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-separation parenting issues without a big fight.   Family Court, as part of its adversarial system of justice, most often requires some form of conflict over children’s issues.   However, there are many alternatives to Family Court for parents who want to work out custody/access issues with less conflict and with more control over the results. While judges always decide custody/access cases in the best interests of the children, what a judge thinks is in a child’s best interests can be different from what the child’s parents think.

In this edition of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains the options for working out custody/access issues without resort to the Courts.  He describes parenting mediation, parenting coordination, family law arbitration, custody/access assessments, the Office of the Children’s Lawyer and how each of these options works and when each of them can be best.   This podcast also describes how parents can have greater control over the parenting plan after separation by using these other methods.

All separated parents, who do not have a parenting plan or agreement over custody/access issues must listen to this podcast to find out not only how to get the best results and protection for their kids, but also how to get the parenting arrangements that work best for them.

For more information about mediation, check out this page, with a video on what happens at family and parenting mediation.

Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on family law, divorce and separation issues.  Please feel free to share this podcast with your social network using the sharing buttons below.  The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law, practicing in Toronto.

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 disclosure to hide money.

In this edition of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains what disclosure is necessary in family law cases, when spouses have to provide it and what happens when one spouse is not satisfied with the disclosure provided. He goes over the disclosure process in Family Court, Mediation, Arbitration and Collaborative Practice and goes over the privacy concerns that disclosure can create in Family Court.  This podcast also describes the serious consequences that can arise for a party who refuses to provide financial disclosure.

Find our about your disclosure obligations in your family law case, as well as how to deal with disclosure problems by listening to this edition of the podcast.

The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law and Divorce Trial Lawyer, mediator, arbitrator and collaborative lawyer, practicing in Toronto at Devry Smith Frank LLP, which is a full service law firm with several excellent lawyers in family law.

Thousands of people tune into the Ontario Family Law Podcast every month to get valuable pointers on family law, marriage, divorce and separation issues that can save them thousands of dollars.  It is also available on iTunes.  The Ontario Family Law Podcast is a companion to this easy-to-understand book on the Basics of Ontario Family Law, which is also available for immediate download as a $9.99 ebook from Amazon (Canada) and Kobo or as and iBook for iPad, iPhone or Mac.  For a more comprehensive explanation of family law issues, a guide to Ontario’s Family Courts and all the alternatives to court such as mediation, arbitration and collaborative practice, download a copy, order a paper copy from Amazon, or request it at your favourite bookstore or library.

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 issues during and after a marriage and avoid a lot of the controversial issues that cause fights and even long battles after separation.  But to have such an agreement hold up, and protect you and your family and also avoid difficult litigation in the event of a separation.  You have to follow the law that governs making marriage contracts and cohabitation agreements.

People who work out a marriage contract before the wedding have given what marriage means more serious thought and go into the relationship and obligations knowing what they are getting into.  Because they have done that, the foundation of the marriage is stronger and separation and using the marriage contract is less likely.  Marriage contracts or cohabitation agreements have saved many relationships by addressing and removing issues that have caused the couple stress.

This podcast is essential listening for anyone getting married or considering moving in with someone.

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a a paperback from Amazon and better bookstores.   Anyone who has to deal with issues related to child custody, child access or parenting after separation should rely on both of them for  give easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns.  The book also covers all the other related family law issues, such as child support, spousal support, property division and restraining orders.  To get your copy of the book, click on the picture of the book above and to the left.

The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law, practicing in Toronto.

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 hardship for either the support payer or the recipient.

However, there are set procedures to change support.  It is important to follow them because, in Ontario, support is enforced by the Family Responsibility Office.  Other provinces and some other jurisdictions have similar government agencies.  If the parties do not change support properly, the FRO or other agency may enforce the wrong amount of support.  It may collect too little or too much. In addition, at one parties’ request, it may make the adjustment retroactive and cause serious financial hardship for one side.  All because the parties did not change support properly.

This edition of the Ontario Family Law Podcast explains how changing support is easier and simpler than setting support in the first case - in some cases much easier.  It describes the steps to follow to change support both by agreement and when the parties have a dispute about the amount of support.  Listen to this podcast to find out how to change support properly and avoid problems.

The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law and Divorce Trial Lawyer, mediator, arbitrator and collaborative lawyer, practicing in Toronto at Devry Smith Frank LLP, which is a full service law firm with several excellent lawyers in family law.

