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.

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By candice - Last updated: Wednesday, February 24, 2010
Filed in Child Custody in Ontario, Child Visitation, Marriage Contracts, Separation Agreements • Tags: , ,


Enforcing Child Support and Spousal Support Orders: The Family Responsibility Office

Pursuant to the Family Responsibility and Support Arrears Enforcement Act, the Family Responsibility Office (“FRO”) was established to ensure that support payments were made between the payor and the recipient.  FRO enforces both support orders issued by the Ontario courts and support obligations as set out in domestic contracts that are filed with the courts. FRO can also enforce support orders issued in another province or country with which it has a reciprocating agreement.

Once a case is registered with FRO, the agency then begins the process of both collecting support payments from the payor and then forwarding the payments to the support recipient.

If support payments are not made, FRO has the legal authority to take enforcement action to recover any monies owed.  Enforcement action can include garnishment of bank accounts, suspension of the payor’s driver’s licence, garnishment of any monies received from the Federal Government (such as income tax refunds, GST rebates, employment insurance, CPP benefits), suspension of the payor’s Canadian passport, and seizing of lottery winnings.  If the support payor has failed to make a support payment for at least six months and FRO has exhausted all efforts to locate the payor, FRO may post personal information and a photograph of the payor on a related website in order to receive assistance from the public in locating the payor.

To avoid such enforcement action, it is in the payor’s best interest to meet his or her support obligations in a timely manner.  If a payor’s financial situation changes, the payor should contact FRO to discuss a possible payment plan.  The payor should also contact a lawyer to find out what his or her options are, including filing a motion with the court to change the amount of support the payor is required to pay as set out in the support order or domestic contract.

For more information about the enforcement of child and spousal support payments, please contact Niren and Associates Family Law Practice at 416 222 4555 or email us at info@divorcesupport.ca.

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By candice - Last updated: Monday, February 8, 2010
Filed in Child Support, Cohabitation Agreements, Separation Agreements, Spousal Support, Support Orders • Tags:


A Father’s Rights in Divorce

Father and ChildrenOn 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.

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By michael - Last updated: Wednesday, January 27, 2010
Filed in Child Custody in Ontario, Divorce, Separation Agreements •


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:

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

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By candice - Last updated: Monday, January 4, 2010
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:


“Life is Short. Have an Affair” Divorce, Separation and Ashley Madison

As reported in the media, the  Toronto Transit Commission (TTC) is considering placing racy advertisements for the Ashley Madison Agency, an online dating site that promotes affairs among married men and women. Advocates for family unity and marriage are outraged by the TTC’s willingness to take on the Agency as a potential client. The concern is that placing ads that encourage cheating on spouses will offend the sensibilities of people and may lead to an increase in marital separation and divorce.

Well no doubt many people will be offended if the TTC goes ahead with the ads. However, some argue that divorce rates would in fact decrease if spouses engaged in extra-marital activity from time to time . The idea here is that the “variety” factor associated with discrete dalliances would reduce the insidious boredom that eventually finds its way into the bedrooms of long term partners. Couples would return home, after their affairs with Ms Ashley or Mr. Madison, feeling refreshed, rejuvenated and even more attentive to their life partners. The argument goes that the pressure to have serious affairs which could involve strong feelings for others would be eased if once and a while spouses indulged in meaningless trysts with people in the same boat as themselves.

I am no marriage counselor nor psychologist but I am an advocate of freedom of speech. If the TTC wants to do its own experimenting with riske advertising all the power. In our own family law practice, we find that often a driver in divorce and separation is indeed boredom among the partners. The spouses otherwise love and respect each other but have let things slip when it comes to keeping things exciting and interesting. I am not suggesting that the solution to marital bliss is to have affairs. Rather, as parties to the long term relationship game, we should acknowledge the human need for change, variety, excitement whatever you want to call it. This need can take many forms and can be satisfied in many ways. Ashley Madison offers just one approach. And for what it’s worth. I do not think their “cure” is necessarily a  prescription for divorce or separation.

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By michael - Last updated: Friday, December 11, 2009
Filed in Divorce, Divorce Lawyer, Separation Agreements •


Know your Separation Date before you start Divorce

Separation date determines net family property calculation

When a marriage ends, the date that the parties separated must be established for the purpose of determining the division of property and assets accumulated during the marriage.  Under the Family Law Act, the date of separation is referred to as the “valuation date”, with the most commonly used date being the date that “the spouses separate and there is no reasonable prospect that they will resume cohabitation.”

