Family Lawyer Vaughan

In Ontario, separation and divorce are distinct legal concepts. Separation occurs when a couple decides to live apart, ceasing to cohabit as spouses. While it does not legally terminate the marriage, separation marks the beginning of the process leading toward a divorce. During separation, important issues such as child custody, support, and property division can be addressed through a Separation Agreement. On the other hand, divorce is the legal termination of a marriage, which requires an application to the court. In divorce proceedings, a judge issues a formal divorce order, dissolving the marriage and addressing matters such as spousal support, property division, and child-related issues if applicable. It is important to consult with our team by booking a Discovery Call to navigate the legal requirements and implications of both separation and divorce, ensuring the protection of your rights and interests.

In Ontario, you are not required to be legally separated before pursuing a divorce. The Divorce Act allows for the dissolution of a marriage on grounds of breakdown, which can be established in three ways: separation for at least one year, adultery, or cruelty. The most common ground for divorce is separation for one year, indicating that you and your spouse have lived separate and apart continuously for at least 12 months. However, it’s important to note that living separate and apart does not necessarily mean physical separation; it can also include living under the same roof but leading separate lives. The Nazarian Law team can provide guidance on meeting the legal requirements for divorce, whether through separation or other grounds and assist in navigating the divorce process to ensure your rights and interests are protected. 

If you are considering leaving your spouse in Ontario and want to protect yourself and your children, there are important steps you can take:

1. Safety First: If you or your children are in immediate danger, prioritize your safety by seeking help from local authorities or contacting a helpline for support.
2. Consult a Family Lawyer: Seek legal advice from the Nazarian Law team experienced in separation and divorce matters. They can explain your rights, obligations, and legal options based on your specific situation.
3. Document Important Information: Keep records of important information such as incidents, conversations, and financial details related to your marriage and children. This documentation can be valuable in legal proceedings.
4. Consider Mediation or Collaborative Law: Explore alternative dispute resolution methods like mediation or collaborative law, which focus on cooperative negotiation and can help minimize conflict and protect your children’s well-being.
5. Temporary Custody and Support: Discuss with your Nazarian Law family lawyer the possibility of obtaining a temporary custody arrangement and child/spousal support, if necessary, to ensure the immediate needs of you and your children are met.
6. Protect Financial Assets: Take steps to safeguard your financial assets by gathering copies of important documents, including bank statements, investment accounts, and property ownership records.

Remember, each situation is unique, and seeking personalized legal advice is crucial. Our team can guide you through the process, protect your rights, and help you make informed decisions that prioritize the well-being of yourself and your children.

The duration of a divorce process in Ontario can vary depending on various factors. In general, an uncontested divorce where both parties agree on all relevant issues, such as child custody, support, and property division, tends to be faster. Depending on the court’s workload, it typically takes around four to six months to obtain a divorce certificate after filing the necessary documents with the court. However, if there are disputes or complexities involved, such as disagreements over child custody or property matters, the process can take longer, potentially extending to a year or more. It’s important to consult with a Nazarian Law family lawyer who can assess your specific circumstances and provide a more accurate estimate of the expected timeline. They can guide you through the process, expedite the proceedings when possible, and advocate for your interests to promote a fair resolution. 

An uncontested divorce is a legal process where both spouses mutually agree to end their marriage and resolve all related issues without the need for court intervention. In an uncontested divorce, both parties are in agreement regarding matters such as child custody, support, division of property, and spousal support. They work together to create a separation agreement that outlines the terms of their divorce and addresses these issues. This agreement is then submitted to the court for approval. Uncontested divorces typically proceed more quickly and cost-effectively compared to contested divorces, as they avoid the need for lengthy court hearings and trials. It is advisable to consult with our Nazarian Law team by booking a Discovery Call to ensure your rights are protected and the agreement is properly drafted and legally binding. 

An annulment is a legal declaration that a marriage is void or invalid, essentially stating that the marriage never legally existed. It differs from a divorce, which dissolves a valid marriage. Annulments can be granted in specific circumstances, such as when one party lacked the capacity to consent to the marriage, there was a failure to meet legal requirements (e.g., age or marital status), or the marriage was entered into under duress or fraud. The implications of an annulment vary depending on the situation. Legally, it treats the marriage as if it never occurred, impacting matters such as property division, support obligations, and inheritance rights. Consulting with Nazarian Law is crucial to understand the specific implications of an annulment in your case and navigate the legal process effectively. 

The Nazarian Law team, when you receive a divorce application, can provide essential support by offering legal guidance, reviewing the application, and advising you on your rights and options. We can help you prepare a response if necessary, represent you in negotiations or mediation, and develop a legal strategy for contested matters. Our team handles all necessary documentation and filing, ensuring compliance with timelines. We will provide ongoing legal advice and support throughout the divorce process, safeguarding your rights and working towards a fair resolution. Having Nazarian Law by your side can help navigate the complexities of the divorce process and protect your best interests

In Ontario, the law treats common law partners who are not legally married differently compared to married couples. While there is no automatic recognition of property rights and support obligations, common law partners may still have legal rights and responsibilities. 

Regarding property division, each partner generally retains ownership of the assets they brought into the relationship. However, if there is a dispute over jointly acquired property or unjust enrichment, a court may consider factors such as contributions, financial dependency, and the length of the relationship to determine a fair division. 

In terms of support obligations, common law partners may have spousal support obligations depending on factors such as the length of the relationship, financial disparities, and dependency. 

To protect your rights and clarify obligations, it is advisable to have a cohabitation agreement in place. Seeking legal advice from Nazarian Law can help you understand your specific rights, obligations, and potential remedies in your particular circumstances. 

