Ontario Family Law Podcast

Across Canada, the United States and may other countries, the concept of no-fault divorce proliferated with almost judges almost always granting divorce without assigning fault to a spouse. There is a lot of anger about that approach - just check out the comments on previous episodes! Often when one spouse misbehaves during the marriage, especially through adultery or violence, the other spouse ob...

There has been a significant advancement in Canadian Family Law when it comes to intimate partner violence. In very specific situations, one spouse can sue the other spouse and receive a damages payment. Court cases can recognize what survivors have experienced a pattern of isolation, financial control, humiliation, intimidation, surveillance — a slow tightening that changes what someone can safel...

If you are in Family Court, or planning to go to family court for your divorce or parenting case, do you know what to expect at the next court appearance? Do you know what the judge can do at the next court appearance? Do you understand that there are different types of court appearances? Do you know that there are different things that judges can do depending on what type of court appearance is s...

One of the most challenging situations people face in family court, is hearing their exes lie. Your ex may lie about the children or parenting matters to get custody of the children - even going so far as to make false abuse allegations. Lying in court can be tied to concerns about parental alienation. Money is a big motivation for people to exaggerate, if not outright lie about their finances. To...

Divorce is never easy. But finding the right lawyer to guide you through the process can make a significant difference. This podcast has stressed the importance of speaking to a GOOD family law lawyer to give you help that is specific your situation. The lawyer you choose can make a significant difference both in how stressful and difficult the situation is for you, and how things turn out. Saving...

Many former spouses have been separated for a while, but have not have gotten around to getting divorced. For some people that’s an intentional decision – they do not want to be divorced, or they do not want to accept that their marriage is over. For others, it is just procrastination. But is there a deadline for getting that divorce, or dealing with the other legal issues around separation? This...

Sometimes people going through Family Court sometimes think that a judge made a mistake, possibly a big mistake. The result is that things went badly in Court. Perhaps the person who was self-represented or perhaps they did not have good representation, or the perhaps the judge did not hear properly or understand. Whatever the cause, the result was that at least one party in court thinks the judge...

It is the time of year when many people are getting married. That makes it a time of great celebration and planning, with lots of hopes and dreams. It is also a time when the people around the loving couple wonder whether the betrothed know what they are getting into. Lots of the comments on past episode of this podcast, question the wisdom of get married at all. Those comments lament the legal im...

When separating spouses or parents go to Family Court, they want to win. Often they hire great family lawyers, like the host of the Ontario Family Law Podcast, Certified Specialist, John Schuman. But, there are times when everything is going well in a party’s case, and then that party does somehting in the courtroom that torpedoes an almost certain win. At other times, that same behaviour dooms so...

The Law Says Adultery Does Not Affect a Divorce, But That’s Not Always True When one spouse has an extra-marital affair (or any sort of affair outside of a committed relationship), it can be devastating for the other spouse. It can reflect a betrayal, a lack aof honesty and questionable judgment. The innocent spouse feels a lot of emotion. Those emotions can include anger, and strong desire for ju...

Child support is the part of divorce and family law that many people hate the most. Since, in Canada, monthly child support is based entirely on the payer’s income, it might seem logical that a parent can reduce his or her child support obligation by reducing his or her income. However, even people who have legitimate losses of income can find it difficult to reduce their support obligations. The...

The implications of child custody decisions are far-reaching and can significantly impact the lives of both children and parents. It is important not to make mistakes, especially when parenting matters are before a court, arbitrator or a professional parenting assessor. Since the stakes are so high for both parents and children, this episode of the Ontario Family Law Podcast looks at some big mist...

From the comments and requests of followers, it seems that a lot of separated parents have difficulty getting information about their kids - whether it be from schools, or health care providers or in relation to activities or from other agencies that are involved in kids’ lives. This is a question that I am asked a lot. Those followers have come up with complex applications of several laws to acce...

When parents are cut off from their kids after separation, or have serious relationship problems with them, they might ask Family Court Judges to fix to fix the problem by ordering an “alienation workshop.” Those programs promise to fix the problem in a few days. However,  several jurisdictions have banned parental alienation workshops . The reasons relate to what happens at those programs, and so...

When parents separate, particularly when there is a lot of conflict, it is common for one parent to say that it is important to listen to what the kids want. That parent wants the other parent, or a judge or arbitrator, to listen to the opinion of the children when setting up parenting arrangements after separation. The UN Convention on the Rights of the Child requires that children be heard in ma...

What happens if spouses separate – their relationship is over - but one spouse refuses to move out? There can be a lot of tension, maybe even violence because of the bad feelings and conflict in the home. Nobody wants to keep living with an ex. Moving out can cause legal problems for the spouse that leaves, so both spouses may want to stay in the house. That's a bad situation. So, in this episode...

The Child Support Guidelines was supposed to make child support easy, predictable and fair. They are supposed to result in separated parents spending as much o their kids as they would if the family was together. Yet, child support remains very controversial. Often that is because people get chid support wrong. So, in this episode of the Ontario Family Law Podcast, Certified Specialist in Family L...

Considering moving in with someone? Or getting married? There is lots of advice out there that you really should get a cohabitation agreement or marriage contract. But, that sounds really unromantic. Is it really necessary? For some people, having a cohabitation agreement results in a more steady, predictable and long-lasting relationship. For others, it can result in savings of hundreds of thousa...

One of the most cost common family lawyer questions is: “If I let my partner move in with me, will her or she get half of my home?” Or, put another way, "Does living common law mean giving up half your house?" Unfortunately, this is another one of those times when a lawyer is going to tell you “It depends.” The Ontario Family Law Statutes were written so that there was a quick simple str...

When separated spouses live in different countries or provinces, they may wonder where the best place would be to get divorced. Where the separated spouses now live in different places, it may be possible to chose where the divorce will occur. Different jurisdictions have different laws. Often it can be more advantageous for one spouse to get divorced in one jurisdiction over another. To answer th...

Most people have no idea what goes on in Family Court. They can be very afraid to go there. And for good reason. There can be a lot at stake. Judges on TV can seem intimidating, or even mean. That judge can make some important decisions that will impact the lives of separated spouses and parents for ever. However, people find Family Court a lot easier if they know what to expect and things work ou...

Many people are very concerned about losing their assets to a partner or spouse when they separate.  It’s a big concern.  In episode, number 92, Certified Specialist in Family Law, John Schuman, went over some strategies that people can use to protect their assets during a relationship or when separated.   Unfortunately, some times, there is no way to protect assets.  However, there are still ways...

Some people avoid intimate relationships because they are afraid of what it will cost them. That should not be necessary. Over the course of their lives, people work hard to build up their homes, their savings, their pensions, their businesses and other assets that are important to them. Some people are fortunate enough to inherit important, and valuable, assets from their families, some of which...

Some separations are characterized by nastiness, strong emotions, and even violence.  However,  couples don’t have to physically move out their home to separate .  Couples can live in the same house, condo, or apartment for a long time.  When there is a lot of conflict, both spouses or parents staying in the home can be very difficult, especially when there are children around.  However, as many p...

Looking at online comments about divorce, separation, chid custody, parenting and family law, it is shocking at how wrong they can be. In many cases, that misinformation can lead to bad choices that can cost spouses or parents big money, or even their kids. In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, corrects those misconceptions to help peo...