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What is Family Law?

Best Familylawyers in Canada as ranked by Lexpert

The practice area of Family Lawyers is generally understood to comprise the provision of advice and representation, whether by way of negotiation, judicial proceedings, alternative dispute resolution, mediation or arbitration, in all matters relating to spousal and parental rights arising from paternity, cohabitation, marriage, separation and divorce.

This includes the preparation and negotiation of all manner of domestic and marriage contracts; acting with respect to the custody and access rights of parents and matters involving the welfare of children; acting with respect to spousal and child support and maintenance; advising with respect to the division of property interests consisting of rights in family property, business and professional activities, pensions and estates; and advising as to the tax implications of marriage and divorce.

 

What does a family lawyer do?

Family law, in its general sense, is the part of the law that deals with family-related matters, starting from marriage, rights and obligations of parents vis-à-vis their children, and the rights of a child. It may overlap with criminal law as to young persons in conflict with the law or juvenile law, and is also related to inheritance law and property law, such as testate and intestate laws.

 

One of the most contentious branches of family law deals with separation and divorce. Corollary to it are spousal support, child support, and child custody (or is now referred to as “parental time” in Canada).

 

With the intricacies and mostly overwhelming subjects of family law, coupled with the emotional burden that comes with it, family lawyers are best consulted with for whatever domestic disputes a family may have. The best family lawyers can easily guide children and parents through various federal laws, in addition to provincial and territorial statutes, and government regulations, to come up with solutions that are best for the family.

 

In resolving domestic and family disputes, family lawyers also apply their negotiation skills through mediation or arbitration, which can relieve the family from going to litigation and spending precious time and resources for it. Mediation and arbitration also assure the confidentiality of the proceedings, which are sought out especially when dealing with private family matters, such as financial support and parental arrangements.

 

Family lawyers also help families in preparation of legal documents, such as cohabitation agreements, pre-nuptial or pre-marital agreements, and wills or estate plans.

 

What governs family law in Canada?

The main statute in Canada on family law is the Divorce Act, which governs divorce and other reliefs in connection with it. Based on the Divorce Act is the Federal Child Support Guidelines which will be applied by courts to compute the amount for child support after a divorce.

 

In matters regarding spousal or child support orders, the Family Orders and Agreements Enforcement Assistance Act (FOAEAA) and the Garnishment, Attachment and Pension Diversion Act (GAPDA) are the federal statutes to help enforce these orders, in addition to the provincial and territorial laws regarding the same.

 

Divorce Act

The Divorce Act is the federal law of Canada which establishes the grounds of divorce and provides for reliefs available to either parent and their children, such as child/spousal support orders, parenting orders, parenting plans, among others. This law forms the very basis for what family lawyers practice.

 

Grounds for a divorce

According to Section 8(1) of the Act, Canada only has one ground for divorce – marriage breakdown. Either of the following circumstances may be the basis to legally establish such ground:

  • When the spouses have lived separately for one year or more before the institution of the divorce; or
  • When one of the spouses has committed adultery against the other; or
  • When one of the spouses has treated the other with physical or mental cruelty, and that continued cohabitation of the spouses has already become impossible.

 

Dismissal or granting of divorce

Before proceeding with the divorce, the court should then be satisfied that reconciliation between the spouses cannot be had, and a 90-day cohabitation period may be imposed. If the court finds that reconciliation may still be resorted, it may suspend the divorce proceedings, with the possibility of its resumption subject to the application of either spouse.

 

If the grounds used for a divorce proceeding is physical or mental cruelty, and the court finds that there has been connivance and condonation on any of the spouse, it may also dismiss the proceedings. An exception would be is if the public would be better served if said divorce is granted, notwithstanding the presence of connivance and condonation.

 

Procedure for divorce

As for the specific procedures of a divorce proceeding, this would be within the ambit of the provincial or territorial regulations. This would include the forms needed to be filled out, the schedules, and the payment of legal fees. The best family lawyers must be aware of both the federal and provincial laws which govern family law in their area.

