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11

August

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What is The Hague Convention on International Child Abduction and Can it Help Me?

A major concern for the clients of Toronto family lawyers is the real possibility that the other parent will take the child out of Canada and never return. If the other parent in your case has significant ties to another jurisdiction, you may share this concern.

The Hague Convention on Child Abduction is an agreement between over 100 countries that Toronto Divorce Lawyers will refer to in cases of international child abduction.  The Hague Convention exists to protect children from being removed from the country where they ordinarily reside (their “habitual residence”) by one parent without the other parents’ consent. The Hague Convention also assists with the prompt return of children to their country of habitual residence. As the best family lawyers in Toronto will tell you, the idea behind The Hague Convention is that custody and visitation matters are properly decided by the court in the country of the child’s habitual residence. The International court will not involve itself in the custody and visitation issues but will decide whether the child was illegally abducted from their habitual residence and should therefore be returned.

The Hague Convention is an important tool for Toronto family lawyers as a Canadian custody order may not be recognized by other countries. Having a Canadian custody order is certainly helpful in determining the child’s habitual residence, and is often requested by the courts of the other signatories to The Hague Convention, but it is not a requirement under The Hague Convention.

In order to obtain the return of a child through The Hague Convention, a parent (with the assistance of the best divorce lawyers in Toronto) must demonstrate that Canada is the child’s habitual residence, that the removal of the child was illegal and in violation of the parent’s custodial rights, and that the child is under the age of 16.

The child’s habitual residence can be a difficult thing to prove so you may need the assistance of Toronto Divorce Lawyers. Consider the following fact situation (which was recently before the Supreme Court of Canada):

A family of Canadian citizens is living in Germany. The Mother and the Children return to Canada so that the Children can experience the Canadian school system. The Father consents to this travel for a period of 16 months. The Father later revokes his consent, fearing the Mother does not intend to return the Children to Germany. The Mother never returned the Children to Germany.

Experienced Toronto family lawyers will be asking, what is the habitual residence of the Children? The family was living happily in Germany for many years. The Father agreed to allow the Children to live in Canada for a specific period of time. He later revoked his consent. The Mother refused to return to Germany with the Children, even after the 16 months had expired. Experienced Toronto divorce lawyers will be asking: Are the Children now “habitually residence” in Canada? Unfortunately, the term Habitual residence” is not defined in The Hague Convention and has therefore been the subject of great debate.

The Supreme Court of Canada in this case looked at the following facts:

  • The children’s links to Germany and overall circumstances
  • The circumstances of the children’s move from Germany to Canada
  • The children’s links to Canada and overall circumstances

As the best family lawyers in Toronto will know, of importance was the duration, regularity, conditions, and reasons for the children’s stay, as well as the children’s nationality.

In this case, the Supreme Court of Canada found that the children were “habitually resident” in Germany and should have been returned to Germany. Interestingly, while this case was moving through the Canadian Court system, a German court granted the Mother custody and allowed the Mother and Children to return to Ontario.

The full case can be found here.

The best divorce lawyers in Toronto understand that in some circumstances, a court may deny the return of an abducted child under the Hague Convention. These circumstances include, but are not limited to, the following:

  • the child’s return would pose a risk to the child (such as the child would be subject to physical or mental harm)
  • the child objects to being returned and is of an age and maturity level at which the court will take the child’s views into account
  • more than one year has passed since the wrongful removal of the child
  • the party seeking the return of the child consented to the removal or otherwise acquiesced to the child’s removal

These are all very important factors to consider and to discuss with your Toronto family lawyers or your Toronto divorce lawyers if you are involved in a case of international child abduction.

If your child has been abducted by their other parent, then you should speak with the best family lawyers in Toronto without delay. Only the best divorce lawyers in Toronto will be able to help you navigate the complex issue of international child abduction.

At GOLDSTEIN Divorce & Family Law Group, we have some of the best family lawyers in Toronto. At the same time, we offer affordable divorce lawyers and even legal aid lawyers. No matter what your budget, we would be pleased to assist you with your case. Please contact us at 416-519-5552 or at info@amglaw.ca and one of our Toronto Family Lawyers will get back to you immediately. Also feel free to browse our website for other useful information at www.amglaw.ca.

25

July

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Can My Visitation Rights Be Limited?

In the context of Family Law, the terms “custody” and “visitation” (also called “access”) often become confused with each other. Custody is the right to make major life decisions for the child, including decisions about the child’s education, religion, and health care. “Custody” does not necessarily equate to the amount of time each parent spends with the child. “Access” is the amount of time the child spends with the respective parent. Recently with the amendments to the Divorce Act, the terms custody and access will be replaced with decision-making and parenting time. It is important that your Toronto Family Lawyers explains this to you.

As a parent who is facing a separation or divorce, you will ultimately face the following question: how much time will I be able to spend with my child? Typically, without an agreement or a court order in place that defines the terms of your access, both parents possess an equal right of access to the child. If possible, the child should be given equal access to both parents, as this would promote maximum exposure to each parent. There is a growing trend in the Ontario Family Court system that is now favouring a roughly equal parenting schedule as a starting point. However, due to many different factors, a shared or equal access schedule might not be in the best interests of your child. The affordable family lawyers of the GOLDSTEIN Divorce & Family Law Group will be able to discuss with you what may be best for your particular situation. 

It is important to note that when making decisions about access to a child, the family court will determine the issue by using what is called “the best interests of the child” test. This test applies under both the Divorce Act S.16 (8) and the Children’s Law Reform Act S.24 (2). The best interests of the child test considers the following:

  • A child’s physical well-being;
  • A child’s emotional well-being and security;
  • The parent’s plan for the child’s education and maintenance;
  • The child’s financial needs;
  • The child’s religious and ethical upbringing;
  • The parent’s understanding of the child’s needs;
  • The child’s wishes;
  • Keeping siblings together, and 
  • The relationship between the child and the parent.

As our Toronto Divorce Lawyers will explain, the test above guides the courts in making determinations about access arrangements. It is important to note that s.16 (10) of the Divorce Act states that “the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact”.  In most cases, the best divorce lawyers in Toronto should assist their clients in trying to determine what is best in the client’s specific situation.

Often, a shared access schedule cannot be implemented due to the respective parents’ work schedules or the child’s needs. For example, either parent may have a work schedule that would not allow them to care for the child half of the time or the child may live in an outside jurisdiction. For this reason, it is important to speak with your ex-partner either directly or with the assistance of Toronto Family Lawyers to craft an access schedule that works best for your child.

