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I am not a Canadian citizen or Canadian Permanent Resident. Can I Apply For Divorce in Canada?
People who are neither Canadian citizens nor permanent residents can apply for divorce in Canada even if they were legally married in another country.
Pursuant to the Divorce Act, a non-Canadian citizen or permanent resident is eligible to apply for divorce if he or she is in a marriage where either one or both spouses have lived in a Canadian province or territory for at least a one-year period immediately prior to applying for a divorce in that same province or territory. In Ontario, the Superior Court of Justice has jurisdiction to grant a divorce to non-Canadian citizens who have been “ordinarily resident” in Ontario for “at least one year immediately preceding the commencement of the proceeding”. In deciding whether a party has been ordinarily a resident, a court looks to fact-specific evidence, such as length of residence at a fixed address, place of employment, location of a bank account, and maintenance of a driver’s licence. The court will determine whether the totality of the evidence establishes that a party is ordinarily a resident within the jurisdiction as opposed to on a temporary stay or visit.
Unless the residential requirements are met pursuant to the Divorce Act, a court in the province or territory where the divorce application is commenced will be without jurisdiction over the parties in the proceeding and therefore without jurisdiction to grant a divorce.
For more information about Divorce contact Niren and Associates Family Law Practice at 416 222 4555 or info@divorcesupport.ca.
Also visit www.VisaPlace.com information about issues relating for Canadian Permanent Residence and Canadian citizenship.
Filed in Divorce • Tags: Divorce, divorce lawyers
A Father’s Rights in Divorce
On Tuesday, the National Post reported on the disappearing of women’s studies courses in Canadian universities, and said that this is a good thing because they feel women’s studies courses have caused the family law and court system irreparable damage by encouraging the thought process that all men are controlling, abusive and incapable of basic child care.
While few of these courses are indeed as extreme as the Post portrays, this movement has definitely changed how people conduct their daily business. For example, equal opportunity employers may encourage applicants who are women to identify themselves as such on a job form rather than putting more emphasis on their qualifications or talents.
These ideals have put men and fathers at a seeming disadvantage with regards to divorce, separation and child custody.
A father has the same rights to a child as the mother does, in the eyes of Canadian law, until determined otherwise by a judge.
The idea that courts will generally side with the mother comes from the court attempting to rule for what is best for the child while remaining practical. Generally, the mother may be the primary caregiver, has remained home with the child since birth, or the father has been the one to leave the marital home in the event of a marriage breakdown. These factors influence the court’s custody decision, but they are not always a standard representation of each family situation, and circumstances can often be the direct opposite or both parents can be equally loving, responsible and fit to be a welcomed part of their children’s lives.
The most logical way to ensure a fair divorce and custody settlement is to build your divorce case with a reputable divorce lawyer. Call Niren and Associates Family Law Practice at 416 222 4555 or e-mail info@divorcesupport.ca for a confidential consultation.
Filed in Child Custody in Ontario, Divorce, Separation Agreements •
Easing the Pain of Divorce and Separation: Halifax “Divorce Fair” the first of its kind
Life After Divorce and Separation
Canada’s first-ever divorce fair opened for a two-day event this past weekend in Halifax. The organizer, Maria Franks, said she got the idea when she saw news reports about thousands of people attending a similar type of event taking place in Paris, but decided to add something unique: “his and hers” dates, one day each for men and women only
One of the biggest goals of the fair was emphasizing finding a new life after divorce.
“We’re not promoting divorce, we’re just saying this is the reality,” Franks said, “it’s stressful and it’s sad … but once it’s over, it can be the beginning of a new and better life.”
Options for Divorce
Reality, indeed. New survey data reported last year showed that half of marriages don’t end in divorce like previously thought, but the number is still quite high: almost 40 per cent of Canadian marriages end in divorce – events like this might just become more common in the future.
Many of the vendors also wanted to inform people of the many options that are available to them when going through divorce, aside from a costly court battle. In fact, the vendors at the fair aimed to offer advice on a number of divorce and separation-related topics that end up causing arguments and make the process more difficult than it has to be, including selling a home after a divorce, easing stress, childcare, financial issues and getaway vacations to refresh body and mind.
Vendors and booths at the fair included real estate companies, travel agencies, lawyers, financial service agencies and hair and makeup artists – divorce doesn’t have to be ugly.
Call us for a Consultation for Divorce and Separation at our Toronto Law Office
Informing yourself about the divorce and separation process if you’re facing a pending divorce can help you adequately prepare for what’s to come. Call Niren and Associates Family Law Practice at 416 222 4555 or e-mail info@divorcesupport.ca for a confidential consultation.
Filed in Divorce, Divorce Lawyer, Toronto Divorce Lawyers • Tags: Divorce Fair
Finding Adopted Child or Birth Parents after Adoption
Are you a parent looking to connect with your child that you gave to be adopted, or an adopted child looking to connect with your biological parents and family? Ontario’s adoption records are open for adult adoptees and birth relatives to obtain more information about their past.
