When is Mediation Necessary?

Why Separated or Divorced Parents Should Start Planning Summer Now

Tue, 31 Mar 2026 11:55:47 GMT

When you’re navigating separation or divorce with children, summer break can feel like both a gift and a logistical challenge. While the longer days and relaxed schedules are something kids look forward to, they also require thoughtful coordination between parents. That’s why spring is the perfect time to start planning ahead—before calendars fill up and conflicts arise.

If you’re unsure where to begin, speaking with an experienced family law professional like Angela at Grant Lee Law can help you avoid common pitfalls and ensure your plans are in line with your legal agreements.

1. Avoid Last-Minute Conflicts

Summer schedules can get complicated quickly. Camps, vacations, family events, and even work obligations all need to be considered. If both parents wait until June to start planning, it often leads to misunderstandings or disputes.

By starting in the spring:

● You can align on vacation dates early

● Book camps or childcare before they fill up

● Ensure both parents have quality time with the children

Planning ahead reduces stress—not just for you, but for your kids as well.

2. Stay Within Your Parenting Agreement

Many separation agreements or court orders outline how parenting time is divided during holidays and summer months. However, these agreements can sometimes leave room for interpretation—or may no longer reflect your current situation.

This is where guidance from someone like Angela at Grant Lee Law becomes invaluable. She can help you:

● Interpret your existing agreement

● Make adjustments if circumstances have changed

● Avoid unintentionally violating legal terms

Being proactive now can prevent legal complications later.

3. Put Your Children First

Summer should be a time for kids to relax, have fun, and make memories—not feel caught between parents. Early planning allows you to create a schedule that prioritizes their needs.

Consider:

● Maintaining some consistency in routines

● Allowing time for friendships and activities

● Ensuring smooth transitions between households

When both parents collaborate early, children benefit from a more stable and enjoyable summer .

4. Budget and Financial Planning

Summer activities can be expensive—especially camps, travel, and childcare. Planning in advance gives you time to:

● Discuss how costs will be shared

● Budget for major expenses

● Avoid financial disagreements

Clear communication now can prevent tension later, especially if finances are already a sensitive topic.

5. Flexibility Is Easier When You Start Early

Even with the best intentions, plans can change. Work schedules shift, opportunities come up, and unexpected events happen. When you start planning in the spring, you leave room for flexibility.

You’re more likely to:

● Accommodate each other’s requests

● Make adjustments without conflict

● Keep communication positive and cooperative

Last-minute changes, on the other hand, often lead to stress and disagreement.

6. Reduce Stress for Everyone

Let’s be honest—co-parenting isn’t always easy. But having a clear summer plan in place can significantly reduce anxiety for both parents.

You’ll know:

● Where your children will be and when

● What activities are planned

● How responsibilities are divided

That clarity creates peace of mind and helps you focus on enjoying the season rather than managing conflict.

It may only be spring, but when it comes to co-parenting after separation or divorce, early planning is one of the best things you can do for your family. A well-organized summer benefits everyone—especially your children.

If you’re facing uncertainty or need help navigating the legal side of things, reaching out to Angela at Grant Lee Law can provide clarity, guidance, and peace of mind.

Starting now means fewer surprises later—and a smoother, more enjoyable summer for all involved.

Amicable Divorce Agreement

Fri, 27 Feb 2026 21:59:48 GMT

Reaching a divorce agreement doesn’t have to mean going to war. While emotions naturally run high during the end of a marriage, an amicable divorce is not only possible — it’s often healthier, faster, and far less expensive for everyone involved.

At Grant Lee Law, we believe that respectful negotiation and thoughtful legal guidance can help couples move forward with dignity and clarity.

Here’s how you can work toward an amicable divorce agreement.

1. Shift the Goal: Resolution, Not “Winning”

Divorce is not about defeating your spouse — it’s about reaching a fair resolution that allows both parties to move forward.

An amicable agreement focuses on:

● Fair division of assets and debts

● Practical parenting arrangements

● Financial stability for both parties

● Minimizing long-term conflict

When both sides commit to cooperation, the process becomes more productive and less emotionally draining.

2. Communicate Clearly — and Calmly

Open, respectful communication is the foundation of an amicable divorce. This doesn’t mean you have to agree on everything. It means you commit to:

● Listening without interrupting

● Avoiding personal attacks

● Focusing on solutions instead of past grievances

If direct communication is difficult, your attorney can help facilitate productive discussions while keeping negotiations constructive.

3. Be Transparent About Finances

Financial disputes are one of the most common sources of conflict in divorce. Full transparency about income, assets, debts, and expenses builds trust and prevents delays.

