Questions? Call us today.
416-519-5552

Questions? Call us today. 416-519-5552

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

Tagged , , , ,

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

Tagged , , ,

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.

 

Tagged , , , ,

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.

Tagged , , , , , ,

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.

Tagged , ,

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

Tagged , , ,

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.

Tagged , , , ,

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/

Tagged , ,

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

Tagged , , ,

04

February

Categories:

Tags:

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


Page 2 of 4
1 2 3 4