The Toronto Family Responsibility Office and Enforcement of Child Support
Introduction In Ontario, and in Toronto the Toronto Family Responsibility Office (FRO) plays a pivotal role in enforcing child support orders and ensuring that children receive the financial support they need. Child support is a fundamental aspect of family law that ensures the financial well-being of children after the dissolution of a marriage or common-law partnership. Understanding Child Support in Ontario Child support is the financial contribution that a paying parent makes to help cover the costs associated with raising a child. In Ontario, child support is governed by the Child Support Guidelines, a set of rules and regulations that [...]
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Empowering Victims with a Toronto Domestic Violence Lawyer
Victims of domestic violence face daunting challenges that necessitate expert legal guidance to secure their safety and well-being. Domestic violence inflicts deep wounds on individuals and families, leaving them in need of both protection and support. This blog post delves into the complexities of Ontario family law as it relates to domestic violence, emphasizing the pivotal role of a Toronto domestic violence lawyer in empowering victims. One of the most serious concerns in family law is the impact of family violence. As of March 1, 2021, the Divorce Act (DA)now addresses family violence and defines it. When a divorce or separation [...]
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Family Law Considerations for Short Marriages
The rise of short marriages, characterized by unions of relatively brief duration, has brought about a distinct set of legal considerations and implications within the Ontario and toronto family law framework when considering separation and divorce. In Ontario, short marriages encompass unions that terminate within a few years of their initiation, contrasting with traditional lifelong commitments. While no strict duration categorizes a marriage as short, it typically refers to unions of less than five years. This evolving trend prompts discussions regarding the legal rights of those seeking to end a short marriage by way of separation and/or divorce. Divorce Proceedings [...]
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Parental Decision-Making and Child Custody Laws in Ontario
Child custody disputes can be emotionally charged and legally complex, making it essential for parties and Toronto custody lawyers to have a comprehensive understanding of the law of parental decision-making in Ontario.
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Prioritizing Children’s Interests and Parenting Arrangements
Prioritizing Children’s Interests and Parenting Arrangements
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What is the the Function of the Office of the Children’s Lawyer in a Family Law Court Proceeding in Ontario?
The Office of the Children’s Lawyer in a family law court proceeding in Ontario acts as a third party investigator to ascertain the views and preferences of children and to assist parents in serious parental disputes related to decision making and parenting time. According to the Government of Ontario Office of the Children’s Lawyer (“OCL”) website, the Office of the Children’s Lawyer (OCL) is an independent law office in the Ministry of the Attorney General that delivers justice programs on behalf of children. Lawyers and clinicians whom are usually social workers are hired who act on behalf o the employ lawyers and [...]
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What Happens After You Retain a Family Law Lawyer
What happens after you retain a family law lawyer? Well that depends on a large number of factors. Some factors include, the complexity of your case, urgency of matters you presented to the lawyer you consulted with, the style of practice of the lawyer you consulted with. Some other factors are the number of disputed issues, your relationship with your spouse or separated spouse and whether there is a possibility of resolving matters amicably, the reasonableness of your expectations about how you wish to resolve the various potentially disputed issues in your case, and of course any strategic decision made [...]
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What is “Imputation” of Income As it Relates to Child Support and Spousal Support Obligations?
This is an article which is meant to address the rules around moving or relocating with or without your children, if you are are separated or divorced and have children who are subject to a parenting arrangement with a former partner or spouse. Under fairly recently passed legislation or laws, you you must now under new laws enacted in Ontario, give a Notice of Relocation to your former partner or spouse 60 days before your planned move.
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Spring is Here!
Happy Spring and Happy Norooz from all of us Toronto Family Lawyers at Separy Law PC! Spring is almost here! The snow has almost melted in Toronto and an end to the pandemic might be in sight. What a winter! For our Iranian friends and family, Norooz (Persian New Year) is almost here too on March 20, 2022 -- a cultural celebration of the spring equinox, marking the beginning of spring and the rebirth of nature. Our Toronto Family Law firm and Toronto Family Lawyers celebrate Norooz and the beginning of the Iranian or Persian New Year! We are very [...]
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Enforceability of Religious Marriage Contracts or the Iranian Maher or Mehrieh
The treatment and enforceability of Religious Marriage Contracts and in particular, the Iranian Maher in Ontario or Canada, is a difficult topic for family law clients and Canadian counsel. The Iranian Maher, Mehr, Mehrieh or Mehryeh, is a formal pledge by the male spouse to pay the female spouse a number of gold coins (usually called Bahar Azadi Gold Coins) which is then noted in Iranian marriage certificates. The Bahar Azadi coin or translated as “the Spring of Freedom” coin also known as "Imami", is an Iranian bullion gold coin minted by the Security Printing and Minting Organization of the Central Bank of the Islamic Republic of [...]
