Family Law
Introduction
Family Law, a significant component of the world’s justice system, plays a pivotal role in addressing familial disputes and safeguarding the rights of family members. Governed by both federal and provincial legislation, Family Law provides a robust framework for various matters, including marriage, divorce, child custody, spousal support, and property division.
Divorce
The federal Divorce Act governs divorce procedures. Either spouse can apply for a divorce if they have been separated for at least one year, which is the most common ground for divorce. Other grounds include adultery and mental or physical cruelty. The divorce can be uncontested (both parties agree) or contested (disputes over child custody, support, or property division).
Decision-making Responsibility and Parenting Time
Determining child decision-making responsibility and parenting time is one of the most sensitive aspects of Family Law. Under the Children’s Law Reform Act, the courts prioritize the best interests of the child when making decision-making responsibility or parenting time decisions. Factors such as the child’s physical, emotional, and psychological well-being, the parent-child relationship, and the child’s preferences (where appropriate) are considered.
Decision-making responsibility refers to the right to make significant decisions about a child’s care and upbringing, and it can be sole (one parent has the rights) or joint (both parents share the rights). Parenting time, on the other hand, refers to the time the parents or other significant individuals in the child’s life can spend with the child.
Child and Spousal Support
Both the federal Divorce Act and Family Law Act provide for child and spousal support. Child support is a legal obligation, typically imposed on the non-custodial parent, to contribute to a child’s financial needs. The amount of child support is calculated based on the Federal Child Support Guidelines, which consider the payor’s income and the number of children.
Spousal support, aimed at mitigating financial hardship caused by a divorce or separation, is not automatic. The court considers factors such as the length of the marriage, the roles of each party during the marriage, and the financial means and needs of the parties. The Spousal Support Advisory Guidelines can provide an idea of potential amounts and duration of support, although they are not law.
The adoption of a child is a beautiful moment in any family. In Canada, an adopted child is awarded equal status as that of the biological child. The adoption process is treated as absolute in all respects such as intestates or child support. Contact us for Bonding & Creating Families by Adoption.
What are the adoption rules for an adoptive parent?
The act of adopting a child comes with many legal implications apart from the emotional consequences for the child and the family. Different provinces have established a certain age of the applicant above which only any applicant can file an application for adopting a child. Since adoption is governed under provincial regulations, the eligibility and terms for the entire adoption process vary based on your province of residence.
Provinces also have different rules and regulations for different adoption sources such as public adoption, private or international child adoption. There are many kinds of adoption by source:
- Adoption agencies
- Adoption by a surrogacy contract
- Adoption by a stepparent or second parent
- Adoption by fertility treatments (such as sperm donation)
Legally, all adoptions need to be consistent with the Assisted Human Reproduction Act of Canada. Strong legal contracts and related agreements are also required to be in place for all adoption matters.
Home study
A Home study is a process done by every adoption parent applicant in which they have a detailed interview and application process. This home study process is conducted by a qualified social worker who also makes a home visit.
Once the adoptive parent has completed the above steps, they need to complete many background, police and reference checks. Though the home study process is mandated by all Canadian provinces, the process for each province is different.
Finally, the adoptive parents need to experience the adoption readiness training and preparation before they can go ahead and adopt the child.
What are the tentative expenses related to adoption?
Adoption is a process which can be done through many sources such as from public agencies, private organizations and even internationally. Other variables like the involvement of an agency, associated costs of travel, the specific province of residence are other factors which have a bearing on the adoption process. Public child welfare adoptions generally are less expensive than private adoptions.
What is the adoption process?
Generally, an adoption process can range from a period of 9 months to 9 years. Type of adoption, city or country of residence of the adoptive child and source of adoption are other factors which influence the adoption process.
If international adoption is happening, the specific adoption rules of that country also come into play as these rules vary. One instance is that same-sex couples can easily adopt a child while a few other countries may not allow the same.
Being more informed and aware of the entire adoption process can help to go through this process smoothly. Knowing the exact adoption guidelines of your province of residence can be a good first step.
Parental rights may also need to be given up in adoption cases where stepparent, sperm donors and surrogates are involved. Sperm donors may additionally desire complete protection from parental responsibility claims and future child support payments. In these situations, It is recommended to involve an experienced Family Law Lawyer to make sure that your legal rights and best interests of the child remain protected.
How We Can Help
At Bakers BBLT Associate Lawyers, our capable family law lawyers help in making effective representation for all your adoption related matters. They understand your specific circumstances and provide tailored and customized solutions for each of them. Many legal complexities exist in formulating adoption agreements, and an experienced family law lawyer can help you to navigate better in those complex situations.
Our Family Law Lawyers are available for a consultation. Come and experience our quality legal counsel and personalized care we give to each client. We ensure prompt communication and a caring approach to get the best outcomes for you and your family.
Custody & Access
At the time of separation or divorce, a couple has many issues to decide upon. In case, there are children borne of the marriage, their custody and access rights need to be decided.
Arrangements for custody and access can have a huge emotional impact on your children. These decisions also influence property division, child support and spousal support issues. Having an experienced divorce lawyer by your side can help to protect you and your children’s’ legal interests.
Custody & Access- How they are different
Custody and access are completely different terms which are often mixed up with each other.
Custody
Decisions made by parents about health, education, religion, and major recreational activities for their children refers to Custody. Custody has different forms including sole custody, joint custody and parallel parenting.