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 choosing mediation.  Ontario Law says that is not the case.  In addition, there are many good reasons to get help from a lawyer before, during and after mediation.  This is not just a pitch by lawyers to keep business.  To show why having getting help from a lawyer during mediation is helpful, even essential, we invited Accredited Family Mediator, Todd Slonim, to the podcast to explain.

Mr. Slonim, who is a professional and accredited family mediator conducts mediations both at the Toronto Family Court Mediation Service and privately, explains how parties who have assistance of lawyers find that the mediation goes more smoothly, has better and more creative resolution, and results in a more lasting agreement.    When the parties get help from good family lawyers, they get better results more quickly and at lower cost.  Mr. Slonim explains why that is the case and some of the problems that arise when parties do not have lawyers assist them with preparing for mediation and understanding the mediation process.  From the perspective of a family mediator, Mr. Slonim describes how the involvement of family lawyers, early on, significantly helps the mediation process and leads to better results for the separating or divorcing couples.  Especially in mediations over financial matters, one or both parties not having a lawyer can actually impede the mediation process.  But, in every mediation, lawyers facilitate and expedite the process by ensuring the parties stay focussed on reasonable outcomes.

To assist with understanding the content of this podcast, Mr. Slonim, prepared slides that highlight the points he makes.  Those slides show up on your screen.

Mediation is an excellent process. But it can lead to poor results when the parties do not know what they are doing.  Listen to this edition of the podcast to hear why seeing a family lawyer is essential for getting the best possible results from the family mediation process.

The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law and Divorce Trial Lawyer, mediator, arbitrator and collaborative lawyer, practicing in Toronto at Devry Smith Frank LLP, which is a full service law firm with several excellent lawyers in family law.

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 support.  People look at on-line support calculators and assume that if that calculation shows spousal support owing that there must be support owing.  That is absolutely a mistake.  The Guidelines on which those calculations on based state that you should not even look at those calculations until it is clear that there is entitlement to spousal support.

Entitlement to spousal support is harder to achieve that many people assume.  The Family Law Statutes set out specific tests and circumstances when spousal support is payable, which if not met, means no spousal support.  Entitlement can be established on the basis of contractual obligations, compensatory support or non-compensatory support.  Where entitlement is established, the same considerations affect how much spousal support is paid and for how long.  It is not always correct to assume the midpoint for quantum and duration of spousal support.  Considering all these factors correctly can put a lot more money into the pocket of a separating spouse.  This edition of the Ontario Family Podcast gives an overview of entitlement to spousal support and all these factors. Separating spouses should list to this podcast to make sure that they do not shortchange themselves.

Thousands of people tune into the Ontario Family Law Podcast every month to get valuable pointers on family law, divorce and separation issues that can save them thousands of dollars.  It is also available on iTunes.  The Ontario Family Law Podcast is a companion to this easy-to-understand book on the Basics of Ontario Family Law, which is also available for immediate download as a $9.99 ebook from Amazon (Canada) and Kobo or as and iBook for iPad, iPhone or Mac.  For a more comprehensive explanation of family law issues, and a guide to Ontario’s Family Courts, download a copy, order a copy from Amazon, or request it at your favourite bookstore. 

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 do NOT assume everything is divided 50/50.  Sometimes, property division between common law couples can seem like the Wild West.  In some ways, it is.  This podcast gives an in-depth, comprehensive, explanation of how common law couples can divide their property when the relationship ends, and how they do not.  It also explains other Family Law remedies that can help out when the property division is unfair.

This episode of the podcast is, in part, a live recording of a seminar on the topic of mistakes that common law couples make when separating.  Their are slides that assist with the understanding of some of these complex topics. The “slides” will appear on your screen while you listen. 

Being common law, instead of married, can make property division much more complicated on separation.  One partner may have no entitlement in law to share in anything that the couple accumulated during their relationship. But, the partner who just “walks away” may be giving up too much. If you have, or are about to, separate from your common law spouse, listen to this podcast and then speak to a family law lawyer to determine your rights and obligations in your particular circumstances.

For more information about what it means to be “common law” in Ontario, check out episode #20 of this podcast: “What Living Common Law Means (and What It Doesn’t.”