The following are different types of parenting arrangements that may be implemented depending on your circumstances. Our Toronto Divorce Lawyer will help you decide which one is the best for your situation:

Shared Parenting (also called Shared Custody):

In a shared parenting schedule, the child resides with each parent roughly 50% of the time. The exact schedule can be determined by the parents taking into consideration the parents’ schedules and the child’s needs. For example, the parties may choose a 2-2-3 schedule or a week-about schedule.

A shared parenting schedule generally works best when the parties live close to each other, the parents can co-parent effectively, the child can adjust to switching homes, and the parents agree that a shared arrangement is in the best interests of the child. The best divorce lawyers in Toronto of the GOLDSTEIN Divorce & Family Law Group can help you determine if a shared parenting arrangement is right for your case.

Specified Access Schedules

It is often the case that shared parenting may not be appropriate. This can be for a multitude of reasons including: the child’s needs, the parents’ schedules or perhaps the parents are unable to co-operate sufficiently. In these situations, the parties may agree to have access take place on the weekends and/or designate certain weekdays for access with the child. These schedules can include daytime and/or overnight visits with the child and can occur on a weekly or bi-weekly basis. 

In addition to a specified weekly access schedule, it is often the case that parents also negotiate holiday and summer/winter break access. The affordable family lawyers of the GOLDSTEIN Divorce & Family Law Group can help you determine if a specified access schedule is right for your case.

Supervised Access

Generally, access to your child should be free of supervision from a third party. Both s.16(9) of the Divorce Act and s.24(3) of the Children’s Law Reform Act, state that the court shall not take into consideration the past conduct of any person unless the conduct is relevant to the ability of that person to act as a parent of a child.

However, there are some situations where a parent’s conduct or misconduct may justify an order for supervised access. Some examples include:

  1. has a drinking or drug problem;
  2. has a mental health issue that affects their ability to care for the child;
  3. has committed family violence in the past;
  4.  has threatened to abduct the child; 
  5. does not have the necessary parenting skills to care for the child without supervision; or
  6. is not familiar with the child.

It is important to note that orders for supervised access are drastic and are only to be made if they are in the best interests of the child. Further, a supervised access order is often meant to be temporary. In M.(B.P.) v. M.(B.L.D.E.), 1992 CanLII 8642, Abella J.A. stated (at para 33):

The purpose of supervised access, far from being a permanent feature of a child’s life, is to provide “a temporary and time-limited measure designed to resolve a parental impasse over access. It should not be used … as a long-term remedy”.

Also, it is important to note that the parent looking to impose supervised access will have the onus of proving this claim. This means that the parent looking to limit access would have to provide evidence which would justify the implementation of a supervised access order.

As your Toronto family lawyers will explain to you, the goal of supervised access is to provide a safe and neutral setting for visits between the child and the parent. Supervised access can take place in many forms (i.e. in private or in public with the assistance of a third party, through a supervised access centre, or at the offices of the Children’s Aid Society). 

As your Toronto Divorce Lawyers will explain, supervised access exchanges are also common and can be used when there are conflicts between the parents or a court/restraining order is in the place that would restrict contact between the parents.

The best divorce lawyers in Toronto of the GOLDSTEIN Divorce & Family Law Group can help you determine if supervised access is right for your case.

No Access

In the most extreme cases, the court has the discretion to order that there be no access between the parent and the child. An order for “no access” could be made were the Child has been neglect or abused, and/or the child’s safety cannot be protected.

Conclusion

As shown above, disputes regarding child visitation can arise in a multitude of situations. While your access rights may be limited by your ex-partner or the family courts, it is important to remember that the courts recognize the importance of a child being able to spend time with each parent. It is an objective of the court to promote contact with each parent and make decisions in the best interests of the child.  

If you believe that your access rights are being unjustly limited, then you should seek the assistance of a the best family lawyers in Toronto to assist in crafting an agreement or obtaining a court order that would afford you the access to your child that your child deserves. Our affordable divorce lawyers can assist you with this. If you need assistance from some of the best family lawyers in Toronto regarding the issue of child access (or any other issue), then please contact us at 416-519-5552 or at info@amglaw.ca and one of our lawyers will get back to you immediately.

08

July

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I Need Help Understanding How Child Support Works

As Toronto Family Lawyers, our clients often ask us about child support. The most common question we get is “how much child support do I have to pay?”. This is not always a simple question for our child support lawyers to answer. In Ontario, the amount of child support someone pays depends on many factors. Where are the children primarily living? Does the paying parent earn over $150,000 per year? Are there any special or extraordinary expenses to consider? Does the paying parent have other financial obligations such as other children that could affect his or her ability to pay child support? 

The Child Support Guidelines offer a starting point in calculating the basic amount of child support the paying parent is to pay. A link to the online calculator tool can be found here https://www.amglaw.ca/links/. Child support is based on gross annual income. The first exercise is therefore determining the paying parent’s annual income. This could be difficult if that parent is self-employed or working in a “cash” based industry. It is advisable to speak with a Toronto Divorce Lawyer as they are experienced in investigating these sorts of incomes. A good child support lawyer will be able to investigate the paying parent’s lifestyle and spending habits in order to determine his or her proper income for child support purposes.

If you know the paying parent’s annual income, and the children are primarily living with one parent, the online calculator tool will give you a good idea of how much monthly child support the paying parent should pay. This child support amount is meant to provide a contribution towards the children’s “necessities”, including food, clothing, and shelter. It is referred to as the “Table amount” of child support.

What happens when the children spend substantial time with both parents? This could affect the amount of child support paid from one parent to the other. If the children spend close to equal time with both parents, there could be a set-off of child support, with each parent paying support to the other based on their income and the Child Support Guidelines. For example, assume there is one child who spends equal time with both parents. The mother earns $75,000 per year and the father earns $60,000 per year. In this scenario, the mother would pay Table child support to the father in the amount of $700 per month and the father would Table pay child support to the mother in the amount of $556 per month. This results in a payment of $144 per month from the mother to the father.

The monthly child support prescribed by the Child Support Guidelines does not consider some additional expenses associated with raising children. These expenses, such as childcare, medical costs not otherwise covered by insurance, dental and orthodontic fees, extracurricular activities, university tuition, and many others, are referred to as Section 7 expenses (as they fall under Section 7 of the Child Support Guidelines). These expenses are generally shared proportionately between the parents, in addition to the Table child support amount. What is considered a Section 7 expense varies from family to family, just as the financial means of every family is varied. In order to properly determine what is and is not a Section 7 expense for your family, you should consider speaking with one of our affordable family lawyers, as this can be a very complex issue.

There are some scenarios when the court will not follow the Child Support Guidelines. If the paying parent has other significant financial obligations, such as other children to support, or if paying child support pursuant to the Child Support Guidelines would put the paying parent in financial hardship, a court may order a lower monthly child support amount to be paid. If the paying parent’s income is higher than $150,000 per year, a court may order a higher monthly child support amount to be paid. If the paying parent is intentionally underemployed, child support lawyers can make a case to impute income to that parent so that a proper child support amount can be ordered.