In Ontario, determining whether a couple qualifies as common law partners involves considering various factors. Key factors include the length and nature of the relationship, cohabitation, and mutual commitment. Other factors can include financial interdependence, shared responsibilities, and public perception of the relationship. Each case is assessed individually, looking at the overall picture to determine if the couple meets the criteria for common law partnership. It’s important to note that the determination of common law status can have legal implications in areas such as property division, support obligations, and inheritance rights. Our team of experienced lawyers can provide clarity on your specific circumstances and help you understand your rights and obligations as a common law partner in Ontario.

The cost of finalizing a divorce in Ontario can vary depending on several factors, including the complexity of the case, the level of cooperation between the parties, and the specific services required. Legal fees for a divorce typically involve various components, such as drafting and filing documents, negotiations, court appearances, and legal advice. At Nazarian Law, we charge an hourly rate for our legal services or offer fixed-fee packages for certain family law services. Additional costs can arise from court filing fees, process server fees, and other related expenses. It is recommended to consult with our team to discuss your specific circumstances and obtain a clearer understanding of the potential costs involved. We can provide an estimate based on your unique situation and help you navigate the divorce process efficiently while managing expenses effectively. 

During separation or divorce in Ontario, various types of assets are included in the division process. This typically encompasses all property acquired by you and your spouse during the marriage, referred to as “family property.” Family property can include real estate, vehicles, bank accounts, investments, pensions, businesses, and personal belongings. It also includes any increase in the value of property owned prior to the marriage. However, certain assets may be exempt from division, such as gifts, inheritances, and assets excluded through a valid domestic contract or a court order. Determining which assets are subject to division and their respective values can be complex. Seeking the guidance from Nazarian Law is crucial to ensure a fair and comprehensive evaluation of all relevant assets, protecting your rights and interests throughout the division process. 

In Ontario, asset division for common law partners follows different rules compared to married couples. Unlike married couples, there is no automatic right to an equal division of property for common law partners. Instead, the general principle is that each partner keeps the assets they brought into the relationship, including those acquired during the relationship in their name. However, disputes can arise over jointly owned assets or if one partner made significant contributions to the other partner’s assets or the relationship’s financial well-being. In such cases, a court may consider factors such as contributions, financial dependency, and unjust enrichment to determine a fair division. To protect your rights and clarify property ownership, it is advisable to have a cohabitation agreement in place. Seeking legal advice from Nazarian Law can help you understand the specific rules and implications for asset division in your particular circumstances. 

In Ontario, when married couples do not have a prenuptial agreement, assets are generally subject to equal division between the spouses upon divorce. This is based on the principle of equalization of net family property. Net family property is calculated by subtracting the value of each spouse’s debts and pre-marriage assets from their total assets acquired during the marriage. The spouse with a higher net family property will typically owe the other spouse an equalization payment to achieve a 50/50 division. However, certain assets such as inheritances, gifts, and certain personal injury awards may be excluded from equalization. It is important to consult with us to understand the specific rules and exceptions that may apply to your situation and ensure a fair and equitable division of assets. 

In Ontario, when married couples have a prenuptial agreement, also known as a marriage contract, the terms of the agreement will dictate how assets are divided upon divorce. A prenuptial agreement allows couples to establish their own rules regarding asset division, overriding the default equalization process outlined in Ontario’s Family Law Act. The agreement may specify which assets are separate or excluded from the division, outline how property will be distributed, and address other financial matters. It provides clarity and certainty for both spouses, ensuring that their respective rights and obligations are recognized and upheld. It is important to consult us, by booking a Discovery Call, when creating or reviewing a prenuptial agreement to ensure it is properly drafted, legally binding and reflects the best interests of both parties. 

In Ontario, infidelity or adultery generally does not directly impact the division of assets in family law. The province follows a “no-fault” divorce system, which means that the reason for the breakdown of the marriage, including infidelity, is typically not a determining factor in property division. Ontario law focuses on the equalization of net family property, which is calculated based on the value of assets accumulated during the marriage. However, there are limited circumstances where a court may consider certain behaviours, including financial misconduct related to the affair when making decisions on property division. It is important to consult with us, by booking a Discovery Call, to assess the specific circumstances of your case, as they can provide guidance based on the applicable laws and help protect your rights and interests throughout the divorce process. 

If your spouse is recklessly spending money from a joint account during separation in Ontario, it is important to take action to protect your interests. First, try to communicate with your spouse about your concerns and the need for responsible financial behavior. If this proves ineffective, it is crucial to consult with our team, by booking a Discovery Call. We can provide guidance and advocate for your rights. Our team will assess the situation, advise you on the appropriate legal steps to take, and help you understand your rights and options. We may recommend seeking a court order to freeze the joint account or impose restrictions on spending. Additionally, we will ensure both parties provide full financial disclosure, which is necessary to determine a fair division of assets. Keeping detailed records of the reckless spending and gathering supporting evidence will strengthen your case. Engaging our team is essential to navigate the legal complexities and safeguard your financial well-being during the separation process. 

In Ontario, there is a time limitation to make an equalization claim after separation. Generally, the deadline to file an equalization claim is within two years from the date of divorce or six years from the date of separation, whichever occurs first. This time limitation is set by the Limitations Act, 2002. It’s important to note that there can be exceptions to these timelines in certain circumstances, such as cases involving fraud or intentional concealment of assets. However, it is advisable to take prompt action and consult with our team, by booking a Discovery Call, to ensure compliance with the applicable time limitations. Failing to file an equalization claim within the prescribed timeframe may result in the loss of your right to seek an equal division of the net family property acquired during the marriage. 