Prepare documentation for:

● Bank accounts

● Retirement accounts

● Property and real estate

● Business interests

● Debts and liabilities

Honesty early in the process prevents costly disputes later.

4. Put Children First

If children are involved, their well-being should guide every decision.

An amicable parenting agreement should prioritize:

● Stability and consistency

● Meaningful time with both parents

● Clear schedules and expectations

● Reduced exposure to conflict

When parents focus on the best interests of their children rather than personal differences, long-term co-parenting becomes much easier.

5. Consider Mediation

Mediation is often an effective way to resolve disputes without litigation. A neutral third party helps guide discussions and explore compromises.

Benefits of mediation include:

● Lower legal costs

● Greater control over the outcome

● Faster resolution

● Reduced stress

Many couples find mediation to be empowering because they craft their own agreement rather than leaving decisions to a judge.

6. Work With an Experienced Family Law Attorney

Even in an amicable divorce, legal guidance is essential. An attorney ensures:

● Your rights are protected

● Agreements are legally sound

● Important details are not overlooked

● Court filings are handled properly

At Grant Lee Law, we guide clients through respectful negotiation while protecting what matters most. Our approach focuses on practical solutions, efficient resolution, and reducing unnecessary conflict.

7. Stay Future-Focused

Divorce marks the end of one chapter — not your entire story. When you approach negotiations with a long-term mindset, you’re more likely to reach solutions that truly serve your future.

Ask yourself:

● What do I need to feel secure moving forward?

● What outcome will allow both of us to rebuild?

● How can we prevent ongoing conflict?

An amicable divorce is an investment in peace — for you, your former spouse, and especially your children.

Moving Forward with Confidence

Reaching a divorce agreement amicably requires patience, cooperation, and skilled legal guidance. With the right support, it is entirely possible to protect your interests while maintaining respect and dignity throughout the process.

If you’re considering divorce and want a smoother path forward, Grant Lee Law is here to help you navigate the process with clarity and confidence.

Property Division: What You Need to Know

Sat, 31 Jan 2026 02:35:58 GMT

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Gift Giving While Co-Parenting

Mon, 15 Dec 2025 20:26:43 GMT

The holiday season often brings a whirlwind of excitement, family gatherings, and cherished traditions. For co-parents, it can also introduce a unique set of challenges. One of the most common sources of stress is gift-giving. Coordinating with your former spouse about Christmas gifts for your children is not just a good idea—it's a crucial step toward creating a peaceful and joyful holiday experience for everyone involved.

This guide will walk you through the key benefits of discussing gifts with your co-parent. You will learn how this simple act of communication can help avoid common pitfalls, set a positive example for your children, and reduce holiday stress. By working together, you can ensure the focus remains on what truly matters: your child's happiness.

Why Communication is the Greatest Gift

While you are no longer a couple, you remain a parenting team. Approaching the holidays with a collaborative mindset demonstrates respect and unity, which benefits your child immensely. A short conversation about presents can prevent misunderstandings and ensure the holidays are memorable for all the right reasons. Let's explore the practical advantages of this approach.

Avoid the Duplication Trap

Imagine the look on your child's face when they unwrap the exact same video game or doll at both houses. While it may seem like a minor issue, duplicate gifts can create confusion and subtly send the message that their parents are not communicating. It also means your money and effort could have been better spent on providing a wider variety of presents.

By simply sharing your gift ideas, you can avoid this scenario. A quick text, email, or phone call to check in before you start shopping ensures your child receives a diverse range of items they will love. This doesn't mean you need to plan every single gift together, but coordinating on the "big ticket" items can make a significant difference. A shared digital wishlist or a simple running list can be an effective tool to keep track of what has been purchased.

The Importance of Setting a Spending Limit

Finances are often a sensitive topic, and this can be amplified during the holidays. When one parent significantly outspends the other, it can lead to feelings of inadequacy, competition, or resentment. This financial pressure is unhealthy for the co-parenting relationship and can inadvertently make the child feel caught in the middle.

Agreeing on a reasonable spending limit helps level the playing field. It ensures that neither parent feels pressured to overspend to "keep up." This conversation isn't about rigid accounting but about creating a sense of fairness and shared responsibility. It also teaches your child a valuable lesson: the spirit of giving is not measured by price tags. When children see their parents aligned on financial matters, it reinforces stability and shows them that thoughtful giving is more important than extravagant spending.

Promote a United Front of Teamwork

Children thrive on consistency and security. Seeing their parents work together as a team, even after a separation, is a powerful and reassuring message. Collaborating on holiday gifts shows your child that their well-being is your top priority. It models effective communication and problem-solving, skills that will serve them well throughout their lives.