Determining the proper amount of Table child support and Section 7 expenses is not the end of this process. The amount of child support paid should be revisited every year, with the paying parent providing financial disclosure to the other parent. If there is a significant change in the paying parent’s income, child support should be adjusted.

When does child support end? It is often thought that child support terminates when a child reaches the age of 18. This is not necessarily the case. There is no rule setting out when child support ends. It is different for every family. Generally speaking, child support terminates when a child is no longer considered at law to be a “child of the marriage”. This could be when a child is 16 and leaves home. It could be when a child graduates from high school and starts working full-time and is able to support themselves. It could be when a child completes their first university degree. Like everything else, the end date for child support depends on your family situation. Experienced family lawyers will be able to provide you with guidance on this issue.

If there is an order for child support, and you believe that your child support obligation has ended, you will need to take steps to have the child support order terminated. If you do not take this important step, it could result in you continuing to pay child support for many months or years, as orders in Ontario do not usually expire. Our team of experienced child support lawyers can help you determine if your child support obligation has ended. If you need assistance from some of the best family lawyers in Toronto regarding the issue of child support (or any other issue), then please contact us at 416-519-5552 or at info@amglaw.ca and one of our lawyers will get back to you immediately.

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24

June

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Is it important to pick the best family lawyer?

Choosing a family lawyer is a very important decision, just like picking the right doctor is. It is an important decision that can have a long-lasting effect on your life. But is it always important to pick the best family lawyer?

The answer to this depends upon what issues you are facing? Do you need the best custody lawyer? Do you need the best child support lawyer? Do you need the best lawyer to help you get visitation rights to your child? Do you need a lawyer who has experience dealing with the Children’s Aid Society? Different lawyers focus on different areas of family law. So, before you forgo getting an affordable family lawyer, ask your lawyer what area of family law she focuses on.

In addition to what issue you are facing, your budget will also play a large role in helping you decide whether or not you can afford the best Toronto family lawyer. Family lawyers can be very expensive. Fees can range from $200 per hour to $750 per hour in a large city like Toronto. Do you really need the best family lawyer in Toronto or is your case one that can be competently handled by a lawyer who charges a lower rate? Do your research. Speak to many Toronto divorce lawyers and try to find the best one that you can afford.

At the end of the day, it is not always so important to choose the best family lawyers. What is important is that you choose the best lawyer that you can afford while also ensuring that your family lawyer focuses his practice on the area of law that you require. At GOLDSTEIN Divorce & Family Law Group, we have some of the best family lawyers in Toronto. At the same time, we offer affordable divorce lawyers and even legal aid lawyers. No matter what your budget, we would be pleased to assist you with your case. Please contact us at 416-519-5552 or at info@amglaw.ca and one of our Toronto Family Lawyers will get back to you immediately. Also feel free to browse our website for other useful information at www.amglaw.ca.

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20

May

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Will my marriage survive the lockdown?

Will my marriage survive the lockdown?

We have all heard the predictions. Coronavirus will be a goldmine for Toronto Family Lawyers. Covid-19 will cause an increase in separation and divorce. Divorce Lawyers can’t wait until the lockdown is lifted. The truth is, the best Family Lawyers will always prefer a happy couple to a couple who is locked in a custody battle.

How can you ensure that the lockdown doesn’t result in separation and divorce? What can you do to help your marriage survive coronavirus? What steps should you take to make sure that Covid-19 doesn’t result in you having to meet with a Toronto Family Lawyer?

Here are a few tips to help your marriage survive the lockdown:

(1) Reduce the criticism. Now is not the time to be constantly pointing out your spouse’s mistakes. Doing this is never a good idea for a marriage and could lead to you needing a Toronto Divorce Lawyer. However, doing so during a health crisis is especially troubling, particularly when it comes to money. Try to focus on what your spouse is doing right and then show appreciation.

(2) Increase the intimacy. Too much togetherness and stress can sometimes lead to feelings of a loss of intimacy. Carve out some alone time. Sex can be a stress reliever. Its also a nice break from the kids!

(3) Fight elsewhere. Children don’t want to see you fight. Kids get stressed when parents argue. Keep it up and you will end up in Family Court fighting for custody. Cool down. Then go for a walk together. If your kids are old enough, give them a list of things to do to keep them occupied. Some couples have their best talks while they are walking. Being in public may also make you think twice before raising your voice!

(4) Share housekeeping chores in a way that makes sense to both partners. Chores don’t need to be shared exactly equally. Maybe one parent is more comfortable washing dishes while the other is more comfortable taking out the garbage. Don’t forget to thank you spouse for his or her contribution. Showing a lot of appreciation could lead to number (2)!

(5) Don’t be afraid to seek professional help. Its important for couples to discuss marital conflict. If you are a couple who lacks the skills necessary to resolve problems, then reach out to someone you trust. A mediator, a friend, a counselor. Do this before you find yourself in Family Court or in the office of a Toronto Family Lawyer.

By putting some of these suggestions into action, you may be able to avoid separation and divorce. If not, and you find you need the help of an Inexpensive Toronto Divorce Lawyer, then please contact us at 416-519-5552 or at info@amglaw.ca and one of our Experienced Family Lawyers will get back to you immediately. Also feel free to browse our website for other useful information at www.amglaw.ca. Please note that if you are eligible, we accept Legal Aid.

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29

April

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Parental alienation in the time of Coronavirus and COVID 19

Parental alienation in the time of Coronavirus and COVID 19

You have children. You are separated or divorced. The children live with your ex spouse but you see them pretty regularly…at least you did until Coronavirus and Covid 19! It seems that since the pandemic started your ex spouse is doing all he or she can to keep the children from you. Your ex is simply not being reasonable. He or she is throwing up roadblock after roadblock and you are becoming very frustrated. You understand the need to protect the health of your child. But you do not think it is right that your time with your children is being so severely restricted. Is this a true case of parental alienation or just an interference in your access or visitation rights during the time of coronavirus and covid 19?

“Parental alienation” has a very specific meaning in family law. It is more than simply interfering with access or visitation. Parental alienation involves the “programming” of a child by one parent which is intended to denigrate the “target parent”. This is done in an effort to undermine the child’s relationship with the target parent. Some would say there is an element of brainwashing to it.

Psychiatrist Richard Gardner developed the concept of “parental alienation syndrome” 20 years ago, defining it as:

“…a disorder that arises primarily in the context of child custody disputes. Its primary manifestation is the campaign of denigration against a parent, a campaign that has no justification. It results from the combination of a programming (brainwashing) of the child, the parent’s indoctrinations and the child’s own contributions to the vilification of the target parent.”

