Ontario Family Law Podcast

Separation and divorce can be very expensive - often more expensive than necessary.  When separating spouses or parents are not careful, or make big family law mistakes , they give away or spend more money than they have to - leaving less money for themselves, their children and possibly their new families. In this episode of the Ontario Family Law Podcast, which is also available in vid...

In this edition in the Children's Right's series of the Ontario Family Law Podcast, Education Lawyer, John Schuman, explains what children have a right to expect that their public school will do to prevent bullying and what the school must do when bullying happens.  He explains the obligations that the school has to the victims of bullying, including how the school must support all ...

Many children attend Ontario Private Schools.  They do so in the belief that those schools provide a superior education to publicly funded schools, including superior academics, better sports, smaller class sizes and more attention to children’s needs.  But, does Ontario Law require private schools to meet those expectations or  meet any standards at all?  R...

Holidays (be they Christmas, Chanukah  Kwanza, Eid, New Years, or any other important celebration) can be difficult for separated families.  It may be impossible for the kids to celebrate with both parents and their families  - or to have the most important times, such as Christmas Morning, with both parents. Dividing up these special times with the children can be one of the bigges...

For years, many people have said that Family Court is biased towards women.  Lately, women who feel that fathers get "joint custody,” even "shared parenting," no matter what, feel that it is has become biased in favour of men.   In this episode of the Ontario Family Law Podcast (the first available in both video and audio formats), Certified Specialist in Family Law , John Schuman ,...

The research is clear that parental separation or divorce does not harm children, it is the conflict between parents, even at mild levels, that have serious long-lasting negative impacts on children .  While there are many things parents can do to protect their children in these situations, one of the most important, if not the most important, is to work out post-separatio...

In Ontario Family Law, financial disclosure is both the starting point and the cornerstone of the separation or divorce process whenever there is money involved.  It can often also be a bone of contention between spouses in itself, with one spouse feeling that he or she is being abused by massive disclosure requests and the other spouse being angry and suspicious that his or her ex is avoding...

Family law can cause consequences to relationships that couples may not have contemplated. Marriage contracts (which are called prenuptial agreements in some US states) and cohabitation agreements can prevent common family law problems and are much more common than many people would suspect.  These agreements can take people out of the usual procedures for addressing legal issu...

Things in life change.  That is expected. People’s incomes go up and down.  When that happens, child support changes and spousal support may change.  That is important to make sure that the support payer is providing the right amount of support and that children share in the lifestyle of their parents. Sometimes, it is necessary to change support to avoid financial hardshi...

Many separating or divorcing couples are choosing to go to family mediation, rather than family court to resolve the legal issues between them.  They do this because family mediation is usually, faster, much less expensive, less emotionally draining and results in much more tailored resolutions that family court.  Some people incorrectly believe that they can avoid seeing a lawyer by cho...

Spousal support is an issue after the separation of many married and common law couples.  It is a complicated area of law that is often misunderstood by people who are not family law lawyers.  As a result, it is an area where separating spouses can make some very expensive mistakes.  One of the biggest possible mistakes to make is the assumption that a spouse is entitled to spousal...

One of the most frequent mistakes people make about Ontario Family Law is thinking that becoming common law is exactly the same as being married. However, as discussed in previous episodes of this podcast, that is just simply not the case. Being common law is very different from being married. One of the biggest ways that it is different is with respect to property division. If you are common law...

It can be terrifying to be contacted by a children's aid society because it is doing a child abuse or child neglect investigation regarding your kids - and for good reason. Children’s aid societies can take your children away and put them in foster care and then take you to family court to get an order that allows another family to adopt your kids so that you never see them again.  Further, i...

Domestic violence is a frequent topic in family law matters  because that violence can be the cause, or the result, of a breakdown in a relationship.  When it occurs, it can profoundly affect all the members of the family – all the adults and the children. This edition of the podcast focuses on the critical things that people who have violence in their relationship must know.  It di...

In family law, it is common that a marriage or common-law relationship breaks down shortly after the couple comes to Canada.  When that happens, the family law issues may be difficult, but not as difficult as the immigration law issues that arise.  When a recently immigrated couple breaks up in Canada, one or both of them may deported, or the spouse who was already in Canada may have to...

Police officers, paramedics and firefighters and other emergency first responders help people every day.  They go into difficult situations when others are running away.  They work in difficult situations, at difficult hours, and the work often has lasting effects on them.  All of this creates unique issues that first responders must address if they separate or divorce (an event tha...

The vast majority of separated couples do not have a judge or arbitrator to decide how they are going to live the rest of their lives.  The vast majority of people come to an agreement to settle their matters after the end of their marriage or a common-law relationship.  In that way, they ensure that they live their lives after separation as they want to.  People are almost always m...

People hear over and over again that they need a will.  However, very few people understand the problems and unfortunate circumstances that are caused by dying intestate. If they did, they would see an estates lawyer immediately.  Very few people want their wealth to pass on to the taxman or estranged relatives instead of loved-ones. This podcast gives an easy-to-understand explanation o...

This is a special children's rights edition of the Ontario Family Law Podcast.  Rather than focusing on family law issues, this edition looks at the rights that children, especially children have in Ontario's schools - both public and private.  It explains the school's duty to accommodate a child's disabilities, and explains the limits on those accommodations.  It also goes over var...

Personal Injury Law is not Family Law.  But Family Law can have a huge impact on the money that an injured person receives from a settlement.  Without careful planning and consideration, an injured person could lose half the settlement or more to their spouse - despite the provisions in the law that re supposed to protect those settlements so that an injured person has the money that he...

In this, the twentieth, episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, and top divorce lawyer, host John Schuman discusses common law relationships. Common law relationships are not at all the same as being married.  There are very important differences with regard to property rights and spousal support rights.  Common law couples are often entitled to a l...

One of the most difficult circumstances in Family Law is when a child refuses to see one parent.   The parent who is not seeing the child feels hurt, angry, and excluded from the child's life.  The other parent feels blamed, cornered and under attack.  In these difficult situations it is very important to do the right things.  Doing the wrong thing can really hurt the children....

One of the hottest topics in Family Law and Divorce Law is how to hear what the children want.  Ontario Family Law says that children must be heard in proceedings that affect them. This episode of the Family Law Podcast was recorded live at lecture that John Schuman gave to a group of legal professionals on how to give children a voice in child custody and access proceedings.  John goes...

This episode of the Family Law Podcast was recorded live at lecture that John Schuman gave to a group of legal professionals on the topic of the different parenting options after separation and how judges decide between them.  This edition explains the real legal difference between sole custody and joint custody.  It also explains what is meant by the terms "shared custody", "split custo...

This episode of the Family Law Podcast is the third in a series that goes over the Ontario Family Court Process step by step.  In this episode, Certified Specialist in Family Law, and top divorce lawyer, John Schuman , goes over the conduct of trials in family court. He explains trials step by step from trial preparation, to opening statements, through how witnesses give evidence and the part...