This teamwork extends beyond just avoiding duplicate gifts. You might decide to pool your resources for one larger, more significant present that neither of you could manage alone. This act of partnership can be incredibly meaningful for a child, reinforcing the idea that they are loved and supported by a united front. Remember, your child’s emotional security is deeply connected to the health of your co-parenting relationship. A collaborative approach to the holidays strengthens that foundation.

Reduce Holiday Stress for Everyone

The holiday season is already packed with to-do lists, events, and expectations. Adding conflict with your co-parent to the mix only creates unnecessary stress for you and your child. Proactive communication about gifts eliminates last-minute surprises, arguments over spending, and the tension that comes from uncertainty.

When you have a plan, you can relax and enjoy the season. You won't have to worry if your gift will be overshadowed or if a misunderstanding will lead to an argument on Christmas morning. This peace of mind is invaluable. By addressing potential issues ahead of time, you free up emotional energy to focus on creating positive memories with your child. A stress-free parent contributes to a stress-free holiday atmosphere, which is the best gift you can give your family.

When Communication Breaks Down

Ideally, every co-parenting conversation would be smooth and productive. However, reality can be more complicated. If discussing holiday arrangements, gifts, or other co-parenting matters consistently leads to conflict, it may be time to seek professional guidance. Disagreements over finances, parenting time during the holidays, or general communication can become overwhelming.

If you find yourself unable to reach an agreement, help is available. Angela at Grant Lee Law specializes in family law and is experienced in helping parents navigate the complexities of co-parenting. She can provide mediation services or legal advice to help you find common ground and establish clear, effective strategies for handling the holidays and beyond. Reaching out for support is a sign of strength and a commitment to your child's well-being.

Create a Harmonious Holiday Season

Coordinating Christmas gifts with your former spouse is a small effort that yields significant rewards. It helps you avoid duplicates, manage finances fairly, present a united front, and reduce overall holiday stress. By prioritizing open communication and collaboration, you set a powerful example for your child about respect, teamwork, and the true spirit of the season.

Your goal is to create a loving and stable environment for your child, and that doesn't stop during the holidays. A little planning goes a long way in ensuring the season is filled with joy, not tension. Remember to approach the conversation with a positive and practical mindset, always keeping your child's happiness as the central focus.

How to Prepare for Divorce and Custody Mediation

Sun, 30 Nov 2025 08:15:36 GMT

Mediation can be a constructive path forward when navigating a divorce or custody case. It offers a private, less adversarial setting to resolve disputes compared to a traditional court battle. However, walking into mediation unprepared can lead to frustration, stalled progress, and an unfavorable outcome. Treating it as a formal and significant step in your legal journey is the key to success.

This guide will walk you through how to prepare effectively for your mediation session. We will cover the essential documents you need, how to define your goals, and the mindset required for a productive conversation.

Why Preparation is Your Greatest Asset

Many people mistakenly believe they can simply show up and talk things through. This approach rarely works. Mediation is a structured negotiation, and the person who is better prepared often has a distinct advantage.

Being prepared accomplishes several things:

● It builds confidence: Knowing your facts, figures, and priorities reduces anxiety and helps you communicate clearly.

● It saves time and money: When both parties are organized, the mediator can focus on finding solutions instead of spending billable hours sorting through disorganized information.

● It demonstrates seriousness: A well-prepared party shows the mediator and the opposing side that they are invested in reaching a fair agreement.

● It protects your interests: Preparation ensures you don’t forget a crucial asset, overlook a potential debt, or agree to a parenting plan that isn’t feasible.

Step 1: Gather Your Essential Documents

Your arguments and proposals must be backed by evidence. Start collecting and organizing your financial and personal documents well before the mediation date. Having these papers on hand allows you to answer questions accurately and support your position with facts, not just feelings.

Financial Documentation

Create a comprehensive file of your financial life. This should include:

● Proof of Income: Recent pay stubs, W-2s, or 1099s for the last two to three years. If you are self-employed, gather your business profit and loss statements.

● Tax Returns: At least three years of personal and business tax returns.

● Bank Statements: Statements for all checking and savings accounts for the past year.

● Retirement and Investment Accounts: Recent statements for 401(k)s, IRAs, pensions, and brokerage accounts.

● Property Information: Deeds, mortgage statements, and property tax bills for any real estate. Include recent appraisals if available.

● Debt Statements: Documents for credit cards, car loans, student loans, and any other personal or joint debts.

● Major Asset Valuations: Appraisals or estimates for valuable items like art, jewelry, or collectibles.

Custody-Related Documentation

If child custody is part of your mediation, gather information related to your children's lives.

● Children’s Schedules: School, extracurricular activities, and regular appointments.