So, one can now see that in order to convince a court that “parental alienation” is going on, there must be, amongst other things, a “campaign of denigration” against the target parent. A mere denial of access will not qualify. This is likely particularly true during this time of coronavirus and covid 19 since both parents would likely be nervous, on-edge and over-protective.

If parental alienation is truly taking place, then you need the immediate assistance of a Toronto Family Lawyer or a Toronto Divorce Lawyer in order to ensure that your right to see your children (and the rights of the children to see you) are safeguarded. However, even if parental alienation is not what’s happening, even if you are only experiencing an interference with your access or visitation rights, you should still consult with a Toronto Family Lawyer or a Toronto Divorce Lawyer as soon as possible. In order to see if and how the coronavirus and covid 19 affect your access rights, please click https://www.amglaw.ca/how-will-coronavirus-and-covid-19-affect-my-access-rights/

What children of divorce most want and need is to maintain healthy and strong relationships with both of their parents, and to be shielded from their parents’ conflict. Unfortunately, some parents place an expectation on children to choose sides. In more extreme situations, children can be manipulated by one parent to hate the other parent. Does this sound familiar? Is this happening to you? If so, parental alienation may be taking place. It is important to deal with this without delay. In other less serious situations, one parent may be taking steps to interfere with the other parents’ time with the children. You may find this happening within increasing frequency during this time of coronavirus and covid 19.

If any of this sounds familiar, then please do not hesitate to contact us a 416-519-5552 or at info@amglaw.ca and one of our lawyers will get back to you immediately.

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14

April

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How will Coronavirus and COVID 19 affect child support?

How will Coronavirus and COVID 19 affect child support?

You have a court order for child support from an Ontario family court. Everything was going well. You were getting your child support. Your ex was paying child support every month on time. Then the coronavirus happened and everything changed. Your ex says that he lost his job and can’t pay anymore. What are your rights? How does Covid 19 affect child support? How does coronavirus affect child support?

The answer to this question depends on the specific facts of each case. Do you have a court order or a separation agreement for child support? Has your ex actually lost his job? When does he expect to be recalled to work? Is your ex receiving employment insurance benefits? Do you need a Toronto Family Lawyer? Do you need a Toronto Divorce Lawyer?

Covid 19 and the coronavirus have certainly turned everyone’s lives upside down. People have lost jobs. Businesses are shutting down. While governments have taken steps to close non-essential businesses, deferred taxes, and offered subsidies, they have said nothing about child support.

The Ontario family law courts are currently closed to all but emergency cases. In order to obtain a change or a termination of a child support order, your ex would usually have to be able to prove that there has been a “material change in circumstances”. A reduction or loss of income would usually qualify. However, how are the Ontario family courts dealing with urgent requests to change child support given Covid 19 and coronavirus? Case law is still developing regarding what will be considered to be an “emergency”. Dire issues regarding the parties’ financial circumstances could qualify. While changes to child support are generally not going to qualify as an emergency, recent caselaw suggests a few helpful guidelines:

(1) Judges wont need convincing that Covid 19 and coronavirus are extremely serious and that meaningful precautions are required to protect children and families. They know that there is a problem. What the family courts are looking for are realistic solutions. They will be looking to see if parents have made good faith efforts to communicate; to show mutual respect; and to come up with creative and realistic proposals which demonstrate both parental insight and Covid 19 awareness. These suggestions, having been made in the context of a parenting dispute, are equally valid with respect to pressing financial issues. Costs may certainly be awarded against a parent who does not keep these principles in mind.

(2) “Urgent” or “emergency” issues in family court can include (a) requests for urgent relief relating to the safety of a parent or child (b) essential medical issues or issues relating to the wrongful removal or retention of a child, and (c) dire issues regarding the parties’ financial circumstances.

(3) In the case of Land v. Tudor, the Father was subject to a child support order. He had now lost his job. The 15 year old child had changed residences and had begun to live with the Father. The Father (who was not represented) applied to the court to terminate his child support payments but his court documents were wholly deficient. While the judge seemed to want to assist the Father, she was unable to do so as the documents failed to demonstrate urgency. The Father’s motion was therefore dismissed. The judge “strongly suggested that the Father obtain legal advice on what procedures were available and necessary at this time”.

(4) In the case of Land v. Tudor, the family court judge stated that “it is the expectation of this court at all times, but most particularly now, that parents work together to put the best plans in place for their children. This includes financial plans and arrangements where necessary to meet their children’s financial needs”. Once again, it is suggested that a parties’ failure to attempt to do so could trigger significant cost consequences when the proceeding is ultimately heard.

(5) The Family Responsibility Office (FRO) is the government agency that enforces payment of support orders. Because of Covid 19 and Coronavirus, the FRO has reduced staffing levels. Callers should expect longer than normal wait times. The FRO has stated that “support payors are expected to continue to make payments as per their court order, and if there is a change in their circumstances, they need to inform their case worker who will work with them”. Likewise, “support recipients will receive payments as the FRO receives them. If the FRO does not receive payment, they will take appropriate action to get the payments flowing”.

As mentioned above, the answer to how Coronavirus and Covid 19 affect child support is very case specific. It very well could be that your case qualifies as an “emergency” and that immediate court action is required. In order to find out how your case will be dealt with, it may be necessary to speak to a Toronto Family Lawyer or a Toronto Divorce Lawyer. We would be more than happy to assist you during this very difficult time.

Please contact us at 416-519-5552 or at info@amglaw.ca and one of our lawyers will get back to you immediately.

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06

April

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How will Coronavirus and COVID 19 affect access to my child?

How will Coronavirus and COVID 19 affect access to my child?

You have a court order for access from an Ontario family court. Everything was going well. You were seeing your child and your ex was co-operating. Then the coronavirus happened and everything stopped! What are your rights? How does Covid 19 affect your access rights? How does coronavirus affect your access rights?

The answer to this question depends on the specific fact of each case. Do you have a court order or a separation agreement? Perhaps you don’t have either! How old are the children? What are the access arrangements? What does the separation agreement say? Does your job particularly expose you to the coronavirus? Do you need a Toronto Family Lawyer? Do you need a Toronto Divorce Lawyer?

The Ontario family law courts are currently closed to all but emergency cases. Case law is still developing regarding what will be considered to be an “emergency”. Clearly, child abductions will qualify. Threats to the physical well-being of children will qualify. However, what about denials of access? The following are some guidelines:

(1) The court will be defining “urgent and emergency” matters in the context of family law files to be relative to the “well-being of a child including essential medical decisions or issues relating to the wrongful removal or retention of a child”. Ontario Family Law Courts have also already concluded that “a complete termination of all contact between the child and his [parent] cannot be in the child’s best interests even in these unprecedented times”.