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Notice of Relocation: Moving or Relocating With or Without Your Children Following Separation or Divorce
This is an article which is meant to address the rules around moving or relocating with or without your children, if you are are separated or divorced and have children who are subject to a parenting arrangement with a former partner or spouse. Under fairly recently passed legislation or laws, you you must now under new laws enacted in Ontario, give a Notice of Relocation to your former partner or spouse 60 days before your planned move.
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Marriage Breakdown and Grounds for Divorce
Marriage breakdown can be one reason a divorce may be granted in Canada and specifically in Ontario. Section 8 of the Divorce Act, provides that on application, by either or both parties, a court may grant a divorce on the ground that there has been a breakdown of their marriage. The section further states the following with respect to the establishment of a breakdown of the marriage as: Section 8(2)(a): the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of [...]
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Divorce Order Barriers
here are certain certain divorce order barriers to potentially overcome when applying for a divorce order in Toronto, not to mention the confusing divorce application forms. There are potential barriers or bars to obtaining a divorce order if certain conditions exist. These potential bars or barriers to divorce include collusion, connivance, condonation, and the absence of and agreement for child support or court order.
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Differences between Cohabitation Agreements and Marriage Agreements
What are the differences between cohabitation agreements and marriage agreements? A marriage contract, also formerly referred to as a prenuptial agreement (“prenup”) is a type of domestic contact between two parties who are either already married or intend to marry in the near future. The marriage contract will set out how the parties agree that they will deal with issues relating to property and support, include how their property and debts will be divided, if their relationship were to break down. A cohabitation agreement is also a type of domestic contract, which is entered into by two parties who are [...]
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Service of Family Law Court Documents
Service of Family Law Court Documents can be a very serious issue which can significantly impact an applicant's right to have a family law matter heard in the Ontario family law courts or federal family law courts. Service of Court documents must be in accordance with the Family Law Rules, otherwise, you will be barred from moving your matter forward in the various stages of the court proceedings. All court documents that you prepare or your lawyer prepares for Court or which you wish to introduce in support of your case with Court need to be served on all parties to a [...]
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Urgent Family Law Matters and Court Motions
Urgent Family Law matters and Court Motions are very complicated matters of consideration for family law lawyers in Toronto and initiating a family law court motion is risky business if you don't have the requisite legal advice. Bringing a Motion for Temporary Orders or Urgent Matters: The court process takes time, and parties are often waiting for months prior to being heard before a judge. This has never been more true today as we contend with a pandemic, and the protocols put in place to ensure the safety of everybody. As such, you may want to seek to obtain a [...]
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The Two Family Law Courts in Ontario
What are the two Family Law Courts that can hear Family Law matters in Ontario? The answer is the Ontario Court of Justice and the Superior Court of Justice. With respect to family law, both federal and provincial statutes are involved and thus jurisdiction over proceedings are split between the Ontario Court of Justice and the Superior Court of Justice in a majority of Court locations around Toronto and the GTA. Both Courts have the ability to preside over the following: Decision making responsibility (formerly known as custody) Parenting Time (formerly known as access) Child Support Spousal Support Furthermore, under [...]
SUBSCRIBE VIA RSS Moving with Children
Relocation or moving with children after Separation or divorce can be a sensitive issue given there are new amendments to family law in relation to how one separated parent may move with their children The new amendments to the Divorce Act and the Family Law Act, effective as of March 1, 2021, provide an updated framework to guide separated parents through their legal rights and obligations in situations where a parent is relocating with their child to a different city, town, province or country. First, it is important to note that under the newly amended laws, not every move with children of [...]
SUBSCRIBE VIA RSS Family Law Terminology
As of March 1, 2021, Family Law legislation has made some significant amendments to family law terminology. Historically many Family Law disputes centered around the highly contested issue of which parent would have custody of a child. As of March 1, 2021, Bill 207 has come into force in order to revise and change the language of the Children’s Law Reform Act, among many changes, in order to replace the language of custody and access within Ontario, with a brand new vocabulary and set of terms. Our firm is here to explain exactly how these changes may affect family law [...]
SUBSCRIBE VIA RSS Happy Persian/Iranian New Year – Happy Norooz
Wishing you and your family a very happy Norooz (Persian/Iranian New Year) filled with health, happiness, and success. Sale no ro be hamegie doostane azizemoon tabrik migim. Omidvarim ke shoma va khanevadeh, sali por az salamati, khoshali, va moafaghiat dashte bashid. ~ Ms. Separy and the Separy Law P.C. Team ~
SUBSCRIBE VIA RSS Legal Aid Ontario Family Law Services
Legal Aid Ontario is an Ontario government organization that provides free Legal Aid Ontario family law services to individuals that meet their eligibility and financial criteria. If the you meet Legal Aid’s eligibility criteria the you will be provided with a client number (starting with CLT) and a certificate number (starting with CE). Typically their eligibility is for those individuals that fall below a certain low annual earing threshold. Once you are approved and has their CLT and CE numbers (this is called a “legal aid certificate”), the you may then may contact law firms like ours that provide legal aid family law [...]
