Canadian law outlines that couples that are married are required to equally share the wealth accumulated during a marriage, based on the date of separation. However, the equalization of net family property takes into account the assets owned by each partner at the time of the marriage and the end of the marriage. One of the parties may be entitled to more or less of the property based on this process.
So, as with many issues in family law – the answer to this question is not simple. It depends on... MORE »
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It is difficult to feel as though you are forcing your child to visit their parent if they do not want to. However, if your partner has court ordered access rights, you are responsible to ensure that they attend their visit. The court looks poorly on parents who do not facilitate a relationship between a child and their parent. Your responsibility to foster this relationship applies even if your child has special plans or is sick during a scheduled access time.
Stopping access between your child and their parent is only... MORE »
Parents may be asked to create a parenting plan to describe how their child will be cared for. Sometimes, parents do not understand what a parenting plan includes, or are unable to agree on a parenting plan. This may result in a judge having to step in and speak with the parents.
However, help is available for parents before reaching this point. At times the court may suggest using a parenting coordinator to assist the parents in sorting some of the specific planning out. Parenting coordinators are often trained specifically in... MORE »
Contrary to the widespread misconception that custody is about which parent spends the most time with a child, custody is actually about having the legal right to make major decisions about your child’s care and lifestyle. The child still may spend quite a bit of time with both parents.
Children who are in the joint custody of both parents may not necessarily split their time equally between homes, and could still be in the primary care of one parent. Joint custody essentially means that both parents must agree on major decisions... MORE »
In determining who gets custody of a child, the court considers the child’s “best interests”. Most often, the court will decide that it is in the child’s best interests to remain in the custody of one or both of their parents. Canadian law outlines that whenever possible, it is in the best interests of a child to reside with one of their parents.
In certain situations a child may be removed from the care of their parents, such as if they have acted poorly or neglected their child. In these cases,... MORE »