Toronto Child Custody Lawyers

Yes. In Ontario, you can request to change (or “vary”) a family court order or separation agreement if there has been a material change in circumstances since it was made. This means something significant has changed—such as income, employment, childcare needs, health, or parenting arrangements—that affects the fairness or practicality of the existing terms.

Changes can apply to child support, spousal support, custody, parenting time, or other family-law obligations. If the change is not mutual, the person seeking the variation must usually bring a Motion to Change in court.

Our Ontario lawyers are trained in the requisite thresholds that need to be met when assessing whether an order or agreement can be varied. At Separy Law P.C. we can help you determine whether your situation meets the legal threshold for change and guide you through the process of revising your order or agreement effectively.

To change an existing family-court order or agreement, you typically file a Motion to Change with the Ontario Court of Justice or the Superior Court of Justice (Family Court). You must explain the change in circumstances, provide supporting financial and evidentiary documents, and request specific new terms.

If both parties agree on the change, it can often be submitted to the court on consent without a full hearing. If not, a judge will review the evidence and decide whether a change is warranted.

The family-law team at Separy Law P.C. assists clients across Ontario with drafting, negotiating, and filing motions to change. We ensure your updated order or agreement reflects your current financial and family circumstances and complies with Ontario family-law requirements.

When determining parenting time (formerly “access”) and decision-making responsibility (formerly “custody”), Ontario courts focus entirely on the best interests of the child. The court considers factors such as:

• The child’s emotional, physical, and psychological needs
• Each parent’s ability to provide care, stability, and support
• The child’s relationship with each parent
• Any history of family conflict or safety concerns
• Each parent’s willingness to foster a positive relationship with the other parent

The goal is to create an arrangement that promotes meaningful relationships with both parents, when safe and appropriate.

If you are negotiating or disputing parenting time or decision-making responsibility in Ontario, contact Separy Law P.C. Our Ontario parenting lawyers will help you navigate the legal process and secure a parenting arrangement that supports your child’s best interests.

In Ontario, child support is calculated using the Federal Child Support Guidelines, which set out payment amounts based on the paying parent’s gross annual income and the number of children. The goal is to ensure that children continue to benefit from both parents’ financial resources after separation or divorce.

In addition to the base amount (called the table amount), parents may also share special or extraordinary expenses—such as childcare, extracurricular activities, or medical costs—based on their respective incomes.

To ensure accurate and fair calculations, it’s essential to have full financial disclosure. The Ontario child support lawyers at Separy Law P.C. can help you determine the correct amount under the Guidelines and ensure your child’s financial needs are properly met.

Spousal support in Ontario is generally calculated using the Spousal Support Advisory Guidelines (SSAGs), which provide suggested payment ranges based on income, length of the relationship, and whether there are children.

For example:

• Without children: calculations are based on the difference in gross incomes and the length of the relationship.
• With children: support is coordinated with child support and overall household need.

Judges may depart from these ranges in special circumstances, such as high incomes, illness, or unequal property division.

To determine what applies to your specific situation, contact Separy Law P.C. Our Ontario spousal support lawyers can calculate potential entitlement and negotiate fair and sustainable arrangements.

In Ontario, child support usually continues while a child is a minor (under 18) and still dependent on their parents. Support may continue beyond age 18 if the child is attending full-time school, has a disability, or is otherwise unable to support themselves.

The end date for support can depend on the child’s circumstances and what is outlined in a court order or agreement. Parents must also keep the other party informed of changes in income or dependency that could affect support.

If you have questions about when child support should end, be reviewed, or adjusted, our child support lawyers at Separy Law P.C. can help you assess your situation and ensure compliance with Ontario’s Family Law Act and Divorce Act (Canada).

The duration of spousal support in Ontario depends on several factors, including the length of the marriage or relationship, each party’s age, and their ability to become financially self-sufficient.

Shorter marriages may result in time-limited support, while long-term marriages or situations involving health issues or child-rearing responsibilities may justify indefinite support. In some cases, support can be reviewed or varied if financial circumstances change.

If you’re seeking to establish, vary, or end spousal support, the Ontario spousal support lawyers at Separy Law P.C. can help you assess your entitlements, negotiate fair terms, or bring the issue before the court if necessary.

A material change in circumstances is a substantial and lasting change that was not anticipated when the original order or agreement was made, and that affects the rights or obligations of either party.

Common examples include:

• A significant increase or decrease in income
• A change in the child’s residence, schooling, or needs
• A new relationship or remarriage impacting finances or parenting
• Health issues affecting employability or caregiving
• Relocation that changes parenting arrangements

If you believe your current agreement or order no longer reflects your reality, contact Separy Law P.C. Our Ontario family lawyers will review your case, assess whether a material change exists, and help you pursue or defend a motion to change.

Basic child support payments cover everyday living expenses such as food, clothing, and shelter. However, the law also recognizes Section 7 special or extraordinary expenses, which go beyond basic needs. These may include:

• Childcare costs related to work or education
• Medical, dental, or therapy expenses not covered by insurance
• Post-secondary education costs
• Extracurricular or enrichment activities (if reasonable)

Parents are expected to share these additional expenses proportionally to their incomes. Agreements about Section 7 costs should be clearly outlined in a Separation Agreement or court order.

If you’re unsure which expenses qualify or how to divide them, contact Separy Law P.C. Our Ontario child support lawyers can help you negotiate fair, enforceable arrangements for your family’s needs.

A parenting plan is a written document that outlines how separated or divorced parents will share time and responsibilities for their children. It typically includes details about parenting time schedules, holidays, school breaks, decision-making, travel, communication, and dispute resolution.

In Ontario, courts encourage parents to create parenting plans that are child-focused and practical, as they help prevent conflict and provide clear expectations for both parents. When properly drafted, a parenting plan can be filed with the court and made enforceable under the Family Law Act or Divorce Act.

At Separy Law P.C., our Ontario parenting lawyers assist parents in negotiating and drafting comprehensive parenting plans that protect parental rights and ensure the child’s long-term stability and well-being.

Under Ontario’s Children’s Law Reform Act and the Divorce Act (Canada), the term parental decision-making responsibility has replaced “custody”. It refers to who has the legal authority to make key decisions about a child’s health, education, religion, and overall well-being.

Decision-making can be sole (one parent makes major decisions), joint (both parents share this responsibility), or divided (parents handle different areas). Courts determine decision-making responsibility based on the best interests of the child, focusing on each parent’s ability to communicate, cooperate, and support the child’s stability.

If you are going through a separation or divorce and need advice about decision-making responsibility or custody in Ontario, the child custody lawyers at Separy Law P.C. can help you understand your rights and create a parenting framework that prioritizes your child’s best interests.

Spousal support (sometimes called alimony) is financial support paid by one spouse to the other after separation or divorce. It’s intended to address economic disadvantages that can result from the breakdown of a relationship, such as unequal earning capacity or lost career opportunities.

In Ontario, spousal support can be temporary, time-limited, or indefinite, depending on the length of the relationship, each spouse’s income, and financial circumstances. Support can be negotiated through a Separation Agreement or ordered by a court under the Family Law Act or Divorce Act (Canada).

If you’re separating or divorcing and want to understand your rights or obligations regarding spousal support in Ontario, the Ontario spousal support lawyers at Separy Law P.C. can provide clear guidance and representation.