In Ontario, gifts and inheritances are generally excluded from the calculation of net family property, which is used to determine equalization of assets upon divorce. According to the Family Law Act, gifts or inheritances received by a spouse during the marriage, as well as any assets acquired with those gifts or inheritances, are typically considered “excluded property.” This means that they are not factored into the calculation of net family property for the purpose of equalization. However, it’s important to note that certain factors can affect the exclusion, such as if the gifts or inheritances were mixed with marital assets or if there was a deliberate intention to convert them into family property. Consulting with the Nazarian Law team can help you understand how these factors may apply to your specific situation and ensure a fair determination of net family property. 

In Ontario, the entitlement of a common law partner to the value of a matrimonial home differs from that of a legally married spouse. While married couples have automatic rights to equal division of property, including the matrimonial home, common law partners do not have the same automatic entitlement. However, a common law partner may still have a potential claim to the value of the home based on factors such as contributions, financial interdependence, and principles of unjust enrichment. It’s important to note that having a well-drafted cohabitation agreement in place can clarify property rights and address these matters in advance, providing both partners with clarity and certainty. Consulting with a Nazarian Law family lawyer is crucial to understand your rights, obligations, and potential claims as a common law partner in Ontario, and to ensure the protection of your interests through a properly executed cohabitation agreement.

In Ontario, dividing assets with your separated spouse does not always require going to court. If you and your spouse can agree on the division of assets through negotiation, mediation, or arbitration, you can avoid the need for court intervention. These alternative dispute resolution methods provide a more collaborative and less adversarial approach, allowing you to work together to find a mutually acceptable resolution. Mediation involves a neutral third party facilitating negotiations, while arbitration involves a neutral arbitrator making a binding decision. Both options can be effective in resolving asset division issues outside of the courtroom. Consulting with a Nazarian Law family lawyer can help you understand these options, explore settlement possibilities, and ensure your rights and interests are protected throughout the process. 

Spousal support, also known as alimony, is a form of financial assistance provided by one spouse to the other after separation or divorce in Ontario. It is designed to address economic disparities that may arise due to the end of the relationship. Spousal support aims to help the recipient spouse maintain a similar standard of living enjoyed during the marriage and become financially self-sufficient over time. The amount and duration of spousal support are determined based on factors such as the length of the marriage, each spouse’s financial situation, their roles during the marriage, and the needs and abilities of each party. Spousal support can be awarded in various forms, including periodic payments or lump-sum amounts. Seeking legal advice from the Nazarian Law team is crucial to understand your rights and obligations regarding spousal support and to navigate the complexities of determining fair and appropriate support arrangements. 

In Ontario, the calculation of spousal support is not based on a strict formula but rather takes into account various factors. The main factors considered include the length of the marriage, the income and earning capacity of each spouse, their age and health, their roles during the marriage, and any financial hardship or economic advantages arising from the relationship or its breakdown. Other factors such as child-rearing responsibilities, the ability to become self-sufficient, and the standard of living established during the marriage are also considered. The courts use these factors to determine the amount and duration of spousal support that is fair and reasonable in the specific circumstances of the case. Consulting with a Nazarian Law family lawyer is essential to assess your situation, understand the relevant factors, and ensure a comprehensive evaluation for calculating spousal support that aligns with the principles of Ontario family law.

Child support refers to the financial obligation that a parent has towards their child following separation or divorce in Ontario. It is intended to ensure that children’s essential needs, such as food, shelter, clothing, and education, are met. The parent who spends less time with the child, often referred to as the “non-custodial” or “paying” parent, is typically responsible for paying child support to the parent with whom the child primarily resides, known as the “custodial” or “receiving” parent. The amount of child support is determined based on the Child Support Guidelines, which take into account factors such as the paying parent’s income, the number of children, and the province of residence. It is important to note that child support is a legal obligation, and failure to fulfill it can have legal consequences. Seeking advice from Nazarian Law, by booking a Discovery Call, can help you understand your rights and obligations regarding child support and ensure that the best interests of your child are upheld. 

In Ontario, child support is calculated using the Child Support Guidelines, which provide a formula to determine the amount of support based on the paying parent’s income and the number of children involved. The Guidelines take into account both the income of the paying parent and the province of residence. The formula calculates a percentage of the paying parent’s income that should be allocated towards child support. Additional factors, such as the custody arrangement and any extraordinary expenses related to the child’s special needs or activities, may also be considered. It’s important to note that the Child Support Guidelines provide a framework, but each case is unique, and adjustments may be made based on specific circumstances. Consulting with Nazarian Law, by booking a Discovery Call, will assist you in determining how child support applies to your situation, ensure accurate calculations, and address any complexities that may arise.

If you find yourself unable to afford to pay for spousal support or child support in Ontario, it is important to address the situation promptly. In cases of genuine financial hardship, it may be possible to seek a variation or adjustment to the support obligations. This typically requires demonstrating a significant change in circumstances, such as loss of employment, reduced income, or increased financial responsibilities. It is crucial to seek legal advice from with Nazarian Law, by booking a Discovery Call, who can help you navigate the process and assess the viability of seeking a variation. It is important to note that failing to pay court-ordered support can have serious legal consequences. It is advisable to proactively communicate with the other party and explore potential solutions or seek professional advice to address your financial difficulties and ensure compliance with your support obligations.

In Ontario, the tax treatment of spousal support and child support differs. Spousal support, also known as alimony, is taxable to the recipient and deductible for the paying spouse, as long as it meets certain criteria outlined by the Canada Revenue Agency (CRA). This means that the recipient must include spousal support payments as taxable income, while the paying spouse can deduct those payments from their taxable income. 

On the other hand, child support payments are not taxable for the recipient and not deductible for the paying parent. Child support is intended to meet the financial needs of the child and is not considered taxable income for the recipient. 

