Family Law
Custody and Access
Custody generally deals with decision making for issues concerning the child’s education, religion, major non-life threatening medical decisions and general well-being.
Joint custody means that the parties will consult with one another and agree to their decisions for the child.
Sole custody means that one party will make the decisions for the child without consulting the other party.
Access is the time that each parent spends with the child. Typical access arrangements depending on the age of the child are every other weekend with a mid-week visit or week about access schedules. Holiday access is another important issues that parents must work out with the general goal that the parent’s share the child equally during holidays.
Child Support
Child support is based on the Child Support Guidelines and is based upon the number of children and the paying party’s Line 150 income on their Income Tax Return if the payor is employed.
Child Support is managed by the Family Responsibility Office unless the parties mutually agree to withdraw.
Jennifer Swan is also skilled in seeking Refraining Orders to stop the Family Responsibility Office from enforcing a support Order and bringing Motions to Vary to change or terminate support orders and deal with any arrears owing.
Spousal Support
Spousal support is based upon the recipient’s need for spousal support and the payor’s ability to pay. It is also calculated based on the respective parties’ Line 150 income and other factors that are taken into account include but are not limited to the length of the parties’ relationship, who has the children living with them and if the recipient is able to work and what the party’s roles were during the relationship.
Property Division
If the parties are married, each party’s debts, liabilities and assets are to be disclosed as of the date of marriage, date of separation and the current date.
The party with the greater Net Family Property then pays the party with the lesser Net Family Property one half of the difference.
Common Law Partners
If you are a common law partner who has separated, you may be able to make a claim for property either as a constructive trust claim, unjust enrichment or as a joint venture. This is a very complicated area of law and you are unlikely to be successful unless you have a lawyer to explain to you these principles of equity and to advise you on what your claim may be.
Children’s Aid Society
It is recommended that anyone who is involved with the Children’s Aid Society seek legal advice when dealing with the Children’s Aid Society, even if the court is not yet involved.
It is imperative that parents seek immediate legal assistance if their children have been apprehended as the Children’s Aid Society must appear in court within 5 days of the apprehension and parents need to be prepared and legally represented at such hearings.
Services
- Divorce
- Separation Agreements
- Cohabitation Agreements
- Marriage Contracts
- Parenting Plans
- Court Applications
- Variation of Court Orders
- Custody and Access
- Child Support
- Spousal Support
- Property Division
- Equalization of Property
- Adoption
- Court proceedings involving the Children’s Aid Society
- Common Law Separations