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Survey shows more Canadians worried about money than children during divorce
Survey results of a recently released online poll shows that of 2100 Canadians, 2035 (94%) are most concerned about money when it comes to the divorce process. Only a surprising three per cent of respondents said children were their main concern, while 1.3 per cent and 1.2 per cent said emotional impact and legal concerns were what they were worried about, respectively. The survey data was compiled by an Ontario divorce strategy website.
Another end-of-August survey by the Association of Divorce Financial Planners that polled divorce professionals across Canada and the United States determined that the most common reasons for divorce is slowly drifting apart and the end of the child rearing process rather than more emotionally-straining issues like infidelity.
Both of these new surveys can shed light on alternative dispute resolution, a quickly growing method of dealing with divorce issues in a timely and less expensive manner than going to court. One popular method of alternative dispute resolution is collaborative law.
Collaborative law does not involve litigation and instead involves the spouses and their respective lawyers cooperating and negotiating to come to a resolution that benefits and is acceptable to both spouses.
Filed in Collaborative Law, Divorce, Questions and Answers •
Toronto mediation vs. collaborative law
”How long?” and “how much?” are two questions that are often at the forefront of any divorce-oriented thought process, particularly when separating spouses attempt to resolve such issues as property division, child custody, and support. While the financial cost of finalizing a divorce depends on a great number of variables, the emotional costs during a hotly contested dispute can be great, taking its toll on both the parents and the children.
Mediation and collaborative law are two methods of finalizing a divorce without litigation. Mediation involves using a mediator, usually someone with a background in social work, to act as a negotiator between the opposing spouses in order to resolve the outstanding issues. The parties’ respective lawyers are involved in the mediation process and can opt to amend a mediator’s recommendations or the parties’ themselves can make changes to a recommendation.
In contrast, collaborative law involves the separating spouses and their respective lawyers, who are all active participants in the negotiation of the matrimonial issues. Should any of the issues related to the divorce fail to become finalized, the collaborative lawyers are prohibited from representing the spouses in court. Collaborative law is less expensive and time-consuming than litigation.
Filed in Child Custody in Ontario, Child Support, Collaborative Law, Divorce, Family Property Division, Separation Agreements, Spousal Support, Support Orders, child custody •
More Ontario residents choosing out-of-court methods to resolve family law issues
According to a number of Ontario lawyers and professional mediators, an increasing number Ontario residents are taking their family law cases to alternative dispute resolution, including mediation and collaborative law. Alternative dispute resolution is a cost-effective alternative to the cost of litigating a family law matter in court, which is no longer within means for most people.
Alternative dispute resolution also provides a quicker resolution to a family law matter than litigation and provides parties with an opportunity to be heard and the ability to control negotiations. Parties are able to come to agreements, as opposed to having a resolution forced upon at least one party by a judge.
In mediation, a third party with special training, such as a background in social work, will assist both parties in making decisions. Lawyers are usually retained by the parties for advice in these cases, while in arbitration an arbitrator will meet with the parties’ respective lawyers. In collaborative law, parties’ lawyers will work to finalize an agreement that is acceptable for both parties, although if issues cannot be resolved the lawyers cannot be retained for any future court proceedings.
In 1999, the Ontario Mandatory Mediation Program was introduced in Toronto, Ottawa and Windsor. Mediation is an option that must now be considered in civil disputes at those locations. Mandatory mediation was not extended to family law cases because in some instances, such as domestic violence cases, mediation may not be a possibility.
In addition to its cost-effectiveness, alternative dispute resolution also removes children of separated parents from any exposure to the court process, and it enables adults, who were once children of their parents’ long, drawn out divorces, to go through their own family law dispute without lengthy litigation.
Filed in Child Custody in Ontario, Child Support, Child Visitation, Collaborative Law, Common Law Marriage, Divorce, Divorce Lawyer, Family Property Division, Mediation, Separation Agreements, Spousal Support, Support Orders, Toronto Divorce Lawyers, Toronto Family Lawyers •
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
Child Visitation Rights: Custody and Access for Children when Separating
CUSTODY vs. ACCESS or VISITATION
When parents separate the continued care and welfare of the children become major issues. Unless all parenting rights and responsibilities for the children are agreed upon between the parents to be equally shared, typically one parent will keep the majority of the day-to-day responsibilities, decision-making rights, and the physical care of the children (“custody”). The other parent will have the right to visit with the children and the right to be kept informed about the children’s health, education, and welfare (“access”).
CHILD’S BEST INTERESTS
When parents who separate cannot agree on the parenting arrangements for the children, they can go to a court have a judge make the decision. Under the Divorce Act and the Children’s Law Reform Act, a judge must decide “the best interests of the child” when making an order for custody and access. The judge must consider a number of factors including: the emotional ties between the child and each parent, proposed plans for the child, stability of the home environment, each parent’s capabilities and willingness to parent, and, depending on the age and maturity of the child, the child’s wishes.
ACCESS TERMS
Once the judge has determined that it is in the best interests of the child that an access order should be made, the judge must then focus on the terms of access, including: overnight and weekend periods of stay, holiday schedules, and vacation. The terms of access can be flexible (for example, “liberal and generous”) or structured (for example, “alternate weekends”), depending on the facts of the specific case.
SUPERVISED vs. UNSUPERVISED ACCESS
Access is normally unsupervised, however, where there are genuine and well-founded concerns about the safety of the children and/or for the custodial parent, the court can require visits or exchanges with the children to be “supervised”. Supervised access is a restrictive form of access where the visits are monitored by the custodial parent, a third-party, or a Supervised Access Program, to ensure the safety of all participants.
Supervised access is typically not a permanent provision ordered by the court, instead it usually operates as temporary measure to resolve any difficulties or concerns with access.
When considering custody and access issues, it is important to contact a Family Lawyer who can advise you as to your rights and that of the best interests of your children. Call Niren and Associates at 416 222 4555 or email us at info@divorcesupport.ca.
Filed in Child Custody in Ontario, Child Support, Collaborative Law • Tags: Children’s Law Reform Act, Supervised Access Program
The Growing Popularity Of Collaborative Law In Divorce
The process of ending an established marriage can drain family finances relative to the animosity between spouses and the marriage rights at stake. Disagreements over property and child custody inevitably require many trips to the lawyers and extended court appearances. The disruption in the lives of family members involves emotional fallout as it is without adding the frustration and anger over loss of money into the equation.
Filed in Collaborative Law • Tags: divorce coaches, divorce in recession, Stu Webb