A single parent is the decision maker in sole custody situations while both parents jointly take decisions in the event of joint custody. Parallel parenting has clearly defined segregated areas for which each parent is solely responsible.
Access
Access is the actual time spent by children and parents together. It has various forms like common residency schedules and shared parenting.
In common residency schedules, one child stays with one parent in the primary residence while the other parent has visitation rights weekly at scheduled times. Shared parenting has weekly segregations as both parents are sharing responsibility for the parenting of the children.
Deciding Custody and Access
Parents usually make custodial and access arrangements themselves by mutual understanding.
If needed, lawyers or mediators are present to assist them in decision making, failing which the Court steps in to officiate.
Best interests of the children are considered by the Court while deciding on custody and access. Some factors considered by the Court include:
- Wants of a child (if the child is old enough to express his wishes and preferences reasonably)
- Parents’ physical and mental health
- Cultural and religious considerations
- Presence and continuity of a stable home atmosphere
- Child’s sex and age
- Child’ level of adjustment in community and school
How We Can Help
At Nanda & Associate Lawyers, our excellent divorce lawyers help in making effective representation for access and custody disputes. They understand your specific circumstances and provide tailored and customized solutions for each of them. Many legal complexities exist in recognizing foreign divorces, and an experienced divorce lawyer can help you to navigate better.
Our Family Law Lawyers are available for a consultation. Come and experience our quality legal counsel and personalized care we give to each client.
Property Division
Upon divorce or separation, the Family Law Act outlines how property should be divided. Essentially, the value of any kind of property that was acquired during the marriage and still exists at separation must be divided equally between the spouses. There are some exceptions, such as gifts or inheritances received during the marriage.
Conclusion
Family Law provides a comprehensive legal framework to address family-related issues and disputes. It is a complex area of law that encompasses a wide range of matters, from divorce to child custody, and from spousal support to property division. Given this complexity, individuals facing family law issues are advised to seek legal representation to understand their rights and obligations and to navigate the legal process effectively.
As per Family Law, dependent children need to be financially supported by their parents. Dependent children are defined as children aged 18 or younger, though few exceptions exist.
If parents of the child do not live together, the parent who cares for the child for maximum time receives child support payments from the other parent. It is possible that more than one parent pays child support.
When both parents spend almost the equal amount of time with their children, child support is paid by the parent who has higher income, and they are called payor. A stepparent or a person with a parent-like relationship with the child is known as a payor.
The Parents have an obligation to protect their children in all circumstances including when:
- The Parent does not reside with the child;
- The parent does not meet the child;
- One parent is not legally married to the other;
- One parent does not live with the other;
- One parent has no regular contact with the other;
- One parent has other children from a new or previous relationship
Child support and income assistance by way of Ontario Works and Ontario Disability Support Program are received by a parent in certain circumstances.
Who pays Child Support?
Who are defined as parents?
How many parents can a child have?
Who are classified as adoptive parents?
What is a parent-like relationship?
What are the Objectives of Child Support Guidelines?
The main objectives of the Child Support Guidelines include the following:
- Ensuring that children benefit from their parents’ financial means by creating fair standards of support; (in the case of a divorce-the children should benefit from the financial means of both parents)
- Making child support calculations more objective and to minimize any conflict and disagreements between parents;
- Guiding courts, parents and spouses to determine the quantum of child support and to encourage mutual settlements and enhance the efficiency of the legal process; and
- To ensure that parents, spouses and children in similar circumstances are treated in the same manner.
Can we work out our own arrangements for Child Support?
The child support amount should be established in a fair manner. Having an experienced family law lawyer will help in understanding which child support guidelines are applicable and how the quantum of the support should be setup. Referring to the child support guidelines will help as that is the basis of a Judge’s decision, if they happen to decide on it.
Negotiation or mediation can be opted for by the parents to reach a mutual understanding on child support matters.
Negotiation involves interaction of spouses with each other to resolve the legal issues arising from separation or divorce. Negotiation is one of the out-of-court settlement options available before litigation is opted by the spouses.
Mediation is a method of helping spouses identify their issues and assist them to work towards their mutually agreed solutions. Whenever spouses are not able to resolve their issues on their own, a mediator may be able to help in establishing communication between them.
However, negotiation and mediation may not be suitable in every case, particularly in cases involving violence or abuse.
Once a written agreement is drafted, it is advisable that parents review it individually with their experienced family law lawyers before signing the document. Both the parties need to be clear about their responsibilities and should act in accordance with the Federal and Provincial Child Support Guidelines.
The child support guidelines are regulations that prescribe the quantum of child support based on the number of children and payor’s income.
In the case of an incomplete agreement where few child support issues have been left out, the Court may order the parents to set it aside. Having a skilled and knowledgeable Family Law Lawyer on your side will help to formulate Child Support agreement in the right way. The court may set aside an incomplete agreement.
What is the connection between Child Support payments and Spousal Support payments
What is Interim Child Support?
How are Child Support Orders Enforced?
Is Income Tax Payable on Child Support Payments?
Will Bankruptcy affect Child Support payments?
How We Can Help
At Bakers BBLT Associates, our excellent Family Law lawyers help in making effective representation for matters involving child support and parent responsibilities, personalized to your situation. They understand your specific circumstances and provide tailored and customized solutions for each of them.
Our Family Law Lawyers are available for a consultation. Come and experience our quality legal counsel and personalized care we give to each client. We ensure prompt communication and a caring approach to get the best outcomes for you and your family.