Pursuant to The Access to Adoption Records Act, adult adoptees, birth parents (and other birth relatives), and former adoptive parents, are able to search for each other using the names that are disclosed in the birth registration and adoption order. Adoptees who are 18 years and older may apply for “Post-adoption Birth Information” and receive documents that include the name of their birth parents, the date and place of their birth, and their birth name, as well as other information about the surrounding circumstances related to their adoption. Birth parents (as well as former adoptive parents) who want to protect their privacy may file a “Disclosure Veto” that would prevent their identifying information from being disclosed.
Once an adopted child reaches the age of 19, the birth parents (as well as former adoptive parents) may also apply for “Post-adoption Birth Information” and request documents that include the adoptive name of their child as well as other information related to the adoption. Similar to birth parents, should the adopted child wish to prevent any identifying information from being disclosed to the birth parents, the adopted child may file a “Disclosure Veto”.
Adoptees and birth parents can also specify how they would like to be contacted by the other by filing a “Notice of Contact Preference”. Once specified, contact between the parties can occur via e-mail, mailing address, or telephone. If an adoptee or birth parent does not wish to be contacted by the other, but is willing to have his or her identifying information disclosed, they can file a “No Contact Notice”, which would allow their name to be disclosed, but would also impose a fine should the other party make an attempt at contact.
Under The Access to Adoption Records Act, adoptive parents may apply to be removed from the adopted child’s profile and can apply for non-disclosure of “Non-Identifying Information” regarding the surrounding circumstances of the adoption. “Non-Identifying Information” permits disclosure of some information about the birth parents and the adopted child prior to placement with the adoptive parents, however any identifying information specifically about the adoptive parents would remain confidential.
The Access to Adoption Records Act assists adoptees and birth parents to obtain information from their birth and adoption records, it does not assist with locating family members. To get in touch with one another, adoptees, birth parents, former adoptive parents, as well as other birth relatives, can add their names to the “Adoption Disclosure Register” which matches adoptees with their birth relatives and also permits the exchange of contact information.
If you would like to contact a birth or adopted relative, call Niren and Associates Family Law Practice at 416 222 4555 or e-mail info@divorcesupport.ca for a confidential consultation.
“Soprano” Legal Tactic for limiting Divorce Lawyers Spurned by Judge
On an episode of the popular HBO series the “Sopranos”, mob boss Tony Soprano contacted a number of high-profile New Jersey divorce lawyers in an effort to restrict the ever-dwindling pool of lawyers his soon-to-be ex-wife could choose to hire for representation in their pending divorce. Tony’s lawyer advised him that if he did so many lawyers would choose not to represent Tony’s wife because of the conflict of interest a conversation with her soon-to-be ex-husband would create.
Rachelle Tauber, a divorce litigant of Toronto, attempted something similar and Justice Judge Ellen Macdonald of the Ontario Superior Court of Justice ruled against Ms. Tauber’s request to have a lawyer with whom she held a seven-minute telephone conversation with months earlier removed as her husband’s legal counsel.
Ms. Tauber maintained that she revealed confidential information during the call, but the lawyer in question said that was not the case.
When Ms.Tauber discovered her husband, Jeffrey Tauber, had hired the same lawyer with whom she had the telephone conversation, she requested the court remove him as counsel. Judge Macdonald denied this request, ruling that “There is a concern that there is an element of strategy and tactics underlying this motion.” It is also interesting to note that the lawyer in question also represented Mr. Tauber during his first two divorces, one of which was high-profile, as well as Ms. Tauber’s first ex-husband.
Judge Macdonald maintained that if the “Soprano” tactic were to be allowed, spouses could easily ruin the other spouse’s chance of obtaining quality legal representation in their divorce.
The question of how much discussion can take place while “shopping around” for a divorce lawyer before he or she is retained as your lawyer is not well defined, which Judge Macdonald in the Tauber case held, “Raises important issues for the legal profession.”
When searching for a family lawyer with whom you feel comfortable to represent you in a divorce, ensure that the information disclosed during the consultation will remain confidential whether or not you decide to formally retain the lawyer.
If you are involved in or are facing a pending divorce, call Niren and Associates Family Law Practice at 416 222 4555 or e-mail info@divorcesupport.ca for a confidential consultation.
Filed in Divorce, Divorce Lawyer, Toronto Divorce Lawyers •
What Are My Child Visitation or Access Rights as a Non-Parent?
Access for Parents
Access (also known as “visitation”) is the child’s right to have contact with his or her non-custodial parent after a separation or divorce. Access can be determined informally between the parents, by way of a written agreement, or a court can make an order.
Who else may Seek Access?