SUBSCRIBE VIA RSS How to Enter into a Separation Agreement
A separation agreement can be a cost-effect way of resolving family law issues that arise upon separation. Separation agreements are a contract between two separated parties that can address many family law issues, such as parenting schedules, custody, child and spousal support, the division of property and the manner in which the matrimonial home should be dealt with. There are numerous ways that these issues can be resolved by way of an agreement and it is important to consult a lawyer, who can advise you as to your rights and obligations under the applicable family law and can ensure [...]
SUBSCRIBE VIA RSS Retroactive Child Support and Adult Children
The topic of retroactive child support and adult children has received much judicial attention over the last year, overturning an approach before the judiciary which at times felt unfair to recipient parents whom had years of retroactive child support that remained unpaid. A party seeking Child Support may often bring a request for support where the opposing party has either failed to pay support or has historically paid less than what their support obligation should be as per the Child Support Guidelines, based upon their annual income. The concept of seeking retroactive child support payments from a payor that has [...]
SUBSCRIBE VIA RSS Child Custody and School Enrollment during the Second Wave COVID-19
There have been many family law developments on the issue of how separated parents should make the child custody decision of school enrollment during the second wave of COVID-19. Many concerned and separated parents continue to have disputes around the custody or decision making issue of continuing to allow their children to attend school in the midst of a second wave of COVID-19 in Ontario. Many parents continue to remain concerned in regards to how the courts are dealing with the current custody decisions related to school enrollment situation and the seemingly ever increasing numbers of COVID-19 cases that are [...]
SUBSCRIBE VIA RSS Child Support for Adult Children
The family law issue of child support for adult children is interesting, because our clients often believe that the child support obligation ends when a child turns 18. However, the obligation of a parent paying monthly child support, often extends beyond a child’s eighteenth birthday. Under Section 31(1) of the Family Law Act, a parent has an obligation to provide support to the extent the parent is capable of doing so where the child is a minor, where they are enrolled in a full-time program of education, or where a child requires support due to illness, disability or other causes. [...]
SUBSCRIBE VIA RSS COVID-19 – Custody Decisions Regarding Schooling
Growing COVID-19 Numbers and Family Law Decisions Regarding Schooling With the growing number of COVID-19 numbers there are some family law custody decisions to be made about schooling. At the present time the number of cases of COVID-19 in Ontario continue to reach new record levels on a seemingly daily basis, causing many parents to begin to raise eyebrows is regards to the safety and wellbeing of children physically in attendance at school. Recently this has become a hot button issue between former spouses and separated parents, and has formed the basis of substantial legal debates in courthouses, which have [...]
SUBSCRIBE VIA RSS Challenging a Domestic Contract
Challenging a domestic contract is not an easy task to undertake. Domestic contracts include Cohabitation Agreements, Marriage Agreements, and Separation Agreements. Generally speaking, the Courts give high level of deference to properly drafted and executed Domestic Contracts, but under some circumstances parts of such contracts or the entire contract may be set aside by a Court. According to section 56(4) of the Family Law Act: A court may, on application, set aside a domestic contract or a provision in it, (a) if a party failed to disclose to the other significant assets, or significant debts or other liabilities, existing [...]
SUBSCRIBE VIA RSS Custody and Access or Parenting of Children After Separation
We often have inquiries by clients whom believe they have an absolute right to exercise their preference with respect to custody and access or parenting of children after separation and the amount of time a child is to spend with one parent after separation. This is an incorrect presumption. With respect to general principles of custody and access or parenting of children after separation, the only requirement that the court needs to consider under the Divorce Act, is the the best interests of the child as determined by reference to the condition, means, needs and other circumstances of the child. The [...]
SUBSCRIBE VIA RSS School Enrollment and COVID-19
School Enrollment and COVID-19 Within the current climate of COVID-19 many parents are severely concerned about the overall future and safety of their children, and specifically sending children to school during the COVID-19 pandemic. Perhaps there has been no more greater source of concern for many parents then decisions related to the return of children to classes for the September 2020 school year. Many parents are struggling to grapple with this issue, which has come to the forefront of family law courts within recent weeks, as parents in either joint custodial arrangements or arrangements with no custody order in place [...]
SUBSCRIBE VIA RSS Reduced Income and Cost Consequences
This article relates to the issue of reduced income and cost consequences in the context of COVID-19. The Role of Costs in Family Law - Reduced Income and Cost Consequences The rules related to costs in family law matters are primarily governed by the Family Law Rules, particularly Rule 18(14) which sets out when a court will make an order for costs, and Rule 24(12) which sets out what the court shall consider when determining the amount of costs for an order. Together, these rules form the basis for costs orders within Ontario, which overall are in place in [...]
