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Ontario Family Law Reform Pilot Projects Underway
In January,we blogged about the pending changes that were announced with regards to reforms of several different family law procedures in Ontario, expected to commence in March.
The goal of the proposed reform was to reduce time spent in courts and ensure that children are better protected, typically by providing more available information to families regarding court-alternatives like mediation or collaborative family law as well as ensuring anyone applying for the custody of a child was given an appropriate background check.
“Test sites” were to be set up on two courts in the province, Milton and Brampton. Those services are now underway as of last week in an attempt to reduce the combativeness an emotional tones of some family law disagreements. The courts were to be providing families with information on their rights, responsibilities, steps to take and the overall effects the divorce may be having on children.
A press release from the Ontario Ministry of the Attorney General said that these courts are providing families with more access to information and the alternatives to court, like collaborative family law and mediation. Once these test projects are well underway, the information will be used to create similar initiatives across the province of Ontario.
“These improvements will help families resolve difficult issues faster and with less emotional stress when their relationships break down,” said Attorney General Chris Bentley.
Filed in Family Law Changes Ontario • Tags: Attorney General Chris Bentley
In Family law in Ontario Financial Disclosure is Key
Personal financial information is a private matter that most people guard carefully. On occasion one may release it for the purposes of applying for credit or for taxes. In the case of family law, it’s one of the most important components when it comes to spousal and child support.
Many family law disputes are the result of some kind of financial issue – from income statements for child and spousal support to the proper division of assets.
These financial statements, as well as many other statements, are expected to be sworn statements. The statements can include things like tax assessments, tax returns, statements of earnings and other income forms depending on whether the person in question is employed or is the owner of a business.
These statements are extremely important because they’re used to determine things such as spousal and child support amounts, as well as the lengths of time they’ll be paid for.
If the financial statements are not accurate or provided, there are a slew of consequences. These consequences can include hefty fines if the financial statements are inaccurate or not forthcoming by a certain date, being forced to cover the fees of the other ex-spouse during the proceedings, or one can even be held in contempt.
A family lawyer can help you make sure all of your financial statements are accurate and in order so that any family law proceedings go as smoothly as possible.
Filed in Divorce Lawyer, Family Law Changes Ontario • Tags: financial statements
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