(2) It is in the best interests of children to maintain the status quo and shield them from the impact of family litigation. As such, the Family Law court will not allow a unilateral change to the status quo (the existing access arrangement) unless it is in the children’s best interests. Whether that is so is case specific.

(3) The courts are expecting the parties (and their lawyers) to make every reasonable attempt to reach a settlement before applying to the Family Law court on an urgent basis. Failure to do so will be a ground to award costs against the unreasonable party.

As mentioned, the answer to how Coronavirus and Covid 19 affect your access rights are very case specific. In order to find out how your case will be dealt with, it may be necessary to speak to a Toronto Family Law Lawyer or a Toronto Divorce Lawyer. We would be more than happy to assist you during this very difficult time.

Please contact us at 416-519-5552 or at info@amglaw.ca and one of our lawyers will get back to you immediately.

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11

January

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Parental Alienation in Child Custody Disputes

Parental Alienation in Child Custody Disputes

You have children. You are separated or divorced. You want to see your children but your ex is doing all he or she can to keep them from you. You tell your lawyer that parental alienation is going on. You tell your lawyer that your ex keeps denigrating you to the children. The children are being brainwashed against you! Your relationship with them is being undermined.
Is this a case of true parental alienation? Maybe….maybe not. Click the following links to learn more about parental alienation in child custody disputes.

https://www.psychologytoday.com/blog/co-parenting-after-divorce/201304/the-impact-parental-alienation-children
http://www.cbc.ca/news/canada/british-columbia/parental-alienation-divorce-family-reunification-1.3547488

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24

May

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Federal Divorce Laws to be Overhauled

Federal Divorce Laws to be Overhauled

The Liberal government is overhauling Canada’s federal divorce laws to direct the justice system to put the best interests of children at the centre of decision-making. How exactly will these changes impact child custody disputes? How exactly will these changes affect child support orders?

https://youtu.be/roRb6CVhM7k
http://www.cbc.ca/news/politics/liberals-divorce-act-children-1.4672597

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09

March

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My child is an adult. Do I still have to pay child support?

My child is an adult. Do I still have to pay child support?

In Ontario, child support is dealt with under the Divorce Act (for parents who are divorcing) and under the Family Law Act (for parents who are not married or are, at least not divorcing). Sometimes the court will consider both the Family Law Act and the Divorce Act in making a child support order.

S.31 (1) of the Family Law Act states:
Every parent has an obligation to provide support, to the extent that the parent is capable of doing so, for his or her unmarried child who,

(a) is a minor;
(b) is enrolled in a full-time program of education; or
(c) is unable by reason of illness, disability or other cause to withdraw from the charge of his or her parents. 2017, c. 34, Sched. 15, s. 1.

  1. 15.1 (1) (2) and (3) of the Divorce Act states:

(1) A court of competent jurisdiction may, on application by either or both spouses, make an order requiring a spouse to pay for the support of any or all children of the marriage.

(2) Where an application is made under subsection (1), the court may, on application by either or both spouses, make an interim order requiring a spouse to pay for the support of any or all children of the marriage, pending the determination of the application under subsection

(3) A court making an order under subsection (1) or an interim order under subsection (2) shall do so in accordance with the applicable guidelines.

What if my child wants nothing to do with me? Do I still have to pay child support?

The answer to this depends on the specific facts of your case. If the termination of the relationship is by the child, is unilateral and is unjustified, then maybe. In most cases, the support amount may be lowered…not necessarily terminated.

What if my child is over the age of 18 but is enrolled in college or university?

The answer to this, again, depends on the specific facts of your case. Generally, if a child is enrolled in a full-time course of study at an educational institution, then child support will continue to be payable until the end of the first degree. There are numerous different factors that can arise however. For example, what if the child is enrolled but doesn’t attend classes and fails out. Do you still have to pay child support? What if the child takes off a few years and then goes back to school. Do you still have to pay child support? What if the child goes on to post-secondary graduate schooling? Do you still have to continue to pay child support? What if the client goes to school out of town? Do you still have to continue to pay child support? As I have said, each case turns on its own facts so it is crucial to consult with a family law lawyer if you have questions about when your obligation to pay child support ends. The lawyers at Goldstein Divorce & Family Law Group would be pleased to discuss these or any other family law questions that you have.

 

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11

January

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Minefields for Warring Parents

Minefields for Warring Parents
Most parents going through a custody dispute want what is best for their children… but do they know how to get there? The stress of having to deal with family court, child support, perhaps a custody battle… it can leave you depleted. It can leave you emotionally exhausted. It can lead you to act in ways which are NOT typical for you and which are NOT in the best interests of the children. Here are some areas to pay attention to:

(1) Custody exchanges – Except in rare circumstances where parents are able to truly put their personal animosity aside, you should aim for the fewest number of child exchanges. I have had well-intentioned clients suggest that the parties should have shared custody on a 2-2-3 basis. From my perspective, this is a recipe for disaster. Not only is it difficult on the children to have so many exchanges, but it simply results in more opportunity for parental conflict (which will take place in front of the children).

Solution – Minimize child exchanges. For shared parenting arrangements, use a week-about schedule. Arriving on time will lessen stress and parental conflict. Consider having exchanges take place at school at the start or end of a school day.

(2) Persistent/constant calling or texting between the child(ren) and the non-resident parent – While everyone wants to be in contact with their children when the kids are not at home, is this really best for the children….or is it just what is best for you? Children need and want uninterrupted time with each parent. By the way….you also need time away from the kids!

Solution – create a communication schedule (perhaps once per day) and stick to it! The call should be at a time which does not interfere with the other parent’s routine. Do not discuss the other parent with the child(ren).

(3) Placing the child(ren) in the middle to pass messages or help settle disputes – I know this is tempting but…just don’t do it! Using children to pass messages to the other parent is damaging to their self-worth. Placing them in the middle will result in the child(ren) recoiling from you..which is the opposite of what you want to achieve.

Solution – If you are angry, sad, or full of grief, seek therapy. Bring your child(ren) to the therapy sessions if this is what the therapist suggests. The therapist will help you to establish boundaries regarding the parent-child roles.

(4) Using social media to shame the other parent – children (especially teenagers) are already vulnerable, having to find their way through puberty, peer pressure and the fall out from social media. Having to navigate the emotional turmoil of divorce exacerbates this. The last thing your child(ren) need to see (or hear about) is their parents warring on social media. Making negative comments about the other parent is obviously destructive to children. However, seemingly innocuous posts can also cause damage. For example, the parent who posts pictures of her new boyfriend on her Facebook page needs to think long and hard about how those posts will be internalized by her children.

