Category: Procedure, Separation & Divorce

Yes, it is possible to change a family court order in the right circumstances. If you believe that there is a valid reason to vary or change a family court order in your case, you may be able to bring a Motion to Change the family court order. To amend a family court order for child support where both parties agree, you will need to fill out and file the following documents with the Court: Form 15D: A consent motion to change child support. This form must be signed by both of the parties (and the assignee, if the support order has been assigned to a third party or to a social assistance agency); 5 copies of Form 25: A draft order, which you are requesting that the judge sign; Stamped envelopes addressed to each party involved; and, A support deduction order information form and a draft support deduction order. If you believe that the Court made an error in a family court order, then you may be entitled to file an appeal. In order to file an appeal, you must state why you are requesting that the court order be amended or that a new hearing be held. To...

When the term “party” is used in as a legal term, it refers to either the individual who is making a claim or the individual against whom the claim is being made. With regards to motions, the term party is used when referring to any individuals who are directly affected by the motion in question. However, this rule does not extend to the children who are affected by the motion when referring to motions related to custody, access, child protection, adoption, or child support. The party who is making a claim is commonly referred to as the applicant of a claim. Consequently, the individual against whom the claim is being made is called the respondent of a claim. According to the Child and Family Services Act, any parent or person who has taken care of the children involved in the case, with the exclusion of foster parents, are considered to be a party involved in the matter, unless ordered otherwise by the court. In addition, the court is within its right to decide if any other individuals should be a party, and therefore should be added as parties in a given matter. In the event that an individual, or party,...

The Family Law Settlement Conference in Toronto is a last opportunity for the litigants to settle the matter without going to a trial. The goals of a Family Law Settlement Conference in Toronto include the following (Family Law Rules, Rule 17(5)): Exploring the chances of settling the family law case; Settling the issues that are in dispute; Ensuring disclosure of the relevant evidence; Settling or narrowing any issues relating to any expert evidence or reports on which the parties intend to rely at trial; Noting admissions that may simplify the case; If possible, obtaining a view of how the court might decide the case; Considering any other matter that may help in a quick and just conclusion of the case; If the case is not settled, identifying the witnesses and other evidence to be used at trial, estimating the time needed for trial and scheduling the case for trial; and Organizing a trial management conference, or holding a trial management conference where appropriate. The Family Law Settlement Conference in Toronto is generally presided over by the case management judge. A case management judge in family law monitors and manages the progress of a family law court case as it moves through the system....

When an individual hires a lawyer on a family law case, they will be asked to sign a retainer agreement. A retainer agreement sets out the parameters and terms of the relationship between the client and the firm. A retainer agreement is obligated to include specific terms outlined by the Law Society of Upper Canada. The contents of a retainer agreement include, but are not limited to outlining the specific expectations and goals, the nature of the services that the firm will provide, as well as any limitations on the scope of the case. In addition, the retainer agreement also encompasses the agreement of the client to pay the firm for the services that they are providing. It outlines the way in which a client will be charged for the matter, whether it is on an hourly basis or fixed-fee. It may also state how often the client in a family law case will receive a statement of account. The individual will also be asked to pay a “retainer fee,” which is a specific outlined amount of money paid up front to the law firm. The “retainer fee” acts as a deposit on account of future fees and services. The...

Every party has to make a decision as to their legal representation in a given legal matter. Every party has the option: To be represented by a lawyer; To be represented by a person or individual who is not a licensed lawyer, but who the court permits to represent the party regardless; or, To appear in court without a lawyer or any form of representation, and to represent themselves. In the event that a party passes away after a case has begun, and if it is necessary, the court is allowed to appoint the estate trustee to represent the party’s best interest. If the party did not previously have an estate trustee, then the court may allow for an individual who was previously approved by the party before he or she passed, to represent the party as long as they are considered to be an appropriate person to represent the party. In cases where children are involved, the court may authorize a lawyer to represent the child and the child’s interests. In other words, the court is able to authorize either a Children’s Lawyer or a Public Guardian and Trustee to represent the party. If a party decides to change lawyers...

Social networking has become an extremely common way for people to share the details of what is going on in their lives with the larger society. With that being said, a common question that has come to light is whether or not one can use information obtained from Facebook as evidence in court in a divorce case and a family law matter. It is clear that postings, photos, and friends lists can be used as evidence in family related litigation matters. Facebook can be used to re-open a case if it brings to light new evidence that can cast doubt on previous evidence upon which the previous verdict was established. In addition, Facebook profiles have been used in order to draw conclusions on an individual’s character, judgment, and credibility. Therefore, it is evident that parties can and do use information obtained from Facebook as evidence in court, if the evidence being brought forth has merit and bearing on the matter at hand. It is important that you are cautious about the information displayed on Facebook as it relates to you, since this information can be used against you in the court of law.

It is common for couples to stay in touch with one another after separating for various reasons. For example, the parties that have separated may have children together and need to communicate on issues relating to those children. Sometimes, spouses may contact each other to talk about their separation and the circumstances surrounding being separated. Today, it is common for separated spouses to communicate through text messages, emails, Facebook, as well as other types of social media. Often times, separated spouses engage in disagreements through these forms of communication. It is easy for the parties to become upset and exchange a series of heated messages back and forth. It is important to be very careful with what you say to your spouse through these forms of communication. You must keep in mind that the messages sent through these methods of communication can be accessed by the Court, used by your lawyer to support your position, or by the opposing party to hurt your position. Clearly, if your spouse has sent you malicious, angry messages, you are within your rights to obtain a copy of those messages and present them to the Court in order to support your case. For more...

When getting a divorce in Ontario, it is often difficult to tell your lawyer all of the personal aspects of your marriage and your separation. Therefore, people are often reluctant to share certain information with their lawyer. It is important to remember that when getting a divorce in Ontario, the more informed your lawyer is and the more aware he or she is about all of the relevant aspects of the marriage, the more capable and prepared your lawyer will be to defend you and your case. With that being said, you are not obligated legally to disclose all of the details of your relationship to your lawyer; however, it is highly advised that you do so. Information that may otherwise seem meaningless and unusable to you may in fact become important once the case continues to unfold. As the case continues to progress, there is a possibility that if you do not disclose all of the relevant details of your relationship, that some of the details that were not disclosed may be used against you. It is in your best interest that your lawyer is well prepared to respond to the situation if it does surface. It is never...

When serving documents in Ontario with respect to a family law issue, there are two methods of service, being regular service while serving documents in Ontario, or special service while serving documents in Ontario. Selecting a method for serving documents in Ontario is to be done in accordance with Rule 6 of the Family Law Rules, outlined below. Using Regular service, there are five methods for serving documents in Ontario. They include: 1. Mailing a copy of the documentation to the individual's lawyer, or if they have yet to retain a lawyer, to them, personally; 2. Using a courier to send a copy of the documentation to the lawyer, or if they have yet to retain a lawyer, to them, personally; 3. Depositing a copy of the documentation at a document exchange in which the individual's lawyer is taking part of; 4. Faxing a copy of the documentation to the lawyer, or if they have yet to retain a lawyer, to them, personally; 5. To carry out special service. Carrying out a special service of a document can be carried out in one of four ways. 1. The first way is to leave a copy: (a) with the person to...