 

Child support and spousal support

According to the Act, a divorce proceeding would be stayed unless child support has already been agreed. In here, the court computation of the support would be based on the Federal Child Support Guidelines, which may vary per territory or province.

 

Once there had been a determination on the amount, a (child and/or spousal) support order is issued by the court, which may be enforced if the spouse directed to pay the support does not faithfully comply with the said order through the provincial or territorial Maintenance Enforcement Program. Any variation or changes to the said support order may only be made with the permission of the court.

 

Parenting time or arrangements

Previously called “custody” or “access”, the “parenting orders” or “parenting arrangements” are orders or plans that detail the relationship between a parent and their child or children after the divorce, in the exercise of the spouse’s “parenting time”. However, the change in terminologies makes no changes on the calculations of the amount of child support. Matters agreed upon a parenting order may include the relocation of the child and schedules of each spouse’s parenting time.

 

These orders are made by the court with best interests of the child in mind, according to the Act. Where both spouses cannot agree on the terms of the parenting order, the court may decide on it based on the best interests of the child, whose primary consideration is the holistic well-being of the child, among any other factors.

 

What are my rights as a parent in Canada?

Before divorce, both parents have the full parental authority as to their children. However, this changes after divorce, since parental authority would now be based upon the court’s parental order.

 

When a spouse has been granted the parenting time, said spouse has the full responsibility of the child and make day-to-day decisions for the said child. In addition, said spouse also has the decision-making responsibility which are major decisions for the growth and well-being of the child. Contact orders may also be included during the parenting times, mentioning the visitation rights of the child’s relatives and other extended family, such as the grandparents.

 

Family lawyers may help spouses and children going through these rights, especially when there have been violations of these orders or arrangements.

 

Thinking of entering a divorce or would want to consult regarding family disputes? Consult with Lexpert’s best-ranked family lawyers in Canada by heading below.

