Our trusted Family Law lawyers guide you through this complicated time.
Most often legal procedures following the breakdown of the marital relationship, family law works to resolve a variety of Family Law issues including custody/access of the children, property division and spousal and child support claims. Our Niagara family lawyers can provide advice and representation in various legal family matters.
The umbrella of Family Law can also encompass other diverse topics that affect the family unit such as spousal and child abuse issues, the drafting of Cohabitation of Prenuptial Contracts, as well as claims made to an estate by dependants.
All of these issues can be litigated within a courtroom context, but increasingly, parties are seeking creative ways to fashion their own settlements, either within a negotiated, mediated or collaborative law context.
LCW NIAGARA FAMILY LAWYERS PROVIDE ADVICE AND REPRESENTATION IN THE FOLLOWING AREAS:
- Marriage Contracts
- Cohabitation and Separation Agreements
- Spousal Support
- Child Support
- Custody and Access
- Property Division
- Child Protection
- Prenuptial, Cohabitation Agreements
Contact one of our experienced lawyers practicing Family Law to help you successfully navigate your legal needs.
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Frequently Asked Questions
What is family law in Ontario?
Family law in Ontario is a branch of law that deals with legal issues related to families and domestic relationships. It encompasses matters such as marriage, divorce, child custody and access, child and spousal support, and property division. The Family Law Act of Ontario and Divorce Act governs most family matters in Ontario.
Do mothers have more rights than fathers in Ontario?
Under Ontario law, both parents have equal rights and responsibilities with respect to their children, regardless of their gender. The court will consider the best interests of the child when making decisions regarding custody, access, and support. Both parents are also equally entitled to be appointed as guardians to their child’s property.
How often do fathers get 50-50 custody in Ontario?
Not that often seemingly–fathers get shared custody of children in only 12.8 % of cases that are decided in Canada. Most times, it's the mother that receives sole custody of the child.
This does not reflect cases that are settled out of court, so it's best to speak to your lawyer about the likelihood of shared custody in your case.
What is the definition of an unfit parent in Ontario?
In Ontario, an unfit parent is defined as someone who is unable or unwilling to provide proper care, guidance, and support for their child. Factors that may lead to a parent being deemed unfit include neglect, abuse, mental illness, substance abuse, or other issues that could put the child's safety or well-being at risk.
How does Canadian law define child custody?
In Canada, child custody refers to the legal and physical responsibility for the care, upbringing, and decision-making of a child. Custody can be granted to one parent (sole custody) or both parents (joint or shared custody).
The court considers the best interests of the child when making custody decisions and may consider factors such as the child's age, needs, and relationships with each parent.
How can a father get custody of his child in Canada?
A father can get custody his child in Canada in several ways:
- By way of an amicable agreement between both parents.
- Bydemonstrating to the court that it is in the child's best interests to reside primarily with him.
Courts will assess the father-child bond, the physical and emotional needs of the child, the father’s ability to care for the child, and other factors in determining custody.
What is the first step to divorce in Ontario?
The first step to divorce in Ontario is to file an application for divorce with the court. To do this, you must complete and file one of three forms, file it with the court, and take the next steps in accordance with the Family Law Rules.
It is highly advisable you discuss your case with a divorce lawyer because missteps in the early stages of divorce can impact your rights later.
How much does a family lawyer cost?
The Law Society of Ontario does not prescribe hourly rates for lawyers. The cost of a family lawyer can vary widely depending on several factors, including the complexity of the case, the lawyer's experience and reputation, and the location of the law firm.
To get an estimate for your family matter, speak to our family lawyers today.
Why and when do you need a family lawyer?
You may need a family lawyer if you are dealing with legal issues related to family or domestic relationships, such as divorce, child custody, support, or property division. A family lawyer can provide legal advice, negotiate on your behalf, and represent you in court. It is recommended to hire a family lawyer at the outset to assert your rights and safeguard your interests.
What is form 13A in family law in Ontario?
Form 13A is a financial statement form used in family law cases in Ontario. It is a mandatory form that must be completed by both parties in a divorce, legal separation, or annulment proceeding, and is used to disclose each party's income, expenses, assets, and liabilities. The form helps the court determine issues such as child and spousal support, and division of property.