Solution – unfollow your ex-spouse on social media out of privacy and respect. Don’t post anything about your ex-spouse. Ask your close friends and family to refrain from posting about your family and to restrict any negative talk about your ex. Think long and hard about posting about your “new life”.

There are, of course, a myriad of other issues that creep into custody battles and parenting after divorce. I have highlighted just a few. An experienced therapist will be able to assist you to navigate these issues while your family law lawyer will help you tackle the legal issues.

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05

November

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When Does Child Support End?

WHEN DOES CHILD SUPPORT END?

You have been paying child support for so many years? When will these child support payments finally end? Or……you have been receiving child support for such a long time. Can you continue to receive it?
Child support doesn’t necessarily end when a child reaches 18 years of age. Under the Divorce act and the Family Law Act there is actually no upper age limit when child support ends. For the most part, child support is payable as long as a child has not “voluntarily withdrawn from parental control” and is enrolled in a full-time program of education. The courts have defined “full-time” to generally mean 4 full-time courses of study, but the courts have even allowed less than 4 courses in some circumstances. The courts have been very flexible in determining what a “course of study” is. It need not be a university education. College, trade school, and even other kinds of study may qualify. Furthermore, the courts have generally ordered child support to be paid until the child completes his or her first degree or diploma. Of course, there are some exceptions, so you need to discuss this with your family law lawyer.
While child support is generally payable until a child has completed her first degree or diploma, the entitlement to support is not automatic. The court must be satisfied that the educational plan is reasonable in terms of the child’s abilities; that it meets the plans and expectations of the parents with regard to the child’s post-secondary education; and that it is within the needs and means of the child and the parents.
In some cases, child support is even payable for a child who is pursuing a second or third degree. In this case, the court will consider the financial circumstances of the family, the ability of the child to contribute to his post-secondary education expenses, the child’s education and career plans, the child’s age, the child’s academic performance, the family’s educational expectations, the parents’ involvement in the decision-making process, the accountability of the child, and the extent to which the program prepares the child to become financially independent. Be very careful because most courts now find the child support guideline amount inappropriate when a child attends school out-of-town and only returns home during the summer and school breaks.
As with any area of law, there are some general guidelines which we can follow as I have discussed above. However, most cases are determined based on the facts of the individual case. As such, you should consult with a family law lawyer if you want an opinion regarding when your child support payment will end. I would be more than pleased to speak to you about your unique situation.

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13

October

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Child support and the Family Responsibility Office

CHILD SUPPORT AND THE FAMILY RESPONSIBILITY OFFICE

Are you looking for child support? Do you have a child support order? By now you have probably heard of the Family Responsibility Office (FRO). If not, they are the government agency in charge of enforcing child support orders. Think of them as a government collection agency that helps out in family law cases. You can read about the Family Responsibility Office (FRO) in my other blogs. This article isn’t intended to go into detail about how the Family Responsibility Office (FRO) works or how they help you collect on the child support order that you have. Instead, it is intended to warn you about the pitfalls associated with having your child support order registered with them.

Once a family court child support order is made, the court will sign an order assigning collection of the child support order to the Family Responsibility Office (FRO). If everything goes as it should, you will be notified by the FRO and they will explain the process to you. However, every so often something goes terribly wrong. Click this link to find out how?

http://ottawacitizen.com/news/local-news/reevely-ontario-man-locked-up-for-not-paying-child-support-bills-he-never-got

To find out more, please contact me at:
info@amglaw.ca

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05

September

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The Children’s Aid Society (CAS) has taken my child. What do I do?

THE CHILDREN’S AID SOCIETY (CAS) HAS TAKEN MY CHILD. WHAT DO I DO?

This is a very difficult time for a parent.  The Children’s Aid Society (CAS) is interfering in your life and telling you how to parent your child.  Maybe you haven’t been getting your kids to school on time or they have missed a lot of school.  Maybe there are issues with drugs or domestic violence.  This type of court case is not only very complicated, but it will be the most important thing you ever have to deal with.  The stress can be overwhelming.  You need a lawyer who specializes in cases involving child protective services.  This is not a time to worry about the cost of hiring a lawyer. If you qualify for Legal Aid then they will pay for your lawyer.  Contact Legal Aid Ontario by telephone and get approved for a legal aid certificate.  Hire an experienced child protection lawyer (such as the ones at GOLDSTEIN Divorce & Family Law Group). We will immediately assess your case and explain the court and CAS process to you.  Our lawyers will help you navigate your way through this so that the Children’s Aid Society (CAS) and the court are satisfied that you can parent your child without any further involvement of the court or child protective services.

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19

May

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Will Co-Parenting Work After My Divorce or Separation?

WILL CO-PARENTING WORK AFTER MY DIVORCE OR SEPARATION?
You want to separate or divorce but you also want to minimize the disruption on the children. You are in the middle of a custody battle but you want to try to find an amicable way to work with your ex-spouse. Have you considered co-parenting? Co-parenting after a divorce or separation involves both partners being actively involved in the lives of their children. It requires maturity, discipline and the willingness to do very hard work.

Parenting experts say that good co-parenting involves drawing clear boundaries with your ex, carefully navigating bringing new partners into the mix and having straightforward talks with your children. You must have the maturity to put your children’s interests first and put your own hurts and grievances aside.

For more on co-parenting, click on the following link:

http://www.cbc.ca/life/wellness/co-parenting-after-a-split-focus-on-the-kids-say-experts-1.4091219

http://www.cnn.com/2017/04/06/health/divorced-couple-photos-trnd/

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15

March

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The cost of divorce

THE COST OF DIVORCE

Everyone knows that it costs money when people go through a legal separation or a divorce but what exactly does this mean? Aside from the obvious legal fees, child support, and spousal support, what other costs are associated with a break-up? What about your living costs? What about the cost of transportation, food, entertainment? Click on this link to find out more…

http://www.cbc.ca/stevenandchris/life/the-cost-of-breaking-up

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04

February

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I have a child support order….. so where is my money?

I HAVE A CHILD SUPPORT ORDER…..SO WHERE IS MY MONEY?

Do you have a child support order? You do? That’s great! Well, in Ontario, a child support order is really only a piece of paper. Now comes the hard part. The Family Responsibility Office (FRO) now needs to enforce that order so that you can get your money. Unfortunately, the Family Responsibility Office (FRO) is not so great at what they do. In fact, a new report says that the Family Responsibility Office (FRO) receives the most complaints of any government agency because it is handling cases either too aggressively or not aggressively enough. Click on the following link to see what’s going on: http://www.cbc.ca/player/play/2697197101

20

December

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Pets… are they part of the family or just another piece of property?