It’s important to consult with a tax professional to ensure compliance with the tax laws and understand the specific tax implications of spousal support and child support payments in your situation. They can provide guidance tailored to your circumstances and help you navigate the complexities of the tax treatment associated with support payments. 

In Ontario, there are both provincial Child Support Guidelines and Federal Child Support Guidelines. The main difference lies in their jurisdictional scope. The federal Child Support Guidelines apply to parents who are either married or divorcing and fall under federal jurisdiction, such as those who are governed by the Divorce Act. On the other hand, the provincial Child Support Guidelines, specifically the Ontario Child Support Guidelines, apply to parents who are either never married, separated, or divorced but fall under provincial jurisdiction, such as those governed by the Family Law Act. While there may be some similarities between the two sets of guidelines, it’s important to consult with Nazarian Law, by booking a Discovery Call. We can guide you on the specific guidelines applicable to your situation and ensure compliance with the appropriate set of guidelines based on your jurisdiction. 

Special or extraordinary expenses under Section 7 of both the Ontario and Federal Child Support Guidelines refer to additional costs beyond basic child support that may be shared by both parents. These expenses are typically related to a child’s specific needs or circumstances. Examples of such expenses include childcare costs, medical and dental expenses not covered by insurance, educational fees, and extracurricular activities. The Guidelines provide a framework for allocating these expenses between the parents based on their respective incomes and ability to pay. It’s important to note that the specific expenses covered under Section 7 may vary between the Ontario and Federal Guidelines. By booking a Dicovery Call, our team can help you understand the specific expenses covered under each set of guidelines and ensure a fair and accurate assessment of these expenses in your particular case.

In Ontario, common law partners can have legal obligations to pay both spousal support and child support, similar to married couples. The determination of spousal support depends on factors such as the length of the relationship, financial circumstances, and contributions made during the partnership. If a common law relationship ends and one partner faces economic hardship or financial disadvantage, the other partner may be required to provide spousal support. Child support, on the other hand, is based on the principle that both parents have an obligation to financially support their children. Regardless of the marital status, parents are responsible for child support to ensure the well-being of their children. To take immediate steps, book a Discovery Call with out team so that we may assist you in understanding your rights and obligations as a common law partner in regard to spousal support and child support, as they can provide personalized advice based on the specific circumstances of your case.

In Ontario, child support payments generally continue until the child reaches the age of majority, which is 18 years old. However, there are situations where child support obligations may extend beyond the age of majority. If the child is still dependent due to pursuing a post-secondary education on a full-time basis, child support may continue. The continuation of child support is typically determined on a case-by-case basis, considering factors such as the child’s needs, their ability to become self-sufficient, and the financial means of the parents. It’s important to note that child support orders may specify a specific age or circumstance when support ends, so it is essential to review the terms of your specific support order. Engaging our team can provide you with guidance tailored to your situation and help you understand your rights and obligations regarding child support payments as your children approach adulthood. 

In Ontario, parenting refers to the rights, responsibilities, and decision-making authority of parents in relation to their children. It encompasses various aspects of raising and caring for children, including making decisions about their education, healthcare, religion, and extracurricular activities. Parenting emphasizes a collaborative and child-centred approach, focusing on the best interests of the child. 

On the other hand, child custody is a term that was previously used to describe the physical and legal rights of a parent to have the child live with them and make major decisions on their behalf. However, in Ontario, the term “custody” is no longer used, and the focus has shifted to parenting arrangements that promote the child’s well-being and maintain strong relationships with both parents. 

It is important to consult with Nazarian Law, by booking a Discovery Call, to understand the specific parenting laws and terminology in Ontario and to develop a comprehensive parenting plan that meets the needs of your children and ensures their best interests are prioritized. 

A parenting plan is a written document that outlines the agreed-upon arrangements for the care and upbringing of children by separating or divorcing parents. It serves as a roadmap for co-parenting and helps establish clear expectations and guidelines for both parents. A parenting plan typically covers various aspects, such as decision-making responsibilities, residential arrangements, schedules for visitation or parenting time, methods of communication, and how to handle potential disputes or changes in circumstances. It is customized to the unique needs of each family and should prioritize the best interests of the children involved. Developing a comprehensive parenting plan requires open communication, cooperation, and consideration for the children’s well-being. Consulting with Nazarian Law, by booking a Discovery Call, can provide guidance and ensure that your parenting plan covers all necessary aspects, reflects the specific needs of your family, and complies with the relevant laws and regulations in Ontario. 

A parenting schedule in Ontario is a plan that outlines when children will spend time with each parent after separation or divorce. Factors to consider include the children’s age, routines, school schedules, extracurricular activities, parents’ work schedules, proximity of residences, and flexibility to accommodate changes. Consulting with Nazarian Law, by booking a Discovery Call, is important to create a parenting schedule that reflects the best interests of the children, meets legal requirements, and promotes their well-being. 

In Ontario, the wishes and preferences of a child regarding their living arrangements are taken into consideration but are not the sole determining factor. The child’s age, maturity, and ability to express their views are considered, particularly if they are approaching or have reached an age of understanding. However, the ultimate decision is based on the best interests of the child. The court will consider various factors, such as the child’s relationship with each parent, their emotional well-being, stability, and the ability of each parent to provide a suitable living environment. It’s important to note that older and more mature children may have a greater influence on the decision, but it is ultimately the responsibility of the court to make a determination that promotes the child’s well-being. Seeking legal advice with Nazarian Law, by booking a Discovery Call, can help you navigate the specific circumstances of your case and understand how your child’s preferences may be considered in determining custody and parenting arrangements. 

