1) If my child(ren) live 50/50 with each parent, there is no obligation to pay support

This may be true but is likely not. If child(ren) spend more than 40% of their time at each parent’s home, this is referred to as shared parenting. In these circumstances child support can be different than the child support guidelines. The first step in determining child support obligations in a shared parenting arrangement is to determine each parent’s income for support purposes and determine their child support obligation in accordance with the Child Support Guidelines.

The second step is to determine the ‘set-off’ amount of child support. This is determined by deducting the lower support payment from the higher payment. For example:

Continue Reading 5 Myths You Were Told By Family and Friends About Child Support

We all know about lawyers being involved in the divorce process, but what about other professionals? Family professionals are often used in the collaborative practice process and may assist parties through their separation, both inside and outside of Court.

Continue Reading Discover Deborah Alton: Marriage & Family Therapist

Interview with Sue Cook, Owner of Family Therapy and Life Coaching Group
We all know about lawyers being involved in the divorce process, but what about other professionals? Family professionals are often used in the collaborative practice process and may assist parties through their separation, both inside and outside of Court. Livia Jozsa, lawyer with Galbraith Family Law in Barrie sits down with Sue Cook to ask her about her work as a family professional/family therapist and how she can help both lawyers and clients through the separation process.

Continue Reading Working with a Family Professional: Sue Cook Tell All

Parental Alienation is harmful to children. The negative impact of alienation may include depression, substance abuse, low self-esteem, self-hatred, guilt, poor interpersonal relationships, distorted view of reality, and self-doubt.

Most of my clients don’t realize how harmful it is to the child’s development to try to separate the child from the other parent during your access time. The child should not have to hide the fact that they may wish to speak to their mom during your access time or that having a picture of their mom by their bedside might help them fall asleep. It is not healthy for the child to simply erase the mom during their time at your home. Similarly, mom should not try to erase you from the child’s life. You should be invited to watch the child’s extra-curricular activities. Mom should let the child have a picture of you to look at when they are feeling lonely about not being with you. Mom should let the child speak freely to you on the phone at their own initiative. Mom should share all information with you about the child’s progress in school and about significant events, good or bad.

Continue Reading How to Spot Signs of Parental Alienation in Your Family

I’m surprised at the number of married clients who tell me they either haven’t been involved in the family finances, or they don’t know what their spouse owns.  In many of these cases, their partner was secretive, or dismissive or evasive when faced with questions about the family, the business or their own finances.

Money problems are at the root of many separations I’ve seen.  Even if it wasn’t the primary cause, conflict over money often plays an essential role in arguments and builds the level of distrust, leading a couple to decide to separate.  So, it’s no surprise when money struggles plague the separation process.

Continue Reading My Ex is Sneaky about Finances – What Should I Do?

What is Financial Disclosure?

Are contemplating a separation or divorce? One of the most important procedural steps you can anticipate is the exchange of full and frank financial disclosure. Family law legislation requires both parties to have sworn financial statements including supporting documentation. The forms needed for this process depend on whether the resolution of issues includes both property and support considerations, or just support.

Continue Reading Learn How to Keep Your Composure with Financial Disclosure

Divorce

There comes a time in our life when you must make decisions based on what lies ahead in your future. The decision could be to pack up and move to another country for a promotion, go back to school, get married, start a family, even file for divorce or separation. These choices are determined by the people in your life who influence you to go left or right or walk or run. Your network is made up of influential individuals like yourself. Friends and family are there for you when you need advice, reassurance, appraisal, and support. Their words can either bring you joy or discomfort. One word or one sentence can change your mind in a matter of seconds. But what if those words do more harm to our thought process than they should?

Continue Reading Discussing Your Divorce: Avoiding Dangerous Advice

Are Limited Scope Retainers Right for Everyone?

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You may feel that you have a strong case. Feeling that you have a good case is different than proving that you have a good one. Remember you need to be realistic. I can provide you with a professional outlook on your case. When you hire me under a limited scope retainer, I can do certain parts of your case while you handle other responsibilities. Whether you’re going through a divorce or separation, I can make the process as quick and painless as possible.

Continue Reading Limited Scope Retainers and Self-Reps

I often have clients that ask, is it really necessary to get a travel consent letter? The short answer is yes. Unless you want to take the risk of having your beautifully planned trip ruined, then yes. It can be a small bothersome task to have a travel consent prepared and notarized. And, you will likely have to pay a fee to have the consent letter witnessed and notarized, but it’s a small price to pay to the alternative of not being able to go on your trip.

Continue Reading Why Do I Need a Travel Consent Letter?

You can be self-represented and sue the CAS but I recommend that you hire a Lawyer on a limited scope retainer to assist you with preparing your Statement of Claim. You may also consider hiring a litigation coach on a limited scope retainer to assist you with preparing your argument at court.

The CAS will not negotiate with you and it will resist paying you any sort of money for having wronged you. It will want a court to order that you can’t have your case heard by a judge at trial or in other words it will want to have your claim struck. It will argue that it doesn’t owe you a duty of care and that it only owes the child a duty of care. You may want to sue on behalf of your child but you will need to sue in the name of a litigation guardian for the child. You may feel that you have been personally wronged but the law is not clear as to whether you have a right to be compensated monetarily for having been wronged.

However, the law in respect of finding a CAS negligent and/or acting in bad faith is evolving. It is very important that you have a lawyer prepare your Statement of Claim who can assist you with setting out precisely why you feel wronged and why a court should order that you should be compensated with money. It is true that CAS employees are protected against personal liability for any act done in good faith execution or intended execution of their duties. This immunity can only be displaced if you can show bad faith, malice or intentional wrongdoing on the part of CAS employees. If you can show that the society worker was biased, that he/she deliberately ignored pertinent information, knowingly filed a false and misleading affidavit, refrained from following up with collaterals, or demonstrated malice towards you then you may be successful in suing the CAS and being compensated monetarily. But, the court will and can strike out your claim if it doesn’t think that you have a reasonable prospect of succeeding.

Therefore, it is very important that you consider hiring a lawyer on a limited scope retainer, at the very least, to assist you with properly drafting your documents and assisting you with your argument before proceeding to sue the CAS.

Written by Lynn Kirwin. Family Law lawyer at Galbraith Family Law. To book a consultation with Lynn, please click here.