SUBSCRIBE VIA RSS Vaccines and Vaccinating a Child During COVID-19
The issue of vaccines and vaccinating a child during COVID-19 requires a lot attention during this pandemic given some number of parents oppose vaccinations, generally. Vaccinating a child has historically been held to fall under the umbrella of custodial decisions to be made by a parent, as it is a choice that directly goes towards the medical well-being of a child. Due to this, in cases where a party has been granted an order for sole custody, typically such decisions related to the health and wellbeing of the child would specifically be made by that party. The question of whether a parent is [...]
SUBSCRIBE VIA RSS Supervised Access During COVID-19
The courts for a variety of reasons may decide for a parent to initially have an order for supervised access with a child or children of a separated relationship. These reasons can include a lack of experience in caring for children, a substantial duration of time passing since a parent has cared for a child, or more serious concerns such as mental health issues, illicit drug or alcohol problems and dependencies, and safety concerns related to leaving a child alone in the care of a parent. Supervised access or parenting can also be ordered if there is merely an allegation [...]
SUBSCRIBE VIA RSS COVID-19 Update: Ontario Court of Justice to Re-Open on a Limited Basis
Covid-19 update: The Ontario Court of Justice ("OCJ") will re-open during COVID-19 on a limited basis. We received up to date information today that Phase One of the reopening of Ontario OCJ is under way and due to open for in-person attendances on select matters on July 6, 2020, only in relation to very specific matters listed below, unless ordered otherwise: Child Youth and Family Services Trials and Summary Judgement Motions (Children's Aid Society Matters); Family Law Act or Children's Law Reform Act Urgent Trials and Focused hearings, as determined by the judge; Child Youth and Family Services Settlement Conferences, Trial Management [...]
SUBSCRIBE VIA RSS Mobility Rights and Relocation Disputes During COVID-19
Mobility During a Pandemic? Mobility or the ability to move with a child or the relocation of children to new households or locations during COVID-19 is a serious legal issue, which can create a situation of extreme gravity and importance during the context of the current COVID-19 pandemic. While in ideal circumstances, children would be able to remain at their current locations until the end of the current global crisis, for many families this is simply not an option, due to circumstances beyond their control. The genuine question that emerges from this scenario is how can parents navigate [...]
SUBSCRIBE VIA RSS The Impact of COVID-19 on Child Support
Employment Instability during Uncertain Times The current COVID-19 Pandemic has brought with it a series of ongoing issues that have directly impacted all families in Ontario. As such we were interested in the impact of COVID-19 on child support in Ontario. In particular, one of the greatest concerns stems from the abrupt and immediate loss of employment income for many parents, due to the closure of all non-essential businesses as part of the current provincial social distancing policies and federal health guidelines. The result of this is that in Ontario, there now exist countless child support orders in [...]
SUBSCRIBE VIA RSS COVID-19 Family Law Blog Series: Domestic Violence Resources
There is evidence that domestic violence is on the rise during the COVID-19 as a result of public health recommendations for individuals to quarantine and isolate, and as such, the domestic violence resources that are ordinarily available to individuals that are a the subject matter of such violence, are not available during this time as transition houses and women’s shelters are already at capacity or closed due to virus concerns. Victims of domestic violence are locked down with their abusers, and the respite that existed prior to the quarantine period imposed by public health, such as work, taking kids to [...]
SUBSCRIBE VIA RSS COVID-19 Family Law Blog Series: Family Court Online Platform for Uncontested Divorce Application
During the COVID-19 pandemic, many clients and potential client have asked us about their ability to forward a divorce application online, given that among other reasons, they may have resolved all outstanding family law issues by way of a separation agreement, they may believe the opposing party will not make a claim against them with respect to any other matter under family law in response to the divorce application, and/or they may wish to remarry. Prior to the onset of the public health recommendations the method for filing an "uncontested" divorce application was to apply by filing the original [...]
SUBSCRIBE VIA RSS COVID-19 Family Law Blog Series: The Family Law Risks of Failing to Abide by Health Canada Guidelines During COVID-19
Health Guidelines, Child Safety and Parenting Rights Our Toronto Custody Lawyers are getting many questions these days about the COVID-19 pandemic and the health guidelines they should follow during their parenting time with their children. Parties frequently have differing views in regards to the best way to parent a child after the breakdown of a relationship. Quite often differences in perspectives on parenting can exist without issue, where parties are free to choose distinct styles of parenting, which can both effectively work with a child. However, most recently the courts have clearly demonstrated that there is little room [...]
SUBSCRIBE VIA RSS How to Sign off on a Will During Covid-19
During the last few weeks our Toronto Wills Lawyers have had a large number of inquiries from many front-line workers and essential business operators and employees about drafting Last Will and Testaments and Powers of Attorney for Personal Care. Many of these front-line workers and essential workers are deemed to be at higher risk for contracting the Corona virus and are concerned about leaving their dependants without a Will which clearly sets out wishes related to how assets should be dealt with and more importantly, their intentions in relation to guardianship for their children and guardianship for their children's property. [...]
