Family law is a diverse area of law that examines issues surrounding familial relationships and domestic matters. In Ontario, this subject area of the law is governed by the Family Law Act, Children’s Law Reform Act and other federal and provincial statutes. If you’re dealing with any aspect of family law it’s crucial that you understand which laws apply – this blog post gives an overview of family law in Ontario including divorce proceedings, child custody agreements and support payments.
Divorce in Ontario
Ontario law permits divorce on the grounds of irretrievable breakdown, meaning the marriage has broken down irreparably and cannot be repaired. You don’t have to prove who was at fault in order to obtain a divorce; all it takes to file for one is showing evidence of irretrievable breakdown.
To qualify for a divorce in Ontario, either one must have been separated for at least a year or have experienced physical or mental cruelty from their partner. If separated for less than a year, however, an agreement could be created that sets forth terms of your separation agreement.
Child Custody in Ontario
Child custody refers to the legal and physical care provided for a child by both their legal guardian, as well as by other members of society. In Ontario, this area is regulated by the Children’s Law Reform Act; when making decisions about custody decisions the court considers what is in the best interests of the child when making its determinations.
Ontario recognizes two forms of child custody arrangements, sole and joint custody. Sole custody means one parent assumes legal and physical care of the child while joint custody requires both parties sharing legal and physical responsibilities for caring for it.
When making custody decisions, courts take several factors into account, including: (1) age of the child (2) relationship with each parent (3) any preferences expressed by child (if old enough to express them) (4) ability of both parents to meet needs
Child Support in Ontario
In Ontario, child support refers to financial support provided from one parent to the other to cover living expenses associated with raising their child(ren). The Child Support Guidelines govern this aspect of child support payment.
Child Support payments must be calculated based on both income and number of children for whom support is being paid, along with any special or extraordinary expenses such as childcare costs or extracurricular activities that arise. Guidelines also take this into consideration.
If a parent who owes child support is refusing to make payments, the other can take legal action to enforce them. A court could issue an order compelling them to make these payments; steps might include garnishing their wages or seizing assets to comply.
Family law matters can be emotionally and psychologically straining. If you find yourself involved with family law in Ontario, it’s essential that you seek professional legal advice in order to navigate the legal system and protect your rights. With the information presented herein this blog post, now have an improved knowledge of family law issues such as divorce, custody arrangements and support obligations in Ontario. For further information visit our website by clicking HERE