Mississauga Spousal Support & Child Custody
SPOUSAL SUPPORT & CHILD CUSTODY IN MISSISSAUGA
SPOUSAL SUPPORT – MISSISSAUGA FAMILY LAWYERS
Spousal support is financial support provided by one spouse to the other. The purpose of spousal support is to recognize the contributions that each party has made during the course of the relationship, to relieve financial hardship, promote economic self-sufficiency, and share the costs of caring for the children involved in the relationship.
There is no predetermined amount of spousal support. Parties can determine the amount of support in a separation agreement or by court order. In determining the amount of support, the court will consider the length of cohabitation, the roles of each spouse, and any order or agreements made by the parties.
How Does Child Support Work?
In Ontario, the Divorce Act and Family Law Act set out eligibility for spousal support. Generally speaking, spousal support may be available to a spouse who entered into a valid legal marriage, to someone in an unmarried relationship but where both persons have lived together for at least three years, and to someone in an unmarried relationship but where both persons are parents of a biological or adopted child. If you are considering making claim for spousal support, our lawyers will discuss your options with you.
If you already have a temporary or final order for spousal support, but wish to vary the amount, you may be able to do so. Orders for spousal support can be varied or set aside, depending on the circumstances. If you are the payor or payee, and are looking to vary or set aside an order for spousal support, we recommend consulting with one of our lawyers to assess and prepare your claim.
CHILD PROTECTION ORDERS
How Does It Work?
Child protection cases are serious matters with potentially devastating consequences. If you have become involved with the children’s aid society it is important that you contact a lawyer right away.
In Ontario, child protection services are carried out by children’s aid societies (CAS) and are governed by the Child and Family Services Act. The CAS has the power to investigate cases of child abuse or neglect and to remove a child from your care where they believe the child is in need of protection.
If CAS has apprehended your child, be aware that child protection proceedings can move fast. The first court appearance will occur within 5 days from the date the child was taken. A lawyer can help you prepare for the first appearance and explain your rights and responsibilities.
During child protection hearings, the court will consider what is in the best interest of the child. If the court concludes that a child requires protection, it will make an order to that effect. Types of orders that the court may make include, but are not limited to, CAS supervision of the child, CAS or Crown custody of the child with, or without, parental access.
Once you have decided that a separation or divorce is the course of action you wish to take, or you have been petitioned for a divorce, you will need to consider making important decisions on the following changes that will take place:
We Can Help You…
- Review your case
- Correspond with CAS and OCL
- First Appearance
- Answer and Plan of Care
- Temporary Care & Custody Hearing
- Trial or Hearing
- Representation during Protection Proceedings
- Status Review Applications
Office of the Children’s Lawyer
It is important that you have a lawyer represent you during any child protection proceeding in order to put forth the strongest case possible and to ensure that your rights and the best interests of your child are represented.
CHILD CUSTODY AGREEMENT LAWYERS
A child custody agreement is a written document outlining custody and access arrangements as well as parents’ day-to-day responsibilities. It is voluntary as both parties agree to terms of the document, and is not legally binding unless the parties submit it as an order on consent.
Planning a custody agreement can unearth a lot of emotions and can be a source of conflict for the parents. A lawyer can simplify the process and act as a mediator between parties. A properly drafted parenting plan will facilitate access and avoid conflict while providing certainty and continuity for parents and children.
Parties can enter into a custody agreement at any time before or during legal proceedings. Our lawyers are available to help you create a comprehensive custody agreement with your children’s best interests in mind. We are skilled in drafting child custody agreements meaning that you can relax and focus on what is most important, spending quality time with your children.
Helping You Plan The Details
The substantive content of a child custody agreement will include information about:
- Custody of the child or children
- Pick-up and drop-off schedule and locations
- Arrangements for holidays, birthdays, and vacations
- Medical arrangements
- Parental responsibilities such as doctors visits, parent teacher meetings, extracurricular activities,
- Decisions with respect to upbringing such as religion, education, and dietary requirements or restrictions
- Outline agreed modes of communication between parties
- Notification for changes to the access schedule
- A mechanism for any changes to the agreement