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Can I use text messages as evidence in court?

Much to some judges’ disdain, text messages are often used in court. The use of text messages can either act to your benefit, or your downfall. Sometimes they can be of great assistance as proof of claims made by spouses in family court, but they often showcase poor communication and disrespect between the spouses.

As such, it is very important to remain respectful and polite with your spouse during your separation or divorce. A quickly sent text message in the heat of the moment may reflect poorly on you later during... MORE »

Most Recent FAQs

I’m afraid that my partner is going to take my child out of the country without my permission. What can I do if this happens?

If you are afraid that your partner is going to remove your child from Canada, it is important to get help quickly. This may include going to the police and letting them know what you believe your spouse is going to do.

Canada has signed an agreement called the Hague Convention with many other countries. This means that if a child has been removed from Canada and taken to another country that is a member of this agreement, there are special provisions put in place to deal with the situation. You... MORE »

If there are criminal charges laid against my partner, will these be dealt with at the same time as my family court matter?

In some jurisdictions, such as Toronto, there is a special court called the Integrated Domestic Violence Court that will hear some family and criminal law matters at the same time.

However, in other jurisdictions, you will likely have to go to two courts to settle the criminal and family matters separately. This process can be very confusing, and you may receive conflicting court orders from each matter. This commonly arises is access situations.

In these situations, it is especially important to consult with a family lawyer, as one order may need to... MORE »

My partner has abused me and I want to leave. Can I take my child with me?

In Ontario, both parents have equal rights to access their child. To entirely remove your child from your partners care, you will need a court order that gives you custody. Custody is decided when a judge determines what is in the best interests of your child. If you remove your child from their other parent, it may reflect poorly on you during future litigation. If you feel it is extremely unsafe for yourself and your child to remain with your partner, one way to mitigate this problem is by having... MORE »

What if my spouse isn’t cooperating with the sale of the matrimonial home?

Unfortunately, there is no quick and easy way to force your spouse to cooperate during the sale of your home.

However, if your spouse is refusing, here are a few steps you can take:

  • Negotiate a separation agreement in which you agree how the sale of the home will take place
  • If your spouse is still being unreasonable, you can start an application in the court to request forcing the sale of the home

If you are not living in the home, but still contributing to the mortgage or maintenance expenses, you can also... MORE »