Parental alienation refers to a situation where one parent attempts to manipulate or undermine the relationship between a child and the other parent. It involves actions or behaviours that negatively influence the child’s perception of the targeted parent, leading to the child’s rejection or estrangement from that parent. Examples of parental alienation can include making derogatory remarks about the other parent, restricting access or communication, spreading false information, or encouraging the child to align with one parent against the other. Parental alienation can be emotionally harmful to the child and can significantly impact their relationship with the targeted parent. In Ontario family law, parental alienation is taken seriously, as it goes against the principles of maintaining meaningful and healthy parent-child relationships. If you believe that parental alienation is occurring, seeking legal advice with our team, by booking a Discovery Call, can help you understand your rights and explore options to address the situation and protect your parent-child relationship. 

In Ontario, grandparents do not have automatic legal rights regarding access or custody of their grandchildren. However, the law recognizes the importance of maintaining a child’s relationship with their extended family, including grandparents. If a grandparent wishes to have access to their grandchildren but the parents are denying it, they can seek permission from the court to establish visitation rights. The court will consider various factors, such as the nature of the grandparent-grandchild relationship, the child’s best interests, and the parent’s objections. Grandparents must demonstrate that access is in the child’s best interests and that they can contribute positively to the child’s well-being. Seeking legal advice with Nazarian Law, by booking a Discovery Call, can help grandparents understand their options, navigate the legal process, and present their case effectively to the court, ensuring the best chance of maintaining a relationship with their grandchildren. 

In family law in Ontario, several factors are considered when determining parental access to children. The primary consideration is the best interests of the child. Courts look at various factors to assess what is in the child’s best interests, such as the child’s age, emotional well-being, and physical health. The court will also consider the ability of each parent to meet the child’s needs, provide a stable and loving environment, and promote the child’s overall development. Factors like the existing parent-child relationship, the willingness of each parent to support the child’s relationship with the other parent, and any history of family violence or abuse will also be taken into account. Each case is unique, and the court will weigh these factors and other relevant evidence to make a determination that promotes the child’s well-being and ensures their safety and happiness. Consulting with Nazarian Law, by booking a Discovery Call, can provide valuable guidance on how these factors apply to your specific situation and help you present your case effectively. 

In Ontario, when there is no court order in place, both parents have equal rights and responsibilities regarding the custody of their child. This is known as joint custody, where both parents share decision-making authority and have the right to participate in important decisions about the child’s upbringing. If parents are unable to agree on custody arrangements, they can seek legal assistance to negotiate and formalize a parenting plan or custody agreement. It’s important to note that the best interests of the child are always the primary consideration in determining custody arrangements. If parents are unable to reach an agreement, they may need to seek the intervention of the court, which will then consider various factors to determine the custody arrangement that is in the best interests of the child. Consulting with Nazarian Law, by booking a Discovery Call, can provide guidance on how to navigate custody matters and ensure the best outcome for your child. 

In Ontario, whether a child needs to appear before the court depends on the specific circumstances of the case. Generally, the court aims to protect children from unnecessary involvement in legal proceedings. Instead, the court relies on other evidence, such as affidavits, reports, and testimony from parents, professionals, or experts, to determine what is in the child’s best interests. 

However, there are instances where the court may request the child’s input or appoint a professional, such as a child psychologist or social worker, to interview the child and provide a report. This is typically done to ensure the child’s views and wishes are considered in decisions that directly affect them, such as custody or access arrangements. The court will take the child’s age, maturity, and ability to express their views into account when determining their involvement in the process. 

Consulting with Nazarian Law, by booking a Discovery Call, can provide you with specific guidance based on your situation and help navigate the legal process while ensuring the best interests and well-being of your child are prioritized. 

If you want to change a parenting or child custody order in Ontario, you can take certain steps to seek a modification. First, it is important to demonstrate that there has been a material change in circumstances since the existing order was made. This change must significantly affect the best interests of the child. Examples of material changes could include a parent’s relocation, a change in the child’s needs, or a significant change in the parent’s ability to fulfill their parental responsibilities. 

To initiate the process, you can consult with Nazarian Law, by booking a Discovery Call, who can help you gather the necessary evidence and guide you through the legal steps. In most cases, you will need to file a motion to change with the court, outlining the reasons for seeking the modification. The court will then consider the evidence and make a determination based on what is in the best interests of the child. 

It’s crucial to seek legal advice and follow the proper legal procedures when seeking a change to a parenting or child custody order to ensure the best possible outcome for you and your child.

Alternative Dispute Resolution (ADR) refers to methods of resolving legal disputes outside of traditional court litigation. In Ontario, there are several ADR options available to parties involved in family law matters. Mediation is a popular form of ADR where a neutral third-party mediator helps facilitate negotiations and assists the parties in reaching a mutually acceptable agreement. Collaborative law is another option where each party has their own lawyer, and the lawyers work together with the clients to reach a settlement without going to court. Arbitration is also available, where an impartial arbitrator makes a binding decision on the disputed issues. These methods offer a more cooperative and less adversarial approach, allowing parties to maintain control over the outcome and potentially save time and money. Consulting with Nazarian Law, by booking a Discovery Call, can help you understand which ADR option is best suited to your specific situation and guide you through the process effectively.

Mediation is an alternative dispute resolution process in which a neutral third-party mediator helps facilitate negotiations and communication between parties in a legal dispute. The mediator assists the parties in identifying and discussing their issues, exploring possible solutions, and reaching a mutually acceptable agreement. 

The benefits of mediation in family law matters are numerous. First, mediation promotes open communication and cooperation, allowing parties to express their concerns and work together towards a resolution. It empowers the parties to have a say in the outcome, rather than leaving the decision solely in the hands of a judge. Mediation is generally more cost-effective and efficient than going to court, and it often leads to quicker resolutions. It can also help preserve relationships and reduce conflict, which is especially important when co-parenting children. Additionally, the confidential nature of mediation allows parties to freely discuss sensitive matters and explore creative solutions. 

