Publications

Representing Fathers in Family Law

By | Blog

What Legal Rights Do Fathers in Ontario Have with Regard to Their Child? There do not exist any actual “rights to a child” for mothers or fathers. The job of a judge or collaborative law team is to determine the issues of custody, access, and support based on the best interests of the child. That being said, courts of the past operated on the assumption that children of young ages were better off living with their mothers. This assumption was referred to legally as the “Tender Years Doctrine”, and has now been abandoned in order for the legal system to…

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Collaborative Family Law

By | Blog

What is collaborative family law? Collaborative family law is a method of resolving disputes that takes place outside of the court system, in which both parties to the dispute work together with their family lawyers to arrive at a resolution. The first step in resolving a family law issue collaboratively is to try to come to an agreement by negotiating through lawyers. If parties are not able to reach an agreement through negotiations alone, they can enter into the mediation/arbitration process in lieu of going to court to litigate their issue(s). What is mediation? Mediation is a process in which…

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Canadian Divorce Financing

By | Blog

What is Canadian Divorce Financing? Canadian Divorce Financing (CDF) is a loan option specifically designated for people who are faced with a divorce but lack the funds to be able to pay for the necessary legal assistance. An individual can obtain CDF despite a low or non-existent income, and/or a low credit score. Who might benefit from Canadian Divorce Financing? Oftentimes in a contentious divorce scenario, one partner has access to liquid financial resources (spendable cash) while the other does not. This can occur when one spouse has spent much of the marriage working outside of the home and supporting…

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Custody of the Family Pet

By | Blog

How are Family Pets Regarded by the Courts? Although many people may consider the family dog, cat, or beloved iguana to be an important member of the family, pets are not family members in the eyes of Canadian courts. Instead, they are regarded as property belonging to one or both of the parties in a marriage or cohabiting relationship. Therefore, either party to the relationship cannot legally request or be granted “custody of” or “access to” a pet. There has, however, been some acknowledgment by courts that pets are nominally different from jointly owned assets that can be sold, with…

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