Pets…. are they part of the family or just another piece of property?

I’m a dog lover…. I always have been. To be honest, I don’t really trust people who don’t like animals. What could be wrong with cuddling up with a nice, furry dog or cat that only wants to be fed and give you love. It’s this exact kind of thinking that leads people to humanize their pets. You know what I’m talking about…. dogs with shoes, a winter coat… cats who get Christmas presents… these animals truly become part of the family. But according to the law, are they really part of the family? Should parties actually go to court to get custody of a dog or custody of a cat? Will the court treat pets like children in deciding what happens with our best friends after a divorce or separation? According to Justice Richard Danyliuk of the Saskatchewan Court of Queens Bench, then answer is a resounding “no”. According to Justice Dayliuk “ despite the fact many people treat their dog as part of the family, at law it enjoys no familial rights.”. Please click this link to get more information: http://www.cbc.ca/beta/news/canada/saskatchewan/dog-custody-dispute-saskatoon-1.3889188

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07

April

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Can you represent both me and my spouse?

Can you represent both me and my spouse?

I often receive calls from clients who have already resolved the issues with their spouse or who expect a very amicable resolution to their case. In this situation, I will inevitably be asked if the client can bring her spouse to the consultation so that they can present the agreement to me together. They would then expect me to simply draft the agreement for the two of them. While this may seem reasonable to the lay person, it is strictly forbidden.
There are many requirements that need to be met for a separation agreement to be considered to be valid and binding. One of the most important requirements is that there be no “conflict of interest”. A conflict of interest will immediately arise if a lawyer represents both spouses. If the same lawyer represents both spouses in his or her capacity as a lawyer, then this will significantly increase the chances that the separation agreement will one day be set aside by a court, costing the parties many thousands of dollars to rectify the situation. Furthermore, a lawyer who represents both spouses likely puts himself in the position of breaching his obligation of confidentiality to both parties. This could find the lawyer in trouble with the Law Society of Upper Canada. So, it is in BOTH parties’ best interests for each of them to have their own separate lawyer throughout the case. Lawyers refer to this as “independent legal advice” and it is one of the hallmarks of a sound separation agreement.

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20

September

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Mediation for a less painful divorce: A Toronto family lawyer and mediator offers his advice

Like many divorcing couples, you and your spouse may be considering using a mediator to assist you in resolving your issues, but you might be unclear about what a mediator actually does. Unlike arbitrators, mediators do not make decisions or determinations as to the rights of the parties or the allocation of property. They will, however, help the couple negotiate and structure their own agreement. A mediated agreement has the advantage of substantially increasing the likelihood that the parties will follow its terms since it reflects the parties’ own decisions as opposed to terms imposed by a court. Additionally, reaching a mediated agreement significantly reduces the time, expense, and conflict of your divorce process. Continue Reading »

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20

September

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Engaged Toronto couples: Find out whether you need a marriage contract

Contrary to what many people think, marriage contracts (also known as prenuptial agreements) aren’t actually needed for most engaged couples. Marriage contracts are usually recommended when one or both of the future spouses have a significant amount of property as of the date of marriage that they each wish to protect in the event of divorce. Similarly, a party with significant assets may also want to protect against future spousal support obligations. Continue Reading »

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20

September

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Cohabitation Agreements: A Toronto family lawyer’s advice for couples living together

If you are in a relationship where you’ve decided to live with your partner but do not intend to get married, a cohabitation agreement, much like a marriage contract, can establish your rights and obligations in the event the relationship ends. If you do ultimately decide to get married, such agreements usually include a clause stating that the agreement will automatically become a marriage contract at that time. Continue Reading »

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06

September

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What You Need to Know About Child Support

When it comes to child support, there are several important considerations many people overlook or are simply not aware of. If you have children and are going through a divorce, regardless of whether you are the recipient or payor of child support, here are three helpful insights from a Toronto divorce expert. Continue Reading »

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06

September

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What You Need to Know About Child Custody

All divorces are difficult; even more so when children are involved. You no doubt have many questions – “How do I get custody? “ “What steps should I take to protect myself and my child?” “How does my income matter?” You should tell your lawyer any concerns you have about custody issues, but here are three quick insights from a Toronto family lawyer who has handled thousands of custody cases and has been trusted by clients for more than 18 years: Continue Reading »

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06

September

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What You Need to Know About Separation Agreements

Separation Agreements, Temporary Agreements and Court Orders

A separation agreement is a domestic contract that the parties use to settle their rights upon the breakdown of their marriage. Since the agreement covers so many important matters and often involves significant negotiation, they can take a good deal of time to finalize. Continue Reading »

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25

February

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Custody and Access

What does the court consider in determining who will get custody of the children?

In determining the issue of custody, the court is only interested in the “best interests of the child(ren)”. In order to determine the best interests of the children, the court may consider the status quo, the children’s ages, which parent has been the primary care giver, the children’s ages, the children’s wishes, and any other relevant factor that affects the best interests of the children. Continue Reading »

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25

February

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Child Support

How does the court determine the amount of child support that will have to be paid?

The amount of child support that will have to be paid by the payor is a function of (a) the amount payable under the Tables contained in the “Child Support Guidelines” (b) any amount added to the Table amount for the payor’s contribution towards the child’s special and extra-ordinary expenses pursuant to s.7 of the Child Support Guidelines and (c) any reduction in child support due to an analysis of standard of living in the payor’s household vs. the standard of living in the recipient’s household. Continue Reading »

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25

February

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Spousal Support

Can I get spousal support (alimony)? If so, how much can I get and how long can I get it for?

There are no Tables or Guidelines regarding the issue of spousal support. Accordingly, if you would like to receive spousal support or are defending a claim for spousal support, then you will need to speak with a family law lawyer.

In determining spousal support, the court will examine the recipient’s need and the payor’s means and ability to pay. It will also look at any other factor that is relevant to determine the issue such as the length of the marriage or co-habitation, the recipient’s ability to achieve financial self-sufficiency and whether either party has been economically advantaged or disadvantaged by the marriage or its breakdown. Continue Reading »

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25

February

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Non-Removal Orders

I am afraid that my ex partner will abscond with my children (out of Ontario) and I will never see them again. What can I do?

