. However, it’s important to note that even divorces that start off well don’t always end that way, and it can be difficult to pivot quickly if your ex decides they no longer agree on child custody or division of assets in the middle of the divorce. A divorce lawyer can help ensure all of your paperwork is filed correctly and that you understand how any agreement reflects your rights and interests under Ontario law.

The first step is talking with a family lawyer about your situation. Our team is experienced with common issues and pitfalls that come up in divorces and can help you understand your options. Call our Toronto office today at 647-933-2397 to set up a consultation.

Filing a divorce in Ontario is a relatively simple process. All you have to do is file the proper forms with the local family court and pay any associated fees. However, these forms need to be filled out correctly and all of the divorce requirements must be met to ensure that the divorce can move forward. While it is possible for someone to file for divorce without a lawyer, it’s not advisable. To file for divorce with a lawyer, all you have to do is retain counsel and have them draft the paperwork for you to sign before they file it.

If you’re ready to file for divorce, the first step should be to talk with an experienced family law lawyer. Our firm can help you understand the Ontario laws and what to expect from the divorce process.

Are There Legal Requirements to Get a Divorce?

There are specific legal requirements that you must meet to file for divorce in Ontario. The marriage must either be ending as a result of infidelity, cruelty, or abuse, or you have to have been living apart for at least one year. While this often means living in separate houses, this isn’t always the case. The law requires that you be living separately and apart for one year, but it is possible to meet these requirements without having two residences.

How Long Does the Divorce Process Take?

How long the divorce process takes depends on your unique situation, and the most important factor is whether both parties are in agreement on the divorce and how any property division or child custody matters will be handled. In general, it can take anywhere from four to six months to get through the divorce process, but this can be significantly longer–even stretching into years–if there are issues that have to be handled through a trial in the family courts.

When is a Divorce Considered Final?

Many people celebrate when the judge hands down the divorce decree, but this isn’t when the divorce is actually considered final. A Divorce isn’t considered final until 31 days after the decree is filed by the judge. This is especially important to be aware of if you are planning to get remarried shortly after the divorce, as you will need to wait for the divorce to take effect before you can remarry.

Divorce is common, but that doesn’t mean it’s easy. Depending on the joint assets you have and whether there are children involved, you may need to consider aspects such as spousal support, child custody, and child support. Schedule a consultation with one of our divorce lawyers to get more information about how divorce works in Ontario and what your next steps should be. Call 647-933-2397 today.

Spousal support is a type of monetary support that the courts can award when a couple divorces. It is money that is paid on a monthly basis from one party to the other. The goal of spousal support is to provide temporary financial support to one party as they get back on their feet and more financially established after the divorce.

Spousal support amounts can be significant and can play a large role in your finances after the divorce. If you are getting a divorce and you think that spousal support may be a factor, talking with a divorce lawyer can ensure that you understand what to expect.

Under What Circumstances is Spousal Support Awarded?

In Ontario, spousal support can be a factor for marriages or common law relationships of at least three years. There are some situations where non-marriage relationships may also qualify, specifically if the relationship resulted in a child. Spousal support amounts are determined by taking a variety of factors into consideration. These can include the income of both parties, whether responsibilities during the relationship led to one party not being able to pursue career or education goals, the number of children, and any special circumstances.

How Long Do I Have to Pay Spousal Support?

How long a spousal support order is in place usually depends on how long the relationship lasts. The general duration of spousal support ranges from six months to one year for every year of the relationship. This means that a 10-year relationship could result in a spousal support order that is valid for five to 10 years. However, if the relationship lasted at least 20 years, the courts have the option of making a spousal support order permanent, which is often commonly referred to as alimony.

What Should I Do If I’m Unable to Pay?

If you think you may be unable to meet the obligations of a spousal support order, it’s important to take action as early as possible. Let the courts know that you don’t think that the spousal support amount is reasonable considering your financial situation or that you don’t believe that the relationship qualifies for spousal support to be a factor. You will need to provide evidence and documentation for any argument you are making, and this is where a lawyer can be of service.

