Isaac's Family Law Blog

Choose the Right Lawyer for You A time will probably come when you will need or should consult with a family law / divorce lawyer. It could be as you look ahead at the start of a relationship to ensure that your plans for your property will come to fruition. Or something just happened in your relationship and you need some immediate advice and help to understand what your options are and what to do next. Family law involves different legal areas rolled up into one practice that can serve you and your family for years. Many people are intimidated by lawyers and searching for one because the terminology is different from what they're used to. They may also see it as being too expensive for them. But it doesn't have to be, and the money that you do spend on a consultation is generally well worth it if you've screened your candidates well.  At the end of the day, your ability to pay and the lawyer's rates are an important part of your decision making. Part...

Family Law Court Process: The Motion A motion is a litigation tool that helps you manage the court process by allowing you to potentially get a result before a trial. The type of order you seek from a court on a motion is generally one that temporarily deals with a major issue. It may be the real issue that brought you to court in the first place. If you succeed in your motion, the decision will usually have temporary effect. It is possible, however, that even though the motion may be in advance of a trial, the decision that you want the judge to make could permanently decide the issue. For example, in a vaccination dispute where one parent wants to vaccinate the child(ren) and the other wants to wait, if the pro-vaccination parent is given the decision making power and uses it, this would permanently deal with the matter because they can't un-vaccinate the child afterward. Motions are a major aspect of court action that require much preparation on the part of the client and th...

Family Law Court Process - The Settlement Conference In previous articles, I wrote about what you could expect at early stages of the family law court process. The procedure is that after a case conference and possibly a motion, another pre-trial hearing called a settlement conference is scheduled. At times a settlement conference can be combined with a case conference, but often a settlement conference will be held separately and after all disclosure has been made. A matter cannot proceed to trial without having held a settlement conference. What Can I Expect at My Settlement Conference? A settlement conference is intended to promote resolution of the issues after all financial disclosure and reporting has been made to the parties and the court. With the benefit of the entire picture, a judge at a settlement conference is in a position to provide a judicial opinion that gives each party a solid assessment of the strengths and weaknesses of their claims. If one party has not made...

Step 4:  What Is a Case Conference? After you have started a court action in family law, the first major appearance that you can expect to have is a pre-trial hearing called a case conference. The case conference has been called the most important step in family law litigation. This hearing is held in front of a judge and allows both sides, either self-represented or with their lawyers, to obtain orders on procedural matters and possibly hear a judge’s view of the case at an early stage.  While a judge may offer preliminary opinions on the issues, no binding decision will be made on a substantive issue in your case. Obtaining a judge’s feedback can be helpful because it allows the parties to see their arguments from a different point of view and possibly reassess the strength of their claims. In turn, this may help to resolve matters through negotiation or mediation. Photo credit: Diane Webb What Can I Expect at My Case Conference? While a case conference may allow for a j...

The Family Law Court Process: Step 3 - The Reply A possible third step in the family law or divorce court process is the Reply. I say it's possible because a Reply is only made when the respondent makes an Answer that raises new claims. In that case, the applicant can respond to only the new claims. Similar to the application and the answer, the Reply will set out the applicant's response to the new issue(s) raised by the respondent. But if the responding person does not raise new issues in his or her Answer, the applicant does not make a Reply. A Reply can be lengthy and your family law lawyer will write the response with your input. The costs associated with making a Reply are approximately the same as the other main documents -- $3500 to $5000 -- depending on the length of the response and the complexity of gathering information needed to respond to the new claims. Photo credit: Olya Harytovich A Reply can be made only by the applicant. So if you are considering starting a c...

Family Law Court Process: The Motion to Change Another way your family law lawyer may start your court process is with a motion to change. This tool is used when you already have a domestic contract with another person. This might be a separation agreement. Or you may have a court order from a previous matter that sets out how much someone must pay in spousal support or child support.  As the name indicates, this litigation tool allows you to ask the court to change, or vary, a term in an existing contract or an order of the court based on significant changes to your circumstances or ability to pay. The motion to change is similar to the application in that you will have to discuss with your lawyer what requests you are making of the court and the facts and supporting documents that you are using to bolster your request. Spousal Support and Periodic (Monthly) Payments If you have been receiving spousal support on a monthly basis or child support for your child(ren), you may be brou...

Family Law Court Process If you start litigation in your family law matter, or if you are served with a court application or motion to change, there are several major steps along the road toward a judicial decision: Step 1: The Application Unless you have a court order or a signed contract, the way in which you would begin the court process is through an application. In discussion with your lawyer, you would decide what claim(s) to make and list the facts that you intend to rely on to support the claim(s).  If you are making claims that involve support or property, you will also have to prepare a financial statement that accompanies the application. Your lawyer will help you identify which type of financial statement and to gather the required supporting documents, which we generally call "disclosure." If your application includes a claim for decision making responsibility, you will also have to swear to a document called an affidavit for parenting matters, which sets out inf...

Marriage Contracts These contracts are for those who are planning to get married (pre-nuptial/pre-wedding) or are already married (marriage contract). Although it should be noted that in Ontario law we only have a 'marriage contract,' and this can be signed by a couple before or after their wedding.  This type of contract allows a couple to agree on property or support. They can agree on different terms that what the default law may dictate in the event of a breakdown of the marriage.  For example, Ontario's Family Law Act has special rules for dividing what is called the "matrimonial home." Each spouse receives an equal share, regardless of who paid more of the expenses such as the down payment or mortgage loan.  But with a marriage contract, a couple can agree to a different division of the matrimonial home's value if the relationship were to end. This contracting power is especially valuable to those who have already been divorced once or are on their secon...