Consulting with Nazarian Law, by booking a Discovery Call, can provide further guidance on whether mediation is suitable for your situation and how it can benefit you in resolving your family law dispute. 

Arbitration is a process where an impartial arbitrator makes a binding decision on a legal dispute, while mediation facilitates negotiations toward a voluntary agreement. Unlike mediation, arbitration results in a legally enforceable decision. Parties agree to arbitration in advance, and it offers a more formal and structured approach. Arbitration is beneficial for those seeking a streamlined and efficient resolution, especially when mediation fails to reach an agreement. Consulting with Nazarian Law, by booking a Discovery Call, can provide guidance on whether arbitration is suitable for your situation and help resolve your family law dispute. 

Mediation-arbitration, often referred to as “med-arb,” is a hybrid form of alternative dispute resolution that combines elements of both mediation and arbitration. In this process, parties initially attempt to reach a voluntary agreement through mediation. If they are unable to resolve all their issues through mediation, the process transitions into arbitration, where the mediator now becomes an arbitrator and makes a binding decision on the unresolved matters. 

Mediation-arbitration provides the opportunity for parties to work collaboratively and explore solutions through mediation. If certain issues remain unresolved, the process seamlessly transitions into arbitration, ensuring a final and binding decision. It offers a flexible approach that allows parties to tailor the process to their specific needs, promoting efficiency and potentially reducing costs compared to pursuing separate mediation and arbitration processes. 

Consulting with Nazarian Law, by booking a Discovery Call, experienced in mediation-arbitration can provide guidance on whether this process is suitable for your situation and help you navigate the process effectively, ensuring a fair and efficient resolution of your family law dispute

Collaborative Family Practice is an approach to resolving family law disputes through cooperative problem-solving. Parties, along with their lawyers and other professionals, work together as a team to reach a mutually acceptable resolution without going to court. Key principles include open communication, respect, and commitment to finding solutions that meet everyone’s needs. By signing a participation agreement, parties agree to resolve the matter collaboratively, promoting effective co-parenting and minimizing costs. Collaborative Family Practice offers a supportive environment, empowering parties to maintain control over the outcome and find creative solutions. Consulting with Nazarian Law, by booking a Discovery Call, experienced in Collaborative Family Practice can guide you through the process and ensure a positive resolution to your family law matter.

Yes, you can modify a mediation agreement after it’s signed, but it requires consent from all parties involved. Mediation agreements are not set in stone and changes can be negotiated if circumstances change or if all parties agree that modifications are in everyone’s best interest. However, it’s important to consult with Nazarian Law, by booking a Discovery Call, who can guide you through the process and help ensure your interests are protected. It is also advisable to document all changes to avoid misunderstandings in the future. Lastly, any modification should be carried out in compliance with the requirements of Ontario law. 

Yes, you can appeal the outcome of an arbitration hearing, but it’s not always easy. Unlike court decisions, arbitration rulings are not usually subject to a broad appeal process. In Ontario, an appeal of an arbitration decision typically only occurs if there’s a significant legal error, or if the arbitrator exceeded their jurisdiction. The Arbitration Act, 1991 governs the appeal process, and it is very limited in scope. It is crucial to consult with Nazarian Law, by booking a Discovery Call, to evaluate your specific circumstances and determine whether an appeal would be appropriate or even possible in your case. Keep in mind, however, that the intent of arbitration is to provide a final and binding decision, so overturning it can be a challenging process. 

Mediators facilitate negotiations between parties to help them reach a mutual agreement, but they do have certain limitations. 

Firstly, a mediator cannot make decisions for the parties involved. They can only guide the process, encouraging dialogue and suggesting possible solutions. 

Secondly, mediators cannot provide legal advice. While they can explain legal principles or outline possible legal outcomes, they can’t advise a party on what they should do in their specific situation. For that, you would need a lawyer. 

Thirdly, while confidentiality is a key feature of mediation, there are exceptions to this rule. For instance, mediators are obligated to report if they suspect child abuse or other forms of harm. 

Lastly, the effectiveness of mediation can be limited if parties are unwilling to cooperate, communicate openly, or participate in good faith. 

Remember, mediation is a voluntary process – its success largely depends on the parties’ commitment to it. 

Alternative Dispute Resolution (ADR), such as mediation or arbitration, has many advantages but does come with some potential disadvantages. 

Firstly, ADR might not be suitable in cases where there’s a significant power imbalance between parties, or where there has been domestic violence or coercion. 

Secondly, while confidentiality in ADR is generally seen as an advantage, it could be a disadvantage if one party wants a public hearing or to create legal precedent. 

Thirdly, in arbitration, parties give up their right to a formal appeal process, as arbitration decisions are typically final and binding. 

Lastly, ADR can still be costly, particularly in complex cases that require specialized mediators or arbitrators, although it’s often less expensive than traditional litigation. 

As with any legal process, it’s important to consult with Nazarian Law, by booking a Discovery Call, to fully understand your options and the potential implications. 

Alternative Dispute Resolution (ADR), like mediation or arbitration, is often ideal in several circumstances: 

First, when both parties want to maintain a positive relationship. This is especially important in family law cases involving children, where ongoing cooperation is crucial. 

Second, if privacy is a concern. ADR is confidential and can keep sensitive matters out of the public court record. 

Third, when parties seek more control over the process and outcome. ADR allows for flexible solutions tailored to the parties’ needs. 

Fourth, if there’s a desire for a quicker resolution. Courts can be backlogged, whereas ADR often results in faster outcomes. 

Lastly, when cost is a concern. ADR can be less expensive than litigation. 

