FAQ Family Law

Under the federal Divorce Act, the court’s primary focus is on two key areas: parenting time and decision-making responsibility. Every determination made by a judge is governed by a single, mandatory legal standard: the best interests of the child.

To determine what is in a child’s best interests, the court evaluates various factors, including the child’s physical and emotional needs, their existing relationship with each parent, and any history of care. The law encourages a “maximum contact” principle, meaning the goal is to ensure the child spends as much time with both parents as is consistent with their safety and overall well-being.

Child support is determined using the Federal Child Support Guidelines. This calculation is primarily based on the paying parent’s gross annual income and the number of children. The result is a standardized monthly “table amount” designed to cover the child’s basic daily needs.

In addition to these monthly amounts, parents typically share “Section 7” expenses. These are “extraordinary” costs—such as childcare, post-secondary tuition, or braces—that fall outside regular daily living. These expenses are generally split proportionately between the parents according to their respective incomes. It is important to note that your specific parenting time arrangement can also impact the final support calculation.

Spousal support is financial assistance paid by one partner to the other after a relationship ends to address an economic imbalance. Unlike child support, spousal support is not an automatic right.

To receive support, a spouse must first establish “entitlement” based on:

• Compensatory grounds: To recognize economic sacrifices made during the marriage (such as leaving the workforce to raise children).
• Non-compensatory grounds: Based on a demonstrated financial need arising from the breakup.
• Contractual grounds: Based on a pre-existing agreement, like a marriage contract.

Once entitlement is proven, the Spousal Support Advisory Guidelines (SSAGs) suggest a range for the amount and duration of payments based on the length of the relationship and both parties’ incomes.

A separation agreement is a legally binding contract that outlines how you and your spouse will handle your affairs after splitting. It typically covers the division of assets and debts, parenting arrangements, and support obligations.

For an agreement to be enforceable and a legally sound court agreement, it is essential that both parties receive Independent Legal Advice before signing. This ensures both sides fully understand their rights, preventing the agreement from being easily challenged or overturned by a judge in the future.

If you are in immediate danger, contact local emergency services or the police first. From a legal standpoint, a family lawyer can assist you in obtaining a Protection Order or Restraining Order to legally prevent an abusive partner from contacting or approaching you and your children.

Under the federal Divorce Act, courts are required to consider any evidence of family violence when determining parenting arrangements, prioritizing the safety and psychological well-being of the family above all else.

Family law involves high-stakes decisions and complex statutes that can impact your life for decades. Professional counsel provides a strategic roadmap—from ensuring financial disclosure is complete to drafting a court agreement. Having legal advocacy ensures your rights are protected and that you aren’t leaving critical entitlements, such as pension shares, on the table.

Family law fees typically vary based on the complexity of the issues and whether the matter is contested or uncontested. Most lawyers work on an hourly rate, which covers everything from legal research and document drafting to court appearances and negotiations. During your initial consultation, we provide a clear outline of the expected steps in your case and a transparent discussion of the retainer process. Investing in professional representation early on often saves significant costs by avoiding procedural mistakes and reaching a more efficient resolution.

Both are forms of Alternative Dispute Resolution (ADR) used to reach a settlement outside of court.

• Mediation involves a neutral third party who facilitates a dialogue to help you reach a voluntary agreement; the mediator cannot impose a decision on you.
• Arbitration is more formal; the arbitrator acts like a private judge and makes a binding decision that both parties must follow.

As your lawyer, I can represent you in both processes to ensure that any agreement or “award” reached protects your long-term legal and financial interests.

The most valuable resource in a family law case is full and honest financial disclosure. To move your case forward efficiently, it is essential to gather your last three years of Income Tax Returns, Notices of Assessment, and current statements for all assets and debts (including pensions and business interests). Providing this information early allows your lawyer to accurately calculate support and property division, which is the foundation for any successful negotiation or court application.