SUBSCRIBE VIA RSS COVID-19 Family Law Blog Series: Self-Isolation, Quarantine and the Maximum Contact Principle
Self-isolation, quarantine and parental bonds Throughout Ontario, most, if not all families are in some way doing their part to self-isolate in order to “stem the curve” of the COVID-19 virus. Parents at this time are doing their very best to ensure their children remain isolated, and government is attempting to ensure the safety of all, through rigorous self-isolation protocols and health guidelines. Anyone who has recently traveled or experienced cold or flu like symptoms must quarantine themselves for a period of 14 days, and those with no symptoms of any kind must continue to practice social distancing. For [...]
SUBSCRIBE VIA RSS COVID-19 Family Law Blog Series: Essential Service Workers and Parenting Time During COVID-19
Family Law in a state of transformation Each day the landscape of family law appears to be in a continual state of change as a result of the COVID-19 crisis. Many parents are seeking parenting time during COVID-19 and legal advice from us at this time, to ensure that they are able to continue to see their children despite increasingly more restrictive policies being put in place to limit physical contact between households. While many parents are able to self-isolate due to the suspension of work, there are numerous parties who continue to go out in public and work as a [...]
SUBSCRIBE VIA RSS COVID-19 Blog Series: Preserving “In-Person” Parenting Time during COVID-19
Existing Parenting Arrangements and the Impact of COVID-19 At the present time most Canadian’s are highly familiar with the concept of social distancing and self-isolation during the present COVID-19 crisis. One of the biggest current issues facing many parents within the family law context is how to deal with balancing the need to self-isolate and existing parenting arrangements and access time. Many parents are concerned that that they will not be able to see their children in person on the basis of COVID-19 and social distancing, which can lead to a frustrating and confusing situation for many. Our firm is [...]
SUBSCRIBE VIA RSS COVID-19 Blog Series: Courts Find Urgency Where Non-Primary Caregiver Unilaterally Alters Parenting Arrangements
Jackson v Doyle – Ontario Superior Court of Justice - March 20, 2020 Our firm received information on a case heard in Ontario at the Superior Court of Justice on March 20, 2020. In this case the father of the children returned from Brazil on March 13, 2020 and immediately demanded to have the children for a full week of parenting time commencing March 15, 2020, despite having only exercised interim access supervised by the children's nanny. The Father in response terminated his counsel, went to Mother’s home and took both children without her consent. Mother attempted to have children [...]
SUBSCRIBE VIA RSS COVID-19 Blog Series: Suspension of, and Changes to Court Ordered Parenting Plans or Access
Our law firm staff have decided to put together a COVID-19 Family Law Blog Series together and to provide you with updates on what changes the Toronto Family Law courts are implementing during COVID-19. This post is useful to parents who are considering varying a Court Order that sets out a parenting plan for the amount of time each parent gets to spend with a child of a relationship or a child of a marriage. At the present time the effects of COVID-19 directly impact the social and economic lives of nearly all Canadians in some way. The Ontario government, [...]
SUBSCRIBE VIA RSS Separy Law P.C. COVID-19 Protocol
Our Toronto law firm is equipped to continue providing legal services during the mandates of the Ontario government and recommendations made by public health in light of COVID-19. We have advanced firm procedures, allowing our lawyers and staff to work from home and remotely, with seamless access to our clients’ electronic files so that we can continue our best work for our valued clients. For potential new clients we will conduct consultations over the telephone or by way of video conferencing either on the same day of the request or within a reasonable time by appointment. Our services will continue and [...]
SUBSCRIBE VIA RSS The basis for spousal support
A Guide to Spousal Support after a Relationship Breakdown Spousal Support post-marriage breakdown is governed by s. 15.2 of the Divorce Act. In making an order under this section the court shall take into consideration the condition, means, needs and circumstances of each spouse. It is not as of right - the claimant must demonstrate that they are "entitled" to spousal support. In deciding whether a person is entitled, the courts will focus on the length of time the spouses lived together, the functions preformed by each spouse while living together, and any order, agreement, or arrangement related to either [...]
SUBSCRIBE VIA RSS The Concept of Status Quo and Family Law
The Power of Status Quo Within Family Law, the concept of status quo represents the existing and historical relationship between parties and children. Status quo within family law is a powerful tool in regards to potential decisions that a court will make related to temporary custody and residential arrangements. Courts have historically acted to foster and maintain status quo relationships within interim custody orders, as long as there are not clear reasons that necessitate change. As in all family law matters, these reasons will be directly based upon the best interests of a child. As a general rule of [...]
SUBSCRIBE VIA RSS The Role of Communication in Custody Orders
There are numerous factors and considerations courts will take into account when making an order for custody of a child. There are three types of custody orders that a court can make, which are sole custody, joint custody, and shared custody. When deciding which of these paths to take, one of the most important factors is how well the parties can communicate between one another in regards to decision making for the child. Communication between parties plays an essential role in this process, as it is directly connected to the ability of parties to co-parent with one another in the [...]
SUBSCRIBE VIA RSS Parenting Time with Children or Access to Children
When one parent is the “access parent” or has parenting time with children of a separated relationship, the frequency and duration of such access or parenting time differs based on the circumstances of the relationship. There are different structures that can be implemented to ensure the best interest of the child is being adhered to. When determining frequency, the parties must look at the best interest of the child. There can be flexible and structured approaches to child access for the access parent. The court must focus on what terms of access will best serve the interests of the child. [...]
SUBSCRIBE VIA RSS What Is A Child Custody And Access Assessment?
Access assessment is a report prepared and presented by an expert assessor that helps the court, you and your partner make decisions about your child including access, custody and parenting arrangements. Assessors are qualified individuals such as social workers, psychologists, mental health professionals or psychiatrists. The access assessment report is beneficial in the case that you and your partner separate or divorce. These cases are common across the United States and particularly in Toronto. A Child custody lawyer will offer you the best advisory services in cases of child custody matters in need of access assessments. Child custody In [...]
SUBSCRIBE VIA RSS Pro Bono Students Canada – Family Law – Free Drop-In Education Workshop
As a volunteer of Pro Bono Students Canada, I have been supervising University of Toronto Law Students (L1) in preparing a community presentation and free drop-in education workshop, related to various issues in family law such as divorce, separation, custody, child support, spousal support, and property division, and in addition the discussion will have some focus on LGBTQ family law related topics. Everyone is welcome! The program details are noted below. Pro Bono Students Canada Free Family Law Drop-In Public Education Workshop March 15, 2019 at 1:30 p.m. to 3:30 p.m. The 519 519 Church Street, Toronto, Ontario, M4Y 2C9 [...]
SUBSCRIBE VIA RSS Dealing With Divorce
This is a Repost from the Huffington Post to be found at http://www.huffingtonpost.ca/erin-silver/divorce-affecting-friendships_b_15622506.html Erin Silver Become a fan Erin is a writer, blogger and at-home cook working on a book. Visit her at erinsilver.ca How Divorce Affects Your Friendships The other night I went to a 40th birthday party at a friend's house. His wife threw him a wonderful dinner, invited his big group of friends, who have known each other since nursery school and have stuck together through every happiness and tragedy ever since, and made him a 15-minute slideshow of all their collective memories. There are photos [...]
SUBSCRIBE VIA RSS Testimonial Regarding Children’s Aid Society Application and Trial of the Issues:
Testimonial received with respect to a complicated Child Protection Application which proceeded to Trial at the Ontario Court of Justice. "I would like to thank Ms Separy for taking me on as one of her clients. She has provided excellent service, demonstrating professionalism and personal attention to details of my case. Through our journey we were faced with many obstacles but she never gave up and always remained calm and respectful to all parties involved. Her calm and empathetic demeanor offered emotional aid to myself and those I love most. She is pleasant to work with and I am eternally [...]
SUBSCRIBE VIA RSS Testimonial – Respondent to Motion to Change Child Support Brought by Payor
This is my testimonial regarding Ms.Solmaz, Managing Lawyer at Separy Law PC. I retained Separy Law and Ms. Separy as my lawyer in 2016. I was already in the middle of a very tough and stressful child access and support case which started in 2015, for which I had a previous lawyer who dropped my case right in the middle and left me without counsel or any idea what was happening with my case. I was left heartbroken overwhelmed and stressed. I had so many emotions and had to quickly obtain new counsel. I went to various lawyers, but since [...]
SUBSCRIBE VIA RSS Restraining Orders and the Family Courts
Many clients ask us to bring proceedings for restraining orders without having a solid understanding of what applying for one entails, from a family law perspective. A restraining order is typically sought and provided by a Court in situations when a current partner, or a separated partner is taking part in stalking, domestic violence or abuse. The legislature in Ontario provides that the Court may make a restraining order if the person has reasonable grounds to fear for their own or their child’s safety and well-being. It is not necessary for a respondent to actually commit an act in order [...]
SUBSCRIBE VIA RSS Recognition of Out of Country Divorces in Canada
I regularly have clients that ask me about out of country divorce or foreign divorce requirements when they want to get married again here in Ontario. The City of Toronto outlines that if you were divorced outside of Canada, you will need to provide certain documents to prove that you are no longer married. The Ontario government needs to validate these documents. One of the documents required and necessary to have a foreign divorce recognized here in Ontario, is a Legal Opinion Letter addressed to both people who plan to get married, giving reasons why the divorce or annulment should [...]
SUBSCRIBE VIA RSS Testimonial Received May 10, 2017 – High Net Worth Property Division and Divorce / Separation After 30 Year Marriage
"This is a testimonial regarding Ms.Solmaz Separy, Managing Lawyer at Separy Law P.C. I retained, Separy Law P.C. and specifically, Ms.Separy as my lawyer in 2015. I was at the start of a divorce and when I met Ms. Separy, I knew immediately that she was the perfect family law lawyer to help me through a difficult time in my life. Ms. Separy is a perfectionist, making sure every "i" is dotted and every "t" is crossed. This is most important when dealing with financial and legal matters. Nothing escaped her keen observations of every transaction. Her professionalism is impeccable [...]
