A separation agreement or court order sets out decisions on matters such as financial support, child custody and property division after separation or divorce. What happens if one party – or both – no longer agrees with the terms and wants a change?
The festive season has arrived, the kids will soon take winter break, and many families will depart for trips across provincial and national borders. It’s a wise time to review a few basics on post-separation travel with the kids. Failure to stay within applicable parameters could land a parent in legal hot water – along with extra time, expense and inconvenience of being delayed or even blocked from travel by border guards.
Over the last few weeks, we’ve traveled the road down a traditional court divorce case – from filing an application to attending conferences. At any point along this trajectory, an ex-couple can avert a trial by ironing out any remaining differences and setting their terms down in writing. Failing that, the case moves into the courtroom for the actual trial and its fate falls into the hands of a judge.
If North American trends are accurate this year, once Christmas is finished, couples in conflict will quickly move into the January high season for divorce. Our post this week is, therefore, timely. Over the last six weeks, we've provided a quick tour of the trajectory that contested divorces take while moving through the court system. This week, we discuss the next steps in the process: the first court date and the various conferences that follow.
It’s week five in our series explaining the nuts and bolts of traditional court divorce. After starting the case and serving documents, there’s one other preliminary before the case can move forward: attendance at a Mandatory Information Program (MIP).
This week, our blog continues a mega-series on the basics of court divorce. Our last post looked at one of the first steps in the process - in which one party serves documents to his or her ex-partner. The applicant in the case officially informs the other side - the respondent - of what he or she is asking a judge to decide on. Documents and information are disclosed, and the former party can then decide how to respond to the applicant's claims. What happens next?
This post is third in an ongoing series in which we look at some of the basics of traditional court divorce. Last week, we talked about the various courts in Ontario that deal with family law issues. Once one of the partners decides on a court and starts a case, the next step is to “serve” the claim.
Last week, we started the first in a series of blog posts aimed at uncovering the basics of traditional court divorce. We’ve already looked at why some families choose litigation over out-of-court methods. This week, we discuss the various courts that handle divorce and why it’s important to choose the right one.
Over the last few weeks, our blog posts have looked at various alternative dispute resolution (ADR) methods for resolving family law matters. When these out-of-court forums fail, asking a judge to decide is usually the last option. This week, we begin a new series to uncover the rules and processes of going to court to settle legal issues arising from a relationship breakdown.
Over our last few posts, we’ve been discussing alternative dispute resolution in family law. ADR methods often produce a similar net result: ending disputes without the typically higher financial costs, time expenditure and emotional stresses of court litigation. This week, we end our series with two methods that fuse some of the benefits of negotiation, mediation and arbitration put together.