If you are afraid that your ex partner will abscond with your child(ren), then you can apply to the court for a “non-removal order”. This is an order that will prohibit the child(ren) from being removed from the province or any particular jurisdiction within Ontario without your consent or a court order. If the court makes such an order, you should immediately take it to the customs and immigration officials nearest you (perhaps at your airport). Continue Reading »

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08

May

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10 Do’s and Don’ts of Dealing with the Children’s Aid Society

  1. Do Contact an Experienced Child Protection Lawyer Immediately.
    • It is critical that you have legal advice on what to say and what not to say to a child protection worker at the very beginning of a children’s aid society matter.  This could help you avoid the case being taken to court immediately.
  2. Do be honest with your Toronto family lawyer about everything in question.
    • Everything you say to your lawyer is confidential.  Your lawyer will not discuss what you say to them with anyone else.  Your lawyer must know what you know to help you navigate this difficult situation.
  3. Do Contact Legal Aid Immediately if you are Unable to Afford a Lawyer.
    • Child Protection cases can be complicated and take some time to resolve.  If you qualify for a Legal Aid Certificate, then Legal Aid Ontario will pay for your lawyer so you and your lawyer can fully focus on your case, rather than discussing its cost.
  4. Do attend any court appearances that are scheduled even if you have not yet hired a lawyer.
    • If you miss court, then the court will proceed in your absence and may make court orders that affect you without your input.  Attending court and participating means your voice will be heard by the Judge.
  5. Do behave in a reasonable manner with the CAS at all times.
    • Dealing with a Children’s Aid Society is upsetting and frustrating.  It is very important that you do not lose your temper. Try to be cooperative.  CAS workers write down everything you say and then the Judge will hear about it.  If there is a problem, then your lawyer will be your SWORD and your SHIELD.
  6. Don’t discuss any of the issues with the Child/Children.
    • There is nothing that will upset your Judge more than involving the child in adult issues, especially the Court case.  Your lawyer can help get your child’s view and wishes before the court by seeking a Court appointed lawyer for the child who is paid for by the government and is totally independent of the CAS.
  7. Don’t Discuss any of the issues with your ex-partner if you and the child’s other parent are separated.
    • You never know what your ex-partner may say.  Discussing it with them could harm your case.  Talk to your lawyer first.  Your lawyer can help develop a plan that will hopefully have your ex-partner on board with you rather than against you.
  8. Don’t Try to find out who reported you to the Children’s Aid Society or contact them.
    • It doesn’t matter who reported you. Right now you have to deal with the case.  Your lawyer may later be able find out who reported the case as part of the disclosure process and use that information appropriately.
  9. Don’t procrastinate about dealing with this matter. Contact a Toronto Child Protection Lawyer immediately.
    • The start of your case is the most important time.  Having an experienced Toronto family lawyer help you navigate the case at the early stages will help you to get the CAS out of your life faster.
  10. Don’t post anything on social media about your case or about your experience with the Children’s Aid Society.
    • It is not only illegal but will likely delay getting the CAS out of your life if you post about your case.  Again, contact an experienced Toronto Child Protection Lawyer to help you navigate the case so that everything you do helps to complete the case and get the CAS out of your life.
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24

March

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Toronto CAS Lawyers

Toronto Children’s Aid Society Lawyers

The government, through the various children’s aid societies (CAS, CCAS, JF&CS, NC & FS), has enormous power.  A children’s aid society can remove your children from your care and place them with other people when they have a reasonable basis to believe that your children are at serious risk of harm.  They can obtain a warrant to enter your home with the police and remove your children but a children’s aid society does not require a warrant to do so if they have cause to believe that your children are at immediate risk of harm.

If this happens to you, it is important for you to understand your rights as a parent and a caregiver. Among these rights are the right to have a court hearing within five days of your children being removed from your care and, in most cases, the right to have contact with your children if they are not in your care. A children’s aid society must provide you and the court with written documents setting out the reason why your children have been removed, before the first court hearing.

It is also important to understand what obligations a children’s aid society has to you and to your children if they become involved in a court proceeding with you. Among these obligations are a requirement that a children’s aid society (CAS) provide supports to you and the children and to advise you in writing about what their expectations of you are. A children’s aid society may only take the least restrictive steps necessary in order to protect the children and must obtain a court order with respect to the steps that it takes. A children’s aid society also has an obligation where possible to focus on your family’s reunification as soon as it is safe for the children. This is instead of pursuing a route to place the children in foster care.

Each city or region has its own children’s aid societies.  In Toronto, there are four.  These are the Children’s Aid Society of Toronto (CAS), the Catholic Children’s Aid Society of Toronto (CCAS), Native Child and Family Services (NC&FS) and Jewish Family and Children’s Services (JF&CS).

Children’s aid societies acquire their authority to intervene through legislation called the Child, Youth and Family Services Act. This Act defines the circumstances under which children may be deemed to be “in need of protection”.  These reasons may include actual harm or risk of harm to a child; actual harm or risk of sexual harm to a child; neglect; actual or risk of causing emotional harm to a child; failure to provide a child with necessities; failing to provide a child with medical attention; abandonment of a child and other causes. The Act also lays out the legal framework of a children’s aid society’s powers and a court’s powers, and sets out timelines for all steps taken in a legal case with a children’s aid society.

You can come to the attention of a children’s aid society because a relative, a friend, a neighbour, a school, a doctor, the police or some other source has made a report to a children’s aid society that they believe your child is at risk of harm in your care.  When this happens, you need a lawyer with extensive experience in Child Protection Law to help you navigate this complicated area of law. You need an experienced child protection lawyer. You need a top Toronto CAS lawyer.

The GOLDSTEIN Divorce & Family Law Group has one of the best child protection lawyers in Toronto. Colin Tobias has experience, having focused in this area of the law since 1992.   He will advise you of your rights and obligations and work with you to create the best possible course of action in your dealings with the children’s aid society. 

Colin Tobias, as one of the top CAS lawyers in Toronto, will ensure that your side of the story is presented to both the children’s aid society and the court. His representation will include drafting persuasive and responsive documents for the court, replying to the allegations of the children’s aid society and ensuring that the court and the society understand and consider your side of the story. In court, Mr. Tobias will strongly advocate on your behalf. He will help you formulate the plan you need to have your children returned to your care as soon as possible and to end the society’s involvement in your life. Colin Tobias has extensive trial experience and will not hesitate to ensure that your case goes to trial if it cannot be successfully resolved.

Colin Tobias will be pleased to accept a Legal Aid Certificate to represent you on your case. If you do not qualify for legal aid, Mr. Tobias will work with you to establish an affordable payment arrangement.

There can be no greater intrusion in a parent’s life then to have the government seek to remove your children from your care. You do not have to fight this battle alone and you should not try to. You need a childrens aid lawyer who understands this area of the lawyer, knows the players involved and has the professional relationships and experience to achieve a favourable outcome for you. The GOLDSTEIN Divorce & Family Law Group has such a lawyer. If you are in need of one of the best childrens aid society lawyers in Toronto, then please do not hesitate to contact us a 416-519-5552 or at info@amglaw.ca and one of our lawyers will get back to you immediately.

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