SUBSCRIBE VIA RSS An age-by-age guide for talking to kids about divorce
https://www.todaysparent.com/family/kids-and-divorce-an-age-by-age-guide/
SUBSCRIBE VIA RSS Divorce Article – How I Survived After My Husband Left Me – Chatelaine
Interesting article on the realities of separation and divorce. Divorce Article - How I Survived After My Husband Left Me - Chatelaine
SUBSCRIBE VIA RSS Tips from the Canadian Mental Health Association on how to handle Separation or Divorce
The Canadian Mental Health Association provides the following tips for dealing with Separation and Divorce: Talk to someone you trust. Talking to a family member or close friend can give you an outlet for your frustration and anger. Be careful not to burden your children with these feelings. Be sure you can trust the person to keep your secrets so that you can feel free to share your deepest concerns. You may find that a person who has been through a separation or divorce is the best one to offer support. Keep a familiar routine for yourself and your children. It [...]
SUBSCRIBE VIA RSS Spousal Support Payments and Your Income Tax Return
Spousal support is taxable as income for the recipient spouse and deductible from the paying spouse’s income. However, the paying spouse should be careful when claiming spousal support payments as a deduction. First, spousal support should be paid pursuant to the Court order or a written agreement. Second, the paying spouse should not only report support payments on the tax return, but should also register the court order or the written agreement with the Canada Revenue Agency. The second step is usually overlooked or unknown by the paying spouses. In order to register a court order or a written agreement, [...]
SUBSCRIBE VIA RSS SUBSCRIBE VIA RSS Important changes in the treatment of child support for individuals in receipt of Ontario Works and Ontario Disability Support Program
The recent changes in the treatment of child support have increased the monthly support for almost 19,000 single parents in receipt of both social assistance and child support in Ontario. Until this year, child support payments received by recipients of Ontario Disability Support Program ("ODSP") and Ontario Works ("OW") affected the social assistance amount a recipient was entitled to, such that the child support payments would be deducted from any social assistant a recipient was entitled to. Fist, commencing January 1, 2017 for ODSP recipients, and February 1, 2017 for OW recipients, child support payments are no longer considered income [...]
SUBSCRIBE VIA RSS Testimonial Received – Child Custody and Access
Child Custody is never an easy thing to go through and it can be stressful and confusing. I had no idea what was going to happen when first stepping into it. I was scared, and confused. I wasn't sure how things would end and spent many nights not able to sleep. I was approved by Legal Aid of Ontario and with my certificate I began searching for counsel. I searched websites and Solmaz Separy popped up. I tried other lawyers as well but there was something about her site that really caught my attention. She was part of a firm [...]
SUBSCRIBE VIA RSS Testimonial Received – Custody and Child Support Case
"I came to Solmaz Separy's law firm as a Legal Aid Ontario ("LAO") client. I was apprehensive and afraid, as I was under the assumption that because I was not paying for services, I, along with my situation, would not be treated as a priority. However, my experience with Separy Law P.C. was the extreme opposite. There wasn't a single instance where I felt that I was treated any differently than a paying client. They treated me and my case with the utmost respect and held it as a priority from day one, even among all the other case [...]
SUBSCRIBE VIA RSS Testimonial Received – Responsible Lawyer: Ms. Talar Awakian
Complex Custody & Access / Child Support / Involvement of the Children's Aid Society "First walking in to Separy Law I didn't know what to expect as this was my first time dealing with anything related to custody of my four children. From the law clerk to meeting with Talar I was immediately welcomed and put at ease. I felt heard and confident that Talar would have my best interests as well as those of my children in the forefront and she did. Talar was so thorough with every detail through the entire process, she was very assertive and [...]
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Breakdown of Marriage and Divorce
Pursuant to the federal Divorce Act, a court may grant a divorce on the grounds that there has been a breakdown of the marriage. A breakdown of the marriage can be established in one of three ways 1. Living Separate and Apart One way a breakdown of the marriage is established is if spouses have lived separate and apart for at least one year before the divorce proceeding. A divorce will not be granted unless you have been separated from your spouse for at least one year or you have established one of the other bases for a breakdown of [...]
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Our 5 Year Anniversary
We are very excited to announce that this week marks our 5 year anniversary at Separy Law P.C. We have had some great accomplishments this year. We have resolved a large number of Family Law cases involving all aspects of family law, including separation, divorce, custody, access, child support, spousal support and property division matters. We assisted recipients of either child and/or spousal support to start court proceedings to change or vary the support obligation of the support payor, and, we assisted support payors to vary or change their child and/or spousal support obligations due to changing circumstances in their lives. [...]