In addition to a biological parent, other persons who have had or want to have a relationship with a child may also seek reasonable access pursuant to section 21 of the Children’s Law Reform Act and section 16(3) of the Divorce Act. “Non-parents” include grandparents and other relatives, step-parents, and common-law partners who are not the biological parent of the child.
Procedure for Grandparents and other Non-Parents to Request Access to a Child
Non-parents must seek leave (permission) from the court to submit an application for access. A court can grant an order for access to a non-parent under a number of circumstances, including where the non-parent has had a close relationship and is seeking to continue to spend time with the child. The merits of an application for access are determined based on whether it would be in the child’s “best interests” and whether there is “some beneficial connection” between the non-parent and the child. J.H. v. B.G. (1993).
Considerations for Granting Access to Non-Parents
As a general rule, biological parents have the right to determine with whom their children will associate. However, a judge can override a parent’s access decision on the premise that the child would benefit from having contact with the non-parent, particularly if there is a genuine bond between the child and the non-parent and whether severing any pre-existing relationship would have an adverse impact upon the child.
An order for access will not be granted if the biological parent can provide compelling reasons that denying access to the non-parent would be in the child’s best interests.
Contact a Family Lawyer who can assist you in understanding the judicial process and your rights and obligations before filing an application for access with the court. Call Niren and Associates Family Law Practice at 416 222 4555 or email us at info@divorcesupport.ca.
Filed in Child Visitation • Tags: Children’s Law Reform Act, Divorce Act, Grandparent Visitation, Step Parent Visitation
Controversial Child Custody Case from Brazil Resolved…..for Now.
One can only imagine the feelings of frustration David Goldman felt as he knew his nine-year-old son was being raised by another man thousands of kilometers away in a foreign country.
The boy had been taken by his mother on a vacation to Brazil in 2004, and they simply didn’t come back. While there, his mother divorced Goldman and remarried. After she died in childbirth in 2008, the boy’s stepfather and family had been raising him in Brazil and refused to return him to Goldman, maintaining that it would be unhealthy to remove the boy from the only life he knew. Two weeks ago, Sean Goldman was finally turned over to his biological father after an intense 5-year custody battle, bringing a happy conclusion to the story that had made headlines around the world.
International or intercultural marriages are on the rise and are being coupled with increasing divorce rates, which raises the issue of parental abduction.
Is it abduction if the abductor is a parent? Yes, if the parent leaves the country or area specified by a custody agreement or visitation court order. These kidnappings can be domestic or international and even involve a parent who refuses to return a child on time.
Difficult cases like these make it especially important to have a solid child custody agreement when dealing with a divorce in Ontario. Having full custody will also work in your favour if ever threatened with a similar situation or even a totally different case. If you are involved in a divorce or facing a pending divorce and have children, call Niren and Associates Family Law Practice at 416 222 4555 or info@divorcesupport.ca
Filed in Child Custody in Ontario, Divorce, Divorce Lawyer • Tags: Shawn Goldman
2010 Brings Major Changes to Family Law in Ontario
Commencing March 1, 2010, the McGuinty government will be implementing major reforms to a variety of Family Law matters in Ontario. The reforms have been introduced with the objective of improving the public’s access to justice in family courts.
The following are some highlights of the changes that will take effect under the new legislation:
- Family law litigants will have greater access to legal advice and the opportunity to resolve issues through the use of mediation, arbitration, and collaborative family law
- Steps to family law litigation will be streamlined and simplified
- Steps to obtaining a restraining order have been modified
- Child support amounts pursuant to either a court order or a domestic contract filed with the court may be recalculated by a child support service to reflect updated income information
- Additional evidentiary requirements must now be met when filing an application for custody or access to a child, including an accompanying affidavit containing a proposed plan for the child’s care and upbringing and information regarding the person’s current or previous involvement in any family law and criminal proceedings
- Every person applying for child custody or access who is not a parent must complete and provide to the court the results of a police records check and a children’s aid society report
- Where a person is declared to be the parent of a child, his or her written consent is required to change the child’s surname, if consent cannot be obtained or is refused an application can be made to the court
- Where a person is declared to be the parent of a child, an application can be made to the court to request that the child’s surname be changed to any surname that the child could have been given at birth
- The definition of “Net Family Property” has been amended to include any contingent tax liabilities when calculating a spouse’s debts and liabilities on the date of separation
- “Property” is to include the imputed value of a spouse’s interest in a pension plan
Full details of the upcoming reforms are still to be released by the government.
Check back to our blog for further details once the family law changes come into effect on March 1, 2010.
For further information on family law and divorce contact us at info@divorcesupport.ca or call us at 416 222 4555
Filed in Child Custody in Ontario, Child Support, Child Visitation, Cohabitation Agreements, Collaborative Law, Common Law Marriage, Divorce, Family Law Changes Ontario, Family Property Division, Marriage Contracts, Mediation, Prenuptial Agreements, Separation Agreements, Support Orders, Toronto Family Lawyers • Tags: Net Family Property