Thousands of people tune into the Ontario Family Law Podcast every month to get valuable pointers on family law, divorce and separation issues.  It is also available on iTunes.  The Ontario Family Law Podcast is a companion to this easy-to-understand book on the Basics of Ontario Family Law, which is also available as a $9.99 ebook from Amazon (Canada) and Kobo or as and iBook for iPad, iPhone or Mac  For a more comprehensive explanation to family law issues, and a guide to Ontario’s Family Courts, download a copy immediately, or order a copy from Amazon, or request it at your favourite bookstore.

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, it is very easy to give the children’s aid society the wrong impression - making the children protection worker believe you are a child abuser.  Many parents do that unintentionally because they do the wrong things, thinking that interacting with a children’s aid society is like interacting with other government agencies.

In addition, if you say the wrong things to a child protection worker, the police can show up and lay criminal charges.

This podcast goes over some of the essentials of what you need to know when you find out you are being investigated by a children's aid society.  It goes over:

(a)  how to speak to the investigating worker;

(b)  whether to let your children speak to the investigator;

(c)  when you have the right to remain silent;

(d)  how you should answer questions;

(e)  what to sign and what not to sign; and

(f)   when you need to speak to a lawyer.

Listening to this podcast can help you do the best for your children by keeping your family together.

Thousands of people tune into the Ontario Family Law Podcast every month to get valuable pointers on interacting with children’s aid societies, child protection court and family court issues and procedures, and other tips on protecting your children in court.  It is also available on iTunes.  The Ontario Family Law Podcast is a companion to this easy-to-understand book on the Basics of Ontario Family Law, which is also available for as a $9.99 ebook from Amazon (Canada) and Kobo or as and iBook for iPad, iPhone or Mac  For a more comprehensive explanation to family law issues, and a guide to Ontario’s Family Courts, download a copy immediately, or order a copy from Amazon, or request it at your favourite bookstore.

The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law and Divorce Trial Lawyer, mediator, arbitrator and collaborative lawyer, practicing in Toronto at Devry Smith Frank LLP, which is a full service law firm with several excellent lawyers in family law.

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 discusses:

- getting help

- the response by authorities - both police and children’s aid societies

- restraining orders

- family mediation where there is domestic violence, and 

- how to get help from a family lawyer, even if your partner is controlling all the money.

This episode will be of great assistance to people in violent relationships and it will complement the information available from shelters, domestic abuse counsellors, therapists, distress lines, the police, and other agencies that are available to assist people in fleeing domestic violence to protect themselves and their children.

Thousands of people tune into the Ontario Family Law Podcast every month to get valuable pointers on family law, divorce and separation issues.  It is also available on iTunes.  The Ontario Family Law Podcast is a companion to this easy-to-understand book on the Basics of Ontario Family Law, which is also available as a $9.99 ebook from Amazon (Canada) and Kobo or as and iBook for iPad, iPhone or Mac  For a more comprehensive explanation to family law issues, and a guide to Ontario’s Family Courts, download a copy immediately, or order a copy from Amazon, or request it at your favourite bookstore.

The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law and Divorce Trial Lawyer, mediator, arbitrator and collaborative lawyer, practicing in Toronto at Devry Smith Frank LLP, which is a full service law firm with several excellent lawyers in family law.

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 pay tens of thousands, if not hundreds of thousands of dollars to support the other spouse – and that is before there is any discussion of spousal support or child support.

This edition of the podcast features noted immigration lawyer and head of the immigration law group at Devry Smith Frank, Asher Frankel.  He explains the immigration law consequences of relationship break down. Specifically, he looks at the effect of the separation on the Sponsorship Undertaking and on Conditional Permanent Residence status. As part of this presentation, Asher explains what the definition of “common-law relationship” is under Canadian Immigration Law, and what significance it has for people who are immigrating to Canada.  Asher as prepared slides, which will show up on your screen.

Thousands of people tune into the Ontario Family Law Podcast every month to get valuable pointers on family law, divorce and separation issues.  It is also available on iTunes.  The Ontario Family Law Podcast is a companion to this easy-to-understand book on the Basics of Ontario Family Law, which is also available as a $9.99 ebook fromAmazon (Canada) and Kobo or as and iBook for iPad, iPhone or Mac  For a more comprehensive explanation to family law issues, and a guide to Ontario’s Family Courts, order a copy from Amazon, or request it at your favourite bookstore.