What if you disagree on the date of Separation (Valuation Date)?

If spouses are in disagreement as to the date of separation, the court necessarily has to make a determination by analyzing the specific facts of the situation and cannot arbitrarily choose a date of separation.

Calculating the Net Family Property and Equalization Payment

Once the date of separation is determined, the net family property of each spouse is calculated.  “Net family property” is the value of all the property that a spouse owns on the date of separation (“valuation date”), which is subject to certain exemptions and deductions for debts, liabilities, and pre-marital property.

Upon the breakdown of the marriage, each spouse is entitled to half of all property acquired during the marriage regardless of ownership.  Entitlement is based on the legal assumption that each spouse equally contributes to a marriage, whether in the form of caring for the children, managing the household, or by earning an income to cover the family’s expenses.

Pursuant to the Family Law Act, a court will deviate from the equalization of net family property when it is under the opinion that an equal division would be “unconscionable” based on a number of factors including: the duration of the marriage, whether any of the property was a gift or inheritance received by one spouse, or whether a spouse intentionally or recklessly depleted his or her net family property.

When the difference between the net family properties of each spouse is calculated, the spouse with the higher net family property pays to the spouse with the lower net family property one half of the difference. This payment is referred to as the “equalization payment”.

Determination of the date of separation upon the breakdown of a marriage is critical to the net family property calculation.  Contact a Family Lawyer who can assist you in understanding all of your rights and obligations before filing for divorce.

Call Niren and Associates at 416 222 4555 or email us at info@divorcesupport.ca.

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By candice - Last updated: Tuesday, November 24, 2009
Filed in Divorce, Divorce Lawyer, Family Property Division, Separation Agreements • Tags: ,


Separation from your Spouse But Under The Same Roof

Legal Separation need not necessarily exist in terms of actual physical separation and different residential living arrangements. Separation may also exist where the attitude of the parties towards each other suggests that they are separated. A couple may be separated but living under the same roof.

Living together but separated

Great caution, however must be taken in arriving at this conclusion. It should be arrived at only after due consideration is given to the available facts and circumstances prevailing in the home, and to a lesser extent, in the community. The evidence that such a couple are living separate and apart must be “clear and convincing”. The test is not what the public believes but rather what all the available evidence and circumstances disclose the actual state of the marriage to be.

The Ontario Court of Appeal held in Mayberry-vs-Mayberry(1971) and in Calder-vs-Calder(1974) that spouses may be living separate and apart under the same roof where there has been a mutual repudiation of the marriage relationship, producing a permanent breakdown of the relationship.

The court also held that a divorce should be granted on evidence, for instance, which indicated that there was virtually no communication between the spouses; they ate separate meals; occupied separate bedrooms and did not share social activities.

Although the cessation of sexual relations provides strong evidence of living separate and apart, it does not in itself conclusively decide the issue as was held in Cridge-vs-Cridge(1973) and Oswell-vs-Oswell(1990).

If you and your spouse are considering separation or divorce contact Niren and Associates Family Law Practice at 416 222 4555 or email us at info@divorcesupport.ca

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By julius - Last updated: Monday, October 5, 2009
Filed in Divorce, Prenuptial Agreements, Separation Agreements • Tags: ,


Welcome to Our Family Law Website and Blog: Niren and Associates Family Lawyers in Toronto

We are pleased to announce our new Family Law website and Family Law Blog.

We hope that you find it enjoyable and informative . You will find lots of useful information about Divorce Law, Child Custody and Access, Separation, Collaborative Law, Prenuptial Agreements and more. We look forward to informing you about the latest developments in Family law and Divorce in Ontario

Feel free to browse our website www.divorcesupport.ca and we encourage you to contact us any time by email at info@divorcesupport.ca or by phone Niren and Associates Family Lawyers in Toronto at 416 222 4555. Our family lawyers are here to help  you with any family law matter including divorce, separation, custody, prenuptial agreement  (or marriage contracts) etc.  Finally, you are welcome to post your comments on our Blog about anything Family law related  and we will do our best to answer all your questions.

Sincerely,

The Legal Team at Niren and Associates Family Lawyers!

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By michael - Last updated: Tuesday, March 10, 2009
Filed in Child Custody in Ontario, Divorce, Prenuptial Agreements, Separation Agreements, Toronto Family Lawyers •