Whether you are the party receiving or paying spousal support, it’s important to understand your rights, obligations, and legal options. Our lawyers are experienced with cases involving spousal support and can provide counsel on how to present your case to the courts, how to request a modification of a spousal support order, and how to enforce a support order. For more information on our team and how we can help, call 647-933-2397 today to schedule an appointment.

In Ontario, most child support orders are valid until the child turns 18. However, there are some exceptions that can extend an order. Sometimes, if the child turns 18 during their last year of secondary school, the support order could remain in place until the child graduates. Ontario also allows some support orders to remain active if the child decides to pursue college and is still a dependent during this time.

When you are issued a child support order, it’s important to review it fully so you know what the terms are, how much the support order is per month, and how long it lasts. If you have any questions about your child support order, our law firm can help you understand what it covers and what your options are if you think it should be different.

When Are Child Support Orders Issued?

Child support orders are issued when the parents of a child divorce. Child support orders can also be issued if two parents never married but one parent believes they may be entitled to a support order and petitions the court. It’s common for support orders to be issued in combination with child custody orders. The child support agency has to determine the amount of support from the financial records of the parents, so it can take some time to be finalized and put in place.

Can I Ask for a Modification to a Child Support Order?

It is possible for child support to be modified after it has been put in place. The first step is to look over your existing order and decide what change you are requesting. One of the most common modification requests is to lower the amount of child support ordered based on the payor losing a job or decreasing income. Next, you will need to file the paperwork with the courts and serve the other parent. If both parties agree to the change, the courts can modify the order and make it final. If the parties disagree, the case goes before the courts to make the final determination.

Can a lawyer Help Me With a Child Support Order?

While child support modifications are usually straightforward, a lawyer can be a valuable asset. They can ensure that the paperwork is completed correctly, filed with the appropriate departments and that it clearly explains the reason for the modification request. If the case has to go to the courts, a family lawyer can argue your position in the courts so that you don’t have to worry about preparing notes or going before a judge.

If you live in the Toronto area and are interested in modifying your child support order, schedule an appointment with our firm today to go over your options. We have experience with child support orders, including initial orders and modification requests, and can walk you through the process. Call 647-933-2397 to get started.

How long a divorce takes in Ontario depends on whether it is contested or uncontested and how many aspects the two parties agree on. An uncontested divorce is faster than a contested divorce and usually takes just a few months. A contested divorce can take much longer and may even take years to resolve if there are complicated custody decisions or several trials within the divorce.

Just because divorce is common doesn’t make it simple or quick. By rushing through the process, you may end up settling for less than you deserve. Talk with one of our lawyers to find out what you may be entitled to in a divorce and how long you can expect the process to take.

How Long Do I Have to Wait to File for Divorce?

In Ontario, the courts require that couples who want to divorce be separated for at least one year before filing for divorce. This is designed to ensure that couples don’t rush into divorce proceedings only to regret it later on. Having to live “separate and apart” for a year can also make it easier for the parties to know what they want out of the divorce agreement. For example, they may already have a visitation schedule that’s working for them so that can be easily incorporated into the divorce agreement. Spouses who are divorcing for reasons of abuse or infidelity do not have to abide by the waiting period.

What Are Some Options to Speed Up a Divorce?

The easiest way to speed up a divorce is to look at it as a cooperative process. The more both parties can agree on, the less time the courts have to use in making decisions that the parties can’t make for themselves. If you want to make your divorce as efficient as possible, try to work out agreements with your ex for the major issues like property division, child custody, and spousal support in advance so all you need is a judge to sign off and make it final.

When is the Divorce Actually Final?

Many people think that the divorce is final at the resolution of the last hearing or when the judge issues the divorce decree. However, this isn’t quite true. In Ontario, a divorce is final at 31 days after the judge grants the divorce. While this may be close enough to not be an issue for most people, parties getting a legal divorce so that they can marry someone else must pay careful attention to this timeline.