However, it’s important to consult with Nazarian Law, by booking a Discovery Call, to determine if ADR is appropriate for your situation, as it may not be suitable for all cases. 

Pleadings: This is where you or your lawyer prepare and file necessary documents, such as the application, outlining your claims. 

Case Conference: A meeting with a judge to identify issues, discuss settlement options, and set timelines for next steps. 

Motions: If temporary orders are needed (e.g., child support), a motion can be filed. 

Settlement Conference: Another meeting with a judge to explore settlement possibilities. 

Trial Management Conference: A final meeting to ensure readiness for trial. 

Trial: If no settlement is reached, your case proceeds to trial where a judge hears the evidence and makes a decision. 

Throughout this process, parties are encouraged to negotiate and potentially settle out of court. Remember, each case is unique, and this is a simplified outline of a complex process, so consulting with Nazarian Law, by booking a Discovery Call, is crucial.

During a separation, there are several things to avoid: 

• Rash Financial Decisions: Be cautious about major financial moves without consulting a lawyer. This includes asset division or large purchases. 
• Negative Communication: Try to maintain respectful communication with your spouse. Harsh words, especially in writing, can be used against you in court. 

• Neglecting Children’s Needs: Always prioritize your children’s emotional well-being. Avoid speaking negatively about your spouse to them or using them as messengers. 
• Ignoring Legal Advice: Listen to your lawyer’s advice. They understand the legal complexities and potential consequences of actions taken during a separation. 
• Social Media Oversharing: Be mindful of what you share online. Posts can be used as evidence in family law disputes. 
• Making Assumptions About Outcomes: Every case is unique. Don’t assume the court will decide certain issues based on what happened in someone else’s case. 

Remember, it’s a difficult time, but proper conduct and legal advice can help you navigate the process. 

In Ontario, there are several key documents or pleadings in family law: 

• Application: This is the document that starts the case. It outlines the claims being made, such as for divorce, child custody, support, or property division. 
• Answer: The respondent’s response to the application. It may include any claims the respondent wants to make. 

• Reply: This allows the applicant to respond to any new issues raised in the answer. 
• Financial Statement: A detailed form providing information about your income, expenses, assets, and debts. 
• Affidavit: A sworn or affirmed written statement setting out facts to support your position. 
• Notice of Motion and Affidavit for Motion: Documents filed when asking the court to make a temporary order on an urgent basis. 

Each of these documents plays a crucial role in the litigation process and must be filled out completely and truthfully. Consultation with Nazarian Law, by booking a Discovery Call, is strongly advised. 

A Case Conference in Ontario family law is an off-the-record meeting with a judge, the parties, and their lawyers. It’s designed to discuss and identify the issues, explore opportunities for settlement, and determine how to proceed if issues remain unresolved. 

You should expect to discuss the key matters of dispute, any potential for resolution, and future steps in your case. It’s a more informal meeting and not a trial. No final orders, except procedural ones, are typically made unless both parties agree. 

We will help you prepare a Case Conference Brief outlining your position on the issues. You should come ready to discuss your concerns openly, listen to the other party’s perspective, and consider the judge’s feedback. 

It’s a critical step aimed at encouraging settlement, narrowing issues, and streamlining the litigation process if the case proceeds. 

A motion in family litigation in Ontario is a formal request to the court for a temporary order on specific issues before the final resolution of the case. It’s typically used when urgent decisions need to be made that can’t wait until the final order or trial. 

Common situations where motions are used include when immediate child or spousal support is needed, when there’s a need to prevent the disposal of assets, or when decisions regarding custody or access to children must be made promptly. 

It’s crucial to note that a motion can only be brought after a case conference has taken place, unless the situation is truly urgent or both parties agree to skip the case conference. 

A motion is a critical tool, but it’s also complex and time-consuming. Legal representation is highly advised to navigate this process effectively. 

A Settlement Conference in Ontario family law is a meeting where the parties, their lawyers, and a judge discuss the possibility of resolving the case without a trial. 

During this conference, each party presents their positions on the issues and explores options for settlement. The judge plays a more active role in guiding the conversation and may provide their opinion on how the court might rule on the issues if the case went to trial. 

You should expect to discuss the strengths and weaknesses of your case openly and explore potential compromises. It’s a confidential and without-prejudice meeting, meaning discussions cannot be referred to later in court. 

Our team will help you prepare a Settlement Conference Brief outlining your position and proposals for settlement. You should come ready to negotiate in good faith. 

This conference is a key opportunity to resolve disputes and avoid further court proceedings. 

A Trial Management Conference (TMC) is a meeting held in Ontario family law cases to help prepare for the trial. It typically occurs when parties have not been able to reach a settlement and the case is proceeding to trial. During the TMC, the parties, their lawyers, and a judge discuss various matters to ensure an efficient and effective trial process. 

The purpose of a TMC is to address procedural matters, clarify the issues in dispute, and identify the evidence and witnesses that will be presented at trial. The judge may also discuss the possibility of settlement and explore whether any issues can be resolved prior to trial. Additionally, the TMC provides an opportunity to set timelines, discuss any challenges or concerns, and ensure that both parties are adequately prepared for the upcoming trial. 

Consulting with Nazarian Law, by booking a Discovery Call, experienced in TMCs can provide guidance on what to expect, help you prepare the necessary documents and evidence, and ensure that your case is effectively presented during the conference and trial. 

At a family law trial in Ontario, you can expect a formal legal proceeding where each party presents their case before a judge. The trial provides an opportunity to present evidence, call witnesses, and make legal arguments regarding the issues in dispute. You should expect to adhere to courtroom procedures and rules of evidence. 

