Binding Judicial Dispute Resolution

September 6, 2022

Ottawa is one of the sites for a pilot project involving Binding Judicial Dispute Resolution. This alternative dispute resolution process provides an opportunity for parties in litigation to consent to their matter being decided by a judge, but on a summary basis, at a hearing scheduled for 3 hours or less. JDR is an effort…

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Automatic Orders for Financial Disclosure in Family Court

September 6, 2022

As of February 1, 2022, the Ottawa family court began issuing automatic orders as soon as an Application is issued in claims involving property or support. This Order requires the party responding to the Application to serve a list of stipulated financial disclosure within 30 days. The Order is made under the new s. 8.0.1…

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Child Custody - Ottawa, Ontario Family Lawyers

When people separate with young children, it can be difficult to negotiate a workable custody and access schedule, particularly if both parties are not planning on residing in the same city, or where the relationship has broken down to such an extent that workable co-parenting is not realistic.

There is no legal presumption in favour of shared physical custody in Ontario. So, while some couples might think that it’s the norm for parents to share 50/50 custody, with the children essentially splitting time between each household, custody and access decisions are based solely on the best interests of the child. For various reasons, a time sharing arrangement may not be in the best interests of the child, even if it’s what one or both parents want. If parents have a particularly acrimonious relationship post separation, it’s hard to see how a child splitting equal time between them- with all the ongoing communication and compromise that would be required- could be in their best interests.

To be distinguished from time sharing, joint custody refers to equal decision-making of both parents in the areas of education, health care and religion.

Most non-custodial parents will be entitled to exercise access if the child is living primarily with the other parent. Access every other weekend, one or two mid-week visits, and one-half of all holidays and vacation time would be a standard access arrangement. Although there are certain common law principles that will guide a judge’s decision in custody and access cases, these cases are very fact driven. Access might be more limited than is customary if the parent has mental health or other issues which prevent them from having a positive relationship with the child.

A separation agreement will detail all the particulars of a custody and access arrangement including drop off and pick up times, when telephone calls can be made, the dividing up of all annual holidays and birthdays, what activities the children can be involved in, and so on. Because there is no limit to what separated parents can disagree on, it’s worthwhile to itemize as many issues as possible in the separation agreement in order to minimize future problems.

Clients often want to know what custody and access schedule will govern until there is a temporary agreement or court order in place. Without anything in writing, or a court order, both parties have equal rights with respect to custody and access. Courts generally want the parties to maintain the status quo until the trial date. However, it’s not always easy to ascertain the status quo in the period immediately following a separation. If a stay at home parent retains primary physical custody of young children after separation, the status quo is being maintained because the children retain their primary caregiver. However, if you have two parents who are both equally involved in caring for their child, shared custody might be more in keeping with what that child is accustomed to, notwithstanding that one parent might refuse to entertain the idea of shared custody, even on an interim basis.

Once there is a final court order on custody and access in place, it can only be varied on the basis of a material change in circumstances. This material change could include one of the parties relocating and moving to another city, a child becoming older, or a child developing different needs.

Family Law

Separation Agreements

When people are contemplating divorce, the goal is to negotiate a mutually-acceptable separation agreement between spouses which addresses outstanding issues.

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Uncontested Divorce

Divorce is usually the final step in the separation process. It happens after the separation agreement is negotiated and signed, or after a final order.

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Property Division

When married people separate, both spouses are entitled to an equalization of the net family property. Marriage is considered a financial partnership.

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Litigation is expensive, contentious and highly emotional. Litigation may be necessary if the alternative means that you don’t have any chance of getting what you’re entitled to.

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Child Support

Parents in Ontario have an obligation to financially support their children. The amount payable is determined in accordance with the federal Child Support Guidelines.

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Spousal Support

Spousal support, also known by the American term ‘alimony’, refers to ongoing maintenance given to a spouse which is either for an indefinite, or fixed, term.

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Unbundled Services

With the cost of legal services- particularly litigation- being so high, it’s not always possible to be able to afford full representation from a lawyer throughout your case.

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Child Custody

When people separate, it can be difficult to negotiate a workable custody and access schedule, particularly if both parties are not planning on residing in the same city.

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Why use me as your lawyer?

I'm a lawyer representing clients in Kanata, Nepean, and the west-end of Ottawa.

Kerry Fox, LL.B.
Barrister & Solicitor

90 Centrepointe Dr,
Nepean, ON K2G 6B1

Tel: (613) 224-4400
Fax: (613) 226-8767

Hours & Information

There is plenty of free parking located at the back of the building.

Monday to Friday
8:30AM - 5:00PM
I also have Saturday appointments available.