The first step in filing for divorce is to contact an experienced family law lawyer. Our divorce lawyers are knowledgeable about all facets of divorce and know what questions to ask to find out how long your divorce may take. To get more information and get the process started, call 647-933-2397 today to schedule your appointment.

The costs associated with a divorce include a few separate fees. These are the lawyer fees, the court costs, the filing fees, and any other expenses. Other expenses could be things like transportation costs to and from court hearings and hiring outside experts. Most of the money that you will spend on a divorce is for the lawyer fees.

Cheaper isn’t always better, and while it can be tempting to DIY a divorce to save money, it can cost you much more than money in the long run. Our lawyers can help you understand all of your options and rights when it comes to divorce and make sure that your interests are protected throughout the entire process.

How Much Does a Divorce Lawyer Cost?

The cost of a divorce depends on many factors, including the number of issues to be dealt with, the complexity of your case, the reasonableness (or unreasonableness) of both parties, the experience level of your chosen lawyer, etc. The more experienced your lawyer, the higher their hourly rate. Some straightforward cases can be handled exclusively by junior lawyers under supervision, whereas high conflict or high net worth family cases should be handled by counsel with years of experience dealing with similar cases.

What Can I Do to Make a Divorce Cheaper?

The general rule for divorce costs is the longer the divorce takes, the more you can expect to pay in lawyer fees. This is because most lawyers charge by the hour, and a divorce that takes longer than normal also usually includes more hearings, more time spent interviewing witnesses, and more time spent gathering evidence. If you and your ex can agree on the major points of the divorce, it is likely to be less expensive because it turns what can be a long back-and-forth process into just asking a judge to sign off on the agreement and make it final.

What Happens If I Don’t Have the Money for a Divorce?

If you don’t have the money for a divorce, there may be some options. Short-term loans are sometimes available and can give you the money for a retainer quickly. Friends and family members may also be willing to donate or loan toward the divorce funds. Some people also consider selling large ticket items or taking on another job to pay for the divorce, but it’s important to talk with a lawyer before selling marital property or doing anything that could impact the family finances, as this can affect the divorce proceedings themselves.

If you’re not sure if you can afford a divorce and need to know what your options are, contact our Toronto office at 647-933-2397. We can look at your case and let you know how much your divorce may cost and what options we have for moving forward.

Father’s rights is a blanket term that is used to refer to the rights fathers have to see their children. It has been used by some family law groups in relation to the idea that it is harder for fathers to get sole or equal joint custody of their children than it is for mothers. However, Ontario doesn’t officially have any kind of legal father’s rights. Instead, the family courts here operate under the assumption that both parents have equal rights to the children unless there are exceptional circumstances—such as abuse—that indicate otherwise.

If you’re a father who is fighting for custody or more visitation, it’s important to understand how parental rights work in Ontario and what your options are. Our law firm has experience with these types of cases and can help you form a strategy to pursue your case through the family courts.

Can the Mother Deny the Father Access to the Children?

In Ontario, the courts recognize that children have a right to have a relationship with both parents. This means that one parent cannot deny the other parent access to the children unless there is a court order specifically allowing this. Both parents must abide by any court order in effect regarding custody or visitation rights, and this includes providing access to the children as well as exercising any given visitation rights.

How Can a Father Get Increased Visitation Rights?

The primary way to get increased visitation rights is to petition the courts either to issue a child custody order with visitation if there isn’t one established already or to modify an order already in place. If there is already a custody order, it’s important to be able to show the courts that the children would benefit from having more time with you and that you have been an active, involved part of their lives thus far.

What is Involved in Changing a Custody Agreement?

To alter a custody agreement already in place, you will need to file a petition with the courts. These petitions need to show that there is a reason for the proposed change and that the change would be in the best interests of the children. This is an important distinction to note because many parents try to focus on why they should have access to the children instead of why the children should have access to–and a relationship with–them.

Navigating the family court system can be challenging, but it helps if you have an experienced family lawyer by your side. Call our office today at 647-933-2397 to find out more about how we can help with these cases.