Family Law

When determining child custody, Canadian courts prioritize the best interests of the child. This means considering factors such as:

• The child’s age, maturity, and needs
• The child’s relationship with each parent
• The ability of each parent to provide for the child’s physical, emotional, and social needs
• The child’s existing living arrangements
• The child’s preferences, if they are mature enough to express them

In some cases, courts may order shared custody, where both parents have significant parenting time with the child.

Child support is a financial obligation that parents have to their children to help cover their basic needs, such as food, clothing, shelter, and education. The amount of child support is determined based on the Child Support Guidelines, which consider factors such as:

• The income of both parents
• The number of children
• The age of the children
• The costs of caring for the children

Spousal support, also known as alimony, is financial assistance paid by one spouse to the other after a divorce. It is intended to help the receiving spouse maintain their standard of living after the marriage ends. Spousal support is determined based on factors such as:

• The length of the marriage
• The income of both spouses
• The needs of both spouses
• The ability of the paying spouse to pay support

A separation agreement is a written contract between spouses who are living apart but not yet divorced. It outlines the terms of their separation, including arrangements for child custody, child support, spousal support, and the division of property.

Separation agreements can be helpful in resolving issues amicably and avoiding costly court battles.

If you are a victim of domestic violence, you have the right to seek protection and support. You can:

• Contact the police and request a protection order
• Seek help from a domestic violence shelter or crisis hotline
• Speak to a lawyer about your legal options

When choosing a family lawyer, consider their experience, expertise, and approach to family law. You can also ask for referrals from friends, family, or other professionals.

The cost of hiring a family lawyer can vary depending on the complexity of your case and the experience of the lawyer. However, it is important to remember that investing in legal representation can protect your rights and interests in the long run.

Mediation and arbitration are alternative dispute resolution (ADR) methods that can be used to resolve family law disputes without going to court.

Mediation: Mediation is a process where a neutral mediator helps the parties reach a mutually agreeable resolution.

Arbitration: Arbitration is a process where a neutral arbitrator makes a binding decision on the dispute.

There are a number of resources available to help you with family law issues in Canada, including:

Government websites: The federal and provincial governments provide information and resources on family law.

Legal aid: Legal aid programs can provide financial assistance to low-income individuals who need legal representation.

Community legal clinics: Community legal clinics offer free or low-cost legal advice and services to individuals and families.