SUBSCRIBE VIA RSS Traveling with Children: When do you need a consent letter?
It is important that a traveling parent have a consent letter to travel as immigration authorities upon entering or leaving a foreign country may request proof that the traveling parent has the right to travel with the child(ren). Without the consent letter, a country could refuse to allow a party to enter with the children, or could cause significant delays and questioning at the border. Foreign Affairs, Trade and Development Canada recommends that a consent letter be: Signed by every non-accompanying person or organization with the legal right to make major decisions for the child, including anyone with custody rights, [...]
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HAPPY HOLIDAYS FROM SEPARY LAW P.C.
P.C. All of us at Separy Law P.C. wish you and your families a happy holiday season and a new year filled with joy, health, and prosperity. Be good to your friends and families, even if you are parting ways.
SUBSCRIBE VIA RSS Testimonial Received October 2015 – Motion to Vary an Existing Order for Child Support
“I met Solmaz Separy in April 2013 when I needed to bring a Motion to Change Child Support Order due to a change in my financial situation because of a personal injury. Representing me, Ms. Separy had to deal with various parties, including government agencies over the 2 ½ year period until I was able to return to work. Ms. Separy is a skilled lawyer, her knowledge and confident composure when speaking in front of a judge and/or opposing party, together with her attention to detail was instrumental in a successful outcome of my proceeding. Ms. Separy’s firm recently expanded [...]
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SEPARY LAW PC 4TH YEAR ANNIVERSARY.
I’m really happy to announce that this month we celebrate our four year anniversary. It has been a fantastic year for Separy Law PC and our clients. In 2014 - 2015, I took on the position of Board Member of the Family Lawyers Association, participating in committees in the areas of Legal Aid, Law Reform, Bench and Bar Organizations, Task Forces, and various other events in order to contribute to making the practice of family law more enjoyable, practical and effective and, to help develop a greater sense of community within the family law Bar. In early 2015, we expanded [...]
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Testimonial Received in February 2015 – Motion to Change Child/Spousal Support
Our work sometimes involves changing the amount of support a support payor is either obligated to pay, or the amount of support a recipient has the right to receive. Sometimes, parties in Court proceedings will enter into agreements, agreeing to a certain amount of spousal or child support that meets the support recipient’s needs and is in accordance with the law. Other times, the Court will deem it necessary to give an order for support on the same basis. Following such agreements between parties or such orders by the Court, a few months or years could go by and the [...]
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Testimonial Received on October 15, 2014 with respect to a high conflict child support variation matter heard by the Superior Court of Justice via a Motion to Change proceeding:
I am very glad to have had Ms. Separy represent me in Superior Court on a Family Related Motion. Ms. Separy’s knowledge and experience on family law is extensive. Ms. Separy is very professional, and at the same time understands the emotional side of family related matters. Ms. Separy will tell you upfront what costs are involved and what may be the potential outcome. Ms. Separy’s honesty and integrity are clear and evident. Ms. Separy is very passionate at legal work – and the intelligence and experience speak for themselves. In court, the confidence and advocacy Ms. Separy displayed was [...]
SUBSCRIBE VIA RSS Testimonial Received on October 14, 2014 with respect to a high conflict child custody, access, and child support matter
“When I called Solmaz’s office nearly a year ago, I felt like I was at the end of my rope. Separation is never easy, separation with children is even more difficult, more so with an uncooperative ex-partner. Solmaz has been assertive and informative, compassionate and patient throughout the family court process. She is a highly skilled family law lawyer, her knowledge and composure are evident when she speaks in front of a judge, and there isn’t a moment that I feel she doesn’t care about my case, knowing she is working on other cases as well. Should my case go [...]
SUBSCRIBE VIA RSS Testimonial Received on June 2, 2014 with respect to a domestic matter and separation
“I am speechless….I can’t to find the words to describe how much Solmaz helped. The past year was a very painful experience in my life. I was lost and when I arrived at Solmaz’s office I was welcomed with warm smile. It’s silly to say this but sometime even a smile and a person who listens and understands wha…t one is going through is priceless. Solmaz is a very hard working individual and even though my case was not as big as other divorce cases would be, I felt like she gave me her undivided attention. She would explain how [...]
SUBSCRIBE VIA RSS Testimonial Received April 3, 2014 Regarding a Complicated Divorce Issue
“Words cannot express the gratitude and appreciation I have for all your hard work and assisting me in the situation that I was in. I came to your office when I had no idea what to do or where to take my case to! Your expertise and patience in listening to my family law case and taking appropriate action helped me get through pr…obably the most difficult times of my life. Every step of the way was well explained and communicated in a way that made me comfortable with what is going on in my case and needless to say [...]
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Happy Iranian New Year (“Norooz”)!
Dear friends, Happy Iranian New Year (“Norooz”) to you and your family from Separy Law, PC. We wish you and your family health, happiness, and success this year. - Solmaz Separy and Staff.
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