During the trial, each party will have the chance to present their side of the story and support their position with relevant evidence. This may include documents, testimony from witnesses, and expert reports. The judge will carefully consider the evidence, assess the credibility of witnesses, and apply the law to make a decision on the issues. 

It’s important to prepare thoroughly by working closely with your lawyer to gather and organize evidence, develop persuasive legal arguments, and anticipate potential challenges. Your lawyer will guide you through the trial process, including questioning witnesses, making legal submissions, and addressing any procedural matters that may arise. 

Consulting with Nazarian Law, by booking a Discovery Call, can provide you with valuable guidance and representation to help you navigate the trial effectively and present your case persuasively. 

Yes, it is possible that your former spouse could be ordered to contribute to your legal fees in a divorce proceeding in Ontario. The court considers various factors such as each party’s financial means, the complexity and length of the proceedings, and each party’s conduct during the proceedings, including whether any party has taken unreasonable positions or unnecessarily lengthened the proceedings. However, it’s not guaranteed, and the awarded amount may not cover all of your legal costs. Therefore, it’s crucial to budget for your legal fees independently and consult with Nazarian Law, by booking a Discovery Call, about this matter. Remember, each case is unique, and decisions about cost awards are at the discretion of the judge. 

A family law judgment in Ontario can be appealed if there are legal grounds to challenge the decision. This includes demonstrating a legal error or unfairness in the judgment. Appeals generally focus on errors of law rather than factual disagreements. To appeal, you must file a Notice of Appeal and adhere to procedural rules. Appeals are typically heard by a higher court, such as the Ontario Court of Appeal. Consulting with a family lawyer experienced in appeals is crucial to assess the strength of your case, navigate the appeal process, and present persuasive arguments. Please note that this response provides general information and consulting with Nazarian Law, by booking a Discovery Call, is essential for personalized advice. 

A foreign divorce opinion letter, also known as a legal opinion letter or a letter of opinion, is a document prepared by a lawyer in Ontario that provides an assessment of the validity and recognition of a foreign divorce in the province. It confirms whether the divorce obtained in another country is recognized as legally valid and enforceable in Ontario. The opinion letter examines the relevant laws and regulations in both jurisdictions to determine if the foreign divorce meets the legal requirements for recognition. This letter is often requested when an individual who has obtained a divorce outside of Canada seeks to have their divorce recognized and accepted by Canadian authorities for various purposes, such as remarriage, property division, or immigration matters. Consulting with our team, by booking a Discovery Call, can assist in obtaining a foreign divorce opinion letter and navigating the process effectively. 

A restraining order, also known as a protection order, is a legal court order that prohibits an individual from engaging in specific actions or contacting another person. Its purpose is to provide protection and safety to individuals who have experienced or are at risk of experiencing harm, harassment, or violence. To obtain a restraining order in Ontario, you generally need to demonstrate to the court that there is a reasonable fear for your safety or well-being. This can be done by providing evidence of incidents, threats, or abusive behavior. It’s important to consult with Nazarian Law, by booking a Discovery Call, who can guide you through the process, help you gather the necessary evidence, and prepare the required documentation. They will advocate on your behalf in court, presenting your case and seeking the appropriate restraining order to ensure your protection.

When obtaining a restraining order against your spouse in Ontario, the court considers various factors to determine whether such an order is necessary to protect your safety and well-being. Some factors that may be considered include: 

• History of abuse or violence: Evidence of past incidents, threats, or acts of violence by your spouse can strengthen your case for a restraining order. 
• Fear for safety: You need to demonstrate a reasonable fear for your safety or the safety of your children, supported by specific incidents or ongoing patterns of behavior. 
• Imminent risk: The court may assess whether there is an immediate and imminent risk of harm that requires the protection of a restraining order. 
• Need for immediate relief: If the situation is urgent and waiting for a full trial would put you at risk, the court may grant an interim or temporary restraining order. 
• Impact on children: The court considers the safety and well-being of any children involved and may grant a restraining order to protect them as well. 

It’s important to consult with Nazarian Law, by booking a Discovery Call. We can provide you with guidance on the specific factors relevant to your case and help you present a strong case for obtaining a restraining order. 

Independent legal advice (ILA) in the context of family law refers to the opportunity for each party involved in a legal matter to seek advice from their own separate lawyer. The purpose of ILA is to ensure that individuals fully understand their rights, obligations, and the implications of any legal agreements or decisions they are making. 

ILA is particularly important in situations involving domestic contracts, such as marriage contracts or separation agreements. By obtaining ILA, individuals can receive personalized advice tailored to their specific circumstances and have any legal documents explained to them in a clear and comprehensive manner. 

ILA provides a safeguard against potential conflicts of interest and ensures that each party’s interests are protected. It helps promote fairness, informed decision-making, and the overall integrity of the legal process. 

If you are considering entering into a family law agreement or have any legal concerns, it is advisable to consult with Nazarian Law, by booking a Discovery Call. We can provide you with independent legal advice specific to your situation. 

A limited scope retainer, also known as unbundled legal services, is an arrangement between a lawyer and a client where the lawyer provides specific legal services for a limited scope or specific aspect of a family law case. It allows clients to receive legal assistance for specific tasks or stages of their case while keeping costs more manageable. 

Under a limited scope retainer, clients can choose which areas they need assistance with, such as document preparation, legal advice, representation at a specific hearing, or review of legal documents. The lawyer’s involvement is limited to the agreed-upon tasks, and the client takes on certain responsibilities. 

This approach offers flexibility and cost-effectiveness, allowing clients to access legal support within their budget. However, it’s important to note that clients remain responsible for any tasks not covered under the limited scope retainer. 

Consulting with Nazarian Law, by booking a Discovery Call, our team can help you determine if this arrangement is suitable for your case and provide guidance on the available options for legal representation.