William H. Abbott
William H. Abbott
Year called to bar: 1995
Toronto, Ontario
MacDonald & Partners LLP
Diane M. Bell
Diane M. Bell
Year called to bar: 1985
Vancouver, British Columbia
Clark Wilson LLP
Adam N. Black
Adam N. Black
Year called to bar: 2007
Toronto, Ontario
Torkin Manes LLP
Sarah M. Boulby
Sarah M. Boulby
Year called to bar: 1993
Toronto, Ontario
Boulby Weinberg LLP
Georgina Carson
Georgina Carson
Year called to bar: 1991
Toronto, Ontario
Carson Chousky Lein LLP
Nikki Charlton
Nikki Charlton
Year called to bar: 2004
Vancouver, British Columbia
FARRIS
Kenneth A. Cole
Kenneth A. Cole
Year called to bar: 1976
Toronto, Ontario
Epstein Cole LLP
Erin Crawford
Erin Crawford
Year called to bar: 2003
Toronto, Ontario
McCarthy Hansen & Company LLP
Rhoda Dobler
Rhoda Dobler
Year called to bar: 1993
Calgary, Alberta
WK Family Lawyers LLP
James B.C. Edney
James B.C. Edney
Year called to bar: 1993
Toronto, Ontario
Blaney McMurtry LLP
Herschel Fogelman
Herschel Fogelman
Year called to bar: 1990
Toronto, Ontario
Fogelman Law
Aaron M. Franks
Aaron M. Franks
Year called to bar: 1998
Toronto, Ontario
Epstein Cole LLP
Cheryl Goldhart
Cheryl Goldhart
Year called to bar: 1987
Toronto, Ontario
Goldhart Kenet LLP
Heather L. Hansen
Heather L. Hansen
Toronto, Ontario
McCarthy Hansen & Company LLP
Kelly D. Jordan
Kelly D. Jordan
Year called to bar: 1995
Toronto, Ontario
Kelly D. Jordan Family Law Firm
Gary S. Joseph
Gary S. Joseph
Year called to bar: 1978
Toronto, Ontario
MacDonald & Partners LLP
George Karahotzitis
George Karahotzitis
Year called to bar: 2002
Toronto, Ontario
Thomson Rogers
Jeffrey J. Kay
Jeffrey J. Kay
Year called to bar: 1980
Vancouver, British Columbia
FARRIS
Robynne Kazina
Robynne Kazina
Year called to bar: 2006
Winnipeg, Manitoba
Taylor McCaffrey LLP
Patricia Lane
Patricia Lane
Year called to bar: 1984
Winnipeg, Manitoba
Taylor McCaffrey LLP
Carolyn J. Lloyd
Carolyn J. Lloyd
Year called to bar: 2000
London, Ontario
Lerners LLP
Steven Lubczuk
Steven Lubczuk
Year called to bar: 1982
Kitchener-Waterloo, Ontario
Miller Thomson LLP
Martha A. McCarthy
Martha A. McCarthy
Year called to bar: 1991
Toronto, Ontario
McCarthy Hansen & Company LLP
Daniel Melamed
Daniel Melamed
Year called to bar: 1988
Toronto, Ontario
Torkin Manes LLP
Krysta H. Ostwald
Krysta H. Ostwald
Year called to bar: 1997
Calgary, Alberta
WK Family Lawyers LLP
Tiffany M. Paulsen
Tiffany M. Paulsen
Saskatoon, Saskatchewan
Robertson Stromberg LLP
Laurie H. Pawlitza
Laurie H. Pawlitza
Year called to bar: 1986
Toronto, Ontario
Torkin Manes LLP
Judy Piafsky
Judy Piafsky
Year called to bar: 2002
Toronto, Ontario
Blaney McMurtry LLP
Belinda Rossi
Belinda Rossi
Year called to bar: 2007
Vaughan, Ontario
Miller Thomson LLP
Michael Stangarone
Michael Stangarone
Year called to bar: 2005
Toronto, Ontario
MacDonald & Partners LLP
Roslyn M. Tsao
Roslyn M. Tsao
Year called to bar: 1993
Toronto, Ontario
Epstein Cole LLP
Oren Weinberg
Oren Weinberg
Year called to bar: 2005
Toronto, Ontario
Boulby Weinberg LLP
Lorne H. Wolfson
Lorne H. Wolfson
Year called to bar: 1977
Toronto, Ontario
Torkin Manes LLP
Ilana Zylberman Dembo
Ilana Zylberman Dembo
Toronto, Ontario
Epstein Cole LLP
Paul R. Albi
Year called to bar: 1979
Vancouver, British Columbia
DLA Piper (Canada) LLP
Brent D. Barilla
Year called to bar: 1990
Saskatoon, Saskatchewan
Scharfstein LLP
Wendy E. Best
Year called to bar: 1980
Calgary, Alberta
Dunphy Best Blocksom LLP
Patricia L. Blocksom
Year called to bar: 1983
Calgary, Alberta
Dunphy Best Blocksom LLP
Scott L. Booth
Year called to bar: 1994
Vancouver, British Columbia
Jenkins Marzban Logan LLP
Judy N. Boyes
Year called to bar: 1980
Calgary, Alberta
Boyes Tiefenbach & Associates
Trudi L. Brown
Year called to bar: 1974
Victoria, British Columbia
Brown Henderson
Laura H. Bruyer
Year called to bar: 1992
Edmonton, Alberta
Bruyer & Mackay LLP
William R. Clayton
Year called to bar: 1972
London, Ontario
Lerners LLP
Thomas C. Dart
Year called to bar: 1976
Barrie, Ontario
Barriston LLP
Paul M. Daykin
Year called to bar: 1985
Vancouver, British Columbia
Aaron Gordon Daykin and Nordlinger
Kanchan K. Dhahan
Year called to bar: 2012
Vancouver, British Columbia
Kane Shannon Weiler LLP
Gregory G. Evans
Year called to bar: 1998
Winnipeg, Manitoba
Evans Family Law Corporation
Stephanie L. Fabbro
Year called to bar: 1999
Vancouver, British Columbia
Hamilton Fabbro
David J. Flett
Year called to bar: 1995
Regina, Saskatchewan
Nychuk & Company
Brigitte B. Garceau
Year called to bar: 1992
Montréal, Québec
Robinson Sheppard Shapiro, s.e.n.c.r.l.
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