The notion of what, exactly, is a "fair" result in a family law case can be different for any given person and based on the facts of any given case. Family law is very different from many other areas of the law because of the deeply personal issues at stake and the resultant emotional reactions that can be involved. It is through that lens that individuals and families view whether or not they received a fair result.
No matter whether a divorce case is being litigated in Ontario or otherwise, the parties to the case will come into the process, most likely, full of raw emotions. After all, we are talking about one of the bedrock relationships for people: marriage. To see a marriage end can leave many people searching for answers, and not just to their legal questions about the divorce process. They also need to try to search through the various emotions that can become intertwined with the legal process. So, how can our readers prepare for the emotional toll of a divorce?
The decision to pursue an Ontario divorce is often the hardest decision anyone will make. After all, no one gets married thinking that the union will end in divorce. When it comes time to consider whether or not filing for divorce is the best option though, there will probably be a lot of soul-searching.
There are many Ontarians who go into a divorce knowing that there will be a myriad of issues to address, but who are still surprised at how complex these cases can become. Sure, one knows more about their family, spouse and personal finances than anyone else, but once they become involved in the family law process, they will be exposed to other people -- judges and attorneys, for starters -- who oftentimes have decades of experience with divorce cases and the associated issues. During the divorce process, one area in which many people are somewhat surprised is when they learn the full extent of their assets and debts.
Many of our Ontario readers are likely facing family problems that could include significant issues between spouses. Most people who are facing these situations do their best to work it out, but sometimes, all of the best efforts and intentions are not enough. How does one know if it is time to consider a divorce?
Toronto family law issues are some of the most difficult legal problems. While most people enter a relationship and have children with someone else thinking that their bond will only grow with time, the unfortunate reality is that this is not always the case. Relationships fray and people can grow apart. However, if there are children from the relationship, certain legal realities need to be established. Paternity is one.
What is in the best interests of the child is the standard that is used to make child custody decisions. The best interests of the child standard is the guiding standard when decisions impacting children, such as the custody of a child, are considered.
The divorce process can feel overwhelming, and divorcing couples likely have a long list of priorities and concerns they want to address during the divorce process. It is important for divorcing spouses to understand how to protect their interests and the wealth they have accumulated during their marriage, especially in circumstances of a high asset divorce.
Depending on the parenting agreement and best interests of the child, the answer could be yes. Custody does not prohibit a parent from seeing a child. Custody is about who gets to make decisions about raising the child.
Many thanks to my esteemed colleague, Philip Epstein, for granting permission to publish here his report with respect to the expected expansion of unified family courts in Canada and particularly in Ontario. Published with permission from Westlaw's "Epstein's This Week in Family Law, Fam. L. News. 2018-13 [copyright Thomson Reuters Canada Limited]: