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Police Enforcement of Custody and Access Orders
Custodial and access (also known as “visitation”) rights under a court order or from a separation agreement are enforceable under the Criminal Code of Canada and the Hague Convention on International Child Abduction. Both the Code and the Convention serve to protect a child’s right to security and stability by enforcing custody orders and prohibiting child abductions, locally and internationally.
The enforcement of custodial and access rights in Ontario is also governed by the Children’s Law Reform Act (CLRA). Pursuant to section 36 of the Act, if a family court judge is satisfied that there are “reasonable and probable grounds for believing that a person is unlawfully withholding a child” the court has the ability to compel the police to enforce a custody or access order and may authorize the police to locate, apprehend, and deliver the child to the person entitled to custody or access of that child.
Courts have refused to grant an order for police enforcement on the grounds that it would be intrusive and a potentially frightening method of enforcement to a child. Drake v. Cox (1993). Such a result would not be in the best interests of a child and some courts have instead opted to punish an act of willful contempt by imposing either a fine or imprisonment for the failure to comply with a custodial or access arrangement as stipulated by the court.
Courts can issue police enforcement orders if deemed appropriate in light of the surrounding circumstances, such as a history of unjustified access denial between the parties, serious threats of non-removal of the child, or to maintain the relationship between the child and the person entitled to custody or access, and that such enforcement would outweigh any potential risks.
For more information about the enforcement of your custodial or access arrangement, contact us at 416 222 4555 or info@divorcesupport.ca.
Filed in Child Custody in Ontario, Child Visitation, Marriage Contracts, Separation Agreements • Tags: Children’s Law Reform Act, Hague Convention on International Child Abduction, Police Enforcement of Child Custory
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
Changing Prenuptial Agreements during Marriage
The subject of Prenuptial Agreements (or Marriage Contracts as they are known in Ontario), have been front and centre in the media.
The alleged marital “transgressions” of professional golfer Tiger Woods concerning several women who have claimed to have affairs with the sports superstar have dominated the headlines. While Woods and his wife Elin Nordegren had a Prenuptial Agreement before entering into their marriage, according to reports the Woods have since revisited that marriage contract. Nordegren has been reportedly paid $5 million to stay and would get $55 million to stay an additional two years with Woods.
The renegotiation of a prenuptial agreement or a marriage contract as it is known in Canada is rare but not completely unheard of and a “prenup” can be renegotiated even after the marriage part takes place. Typically as long as both parties are aware of and understand the original terms, it can be renegotiated. In Ontario, a court can set aside a marital contract if one party was misinformed or misunderstood the agreement when they signed, or if one of the parties gave incorrect financial information during the arrangement of the contract.
In the event of a divorce, a prenuptial agreement is in place to protect both parties, or sometimes the wealthier party, in the matters of the dividing of property and spousal support.
Some important reasons for implementing a prenuptial agreement include:
If you plan to stay home with children: this can negatively impact your wealth if you plan on quitting your job, and a prenuptial agreement can ensure that any future financial needs that arise due to children can be divided equally.
If you are large differences in wealth between the partners: a prenuptial agreement can protect both the more well-off partner and ensure support of the financially less-well off partner.
If this is not your first marriage: in the case of remarrying for a second or third time, you may have different financial obligations such as children from another marriage, debt or other assets. A prenuptial agreement will ensure that anything you meant for either family will get to them and neither side will be left in the dark.
Your partner has significant debt: a prenuptial agreement will ensure that in case of a divorce your partner’s debt does not get passed on to you.
Like writing a will, many people do not want to think of the life-changing situations that will cause the necessity of a prenuptial agreement to arise, but if one or more of the above factors apply it can be the most responsible choice for protecting yourself and your partner in the event of a divorce.
For more information about Prenuptial Agreements contact Niren and Associates Family Law Practice at 416 222 4555 or email us at info@divorcesupport.ca
Filed in Marriage Contracts, Prenuptial Agreements • Tags: Tiger Woods