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Find answers to your questions about separation, parenting, and support. Browse by topic or search for an article.
Learn how the separation period, court process, and disputed issues can affect how long your divorce takes.
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Children remain an integral unit of the family, long after parties separate. As such, the child/children’s views and wishes are a relevant and practical consideration when constructing a parenting plan for the parties’ separation. This is where Voice of he Child Reports come into play. When parties are negotiating their parenting plan, they may consider […]
What is Spousal Support? Spousal support, sometimes called “alimony”, is money paid from one spouse to the other after the dissolution of the relationship. The obligation to pay spousal support is a legal one, and may arise either from a marriage, or from a common-law relationship. Spousal support, unlike child support, is not an automatic […]
How can you go about enforcing a custody and access order? Despite having a Court Order, there are often times where one party to an agreement or Order fails to follow the terms of that agreement or Court Order. For example, one parent might interfere with the other person’s parenting time by withholding access. Contempt […]
Parents’ rights after separation Many parents think that they have inalienable rights as a parent and that those rights do not change as the family circumstances do. This is not true. One of the surest ways for a parents self-perceived rights in regard to their children to be diminished is for a parent to react […]
Either spouse can apply for equalization under the Family Law Act of Ontario (“FLA”) after separation. This is however, restricted by a limitation period codified by the FLA, which prevents one from bringing a claim for equalization later than the earliest of the following: Six months from the date of the spouse’s death. Six years […]
In exceptional circumstances, a parent may be unable to provide the requisite care for their child, and a non-parent may be given custody. Simply put, the authorized parent is not able to provide a contract to “transfer” said custody or access, but rather, the non-parent must make an application and apply to the court for […]
Will the courts get involved in resolving the dispute? Over the past few months our firm, Nussbaum Law, has received inquiries from clients whether or not their child or children should attend school in person or remotely if there is a dispute between the parents how the children should attend school. This issue came before […]
But my child wants to live with me! When can a child decide which parent to live with? A child is entitled to have their opinion be considered by any judge who is considering an application regarding custody or access according to subsection 64(1) of the Children’s Law Reform Act (CLRA). This right to be […]
COVID-19 and the stressful situations it has caused have hugely increased the number of couples seeking separations and divorces. It is no surprise that trapping couples in shaky relationships in lockdown together and adding financial insecurity to the mix would result in a spike in divorces and separations. Unfortunately, the pandemic has not only increased […]
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