● Child-Related Expenses: A detailed list of costs for childcare, health insurance, school tuition, sports, and other activities.

● Communication Records: Relevant emails or text messages that illustrate co-parenting successes or challenges.

● Proposed Parenting Plan: A written outline of your ideal custody schedule, including holidays and vacations.

Step 2: Define Your Priorities and Goals

You cannot get what you want if you do not know what it is. Before mediation, take time for honest self-reflection. What are your absolute must-haves, and where are you willing to be flexible?

Create a "Best, Acceptable, and Worst" Case Scenario List

Think about each major issue—asset division, alimony, child support, parenting time—and outline three potential outcomes:

● Best Case: Your ideal, most desired outcome.

● Acceptable Case: A compromise you can live with, even if it's not perfect.

● Worst Case: Your absolute bottom line, the point beyond which you would rather go to court.

This exercise helps you identify your non-negotiables and areas where you can compromise. It transforms a vague sense of want into a concrete negotiation strategy. For example, staying in the marital home might be your "best case," but an "acceptable case" might be receiving a larger share of retirement assets to secure new housing.

Step 3: Adopt the Right Mindset

Your attitude is just as important as your paperwork. Mediation is not about winning or losing; it is about finding a mutually agreeable solution.

Be Open to Compromise

Both parties will need to give something up to reach a resolution. If you enter the room with a winner-take-all mentality, you are setting the stage for failure. Focus on finding common ground and creative solutions that address both your needs and the other party's needs.

Manage Your Emotions

Divorce and custody discussions are emotionally charged. While your feelings are valid, letting anger or resentment drive your decisions will sabotage the process. Practice staying calm and focus on the facts. If you feel overwhelmed, it is okay to ask the mediator for a short break to collect yourself.

Listen Actively

Pay attention to what the other party is saying. You might hear an underlying interest or a new idea that opens the door to a solution you hadn't considered. Listening does not mean you agree, but it shows respect and fosters a more cooperative atmosphere.

Seek Professional Guidance

Navigating mediation alone can be daunting. Having an experienced family law attorney on your side provides invaluable support. An attorney can help you understand your legal rights, prepare your financial disclosures, and develop a sound negotiation strategy.

For those in our community, Janet Grant-Lee at Grant Lee Law is a trusted resource who specializes in helping clients prepare for and navigate the mediation process. An attorney can advise you on what constitutes a fair settlement and ensure the final agreement is legally sound and protects your future.

Set Yourself Up for Success

Mediation offers a powerful opportunity to shape your future on your own terms. By investing time in thorough preparation—gathering documents, clarifying your priorities, and adopting a cooperative mindset—you significantly increase your chances of reaching a durable and fair agreement. This preparation empowers you to negotiate from a position of strength and clarity, turning a challenging process into a constructive step toward your new beginning.

Plan Holiday Visitation Early

Wed, 29 Oct 2025 05:55:53 GMT

The holiday season is often painted as a time of joy, family, and cherished memories. For co-parents, however, it can become a source of significant stress and conflict without a proper plan. Navigating shared time with children during this busy period requires foresight and cooperation. By planning your holiday visitation schedule well in advance, you can protect your children from emotional strain and ensure the season remains a positive experience for everyone.

Waiting until the last minute to decide who gets the children for Thanksgiving dinner or Christmas morning often leads to arguments and disappointment. This uncertainty creates a tense environment that children can easily sense. Proactive planning transforms a potentially contentious situation into a structured, predictable, and calm arrangement. This guide offers practical tips for creating a holiday schedule that prioritizes your children's well-being and minimizes conflict.

The High Cost of Last-Minute Holiday Planning

Procrastinating on holiday visitation schedules does more than just create logistical headaches; it can have a real emotional impact on your children. When parents are stressed and arguing, kids often feel caught in the middle. They may experience anxiety, guilt, or sadness, worrying that they are the cause of the conflict. This emotional weight can overshadow the excitement and joy that should define the holiday season.

Last-minute decisions also rob children of the ability to anticipate and look forward to their holiday plans. They may not know where they will be sleeping or which parent they will be celebrating with until a few days before. This lack of stability can be unsettling. A clear, early plan gives them a sense of security and allows them to get excited about celebrating with both sides of their family.

For parents, rushed negotiations often result in unfair compromises made under pressure. One parent might feel they "lost" a particular holiday, leading to resentment that can spill over into future co-parenting interactions. Planning early allows for thoughtful discussion and more equitable solutions that consider everyone's wishes and traditions.

Practical Tips for Stress-Free Holiday Schedules

Creating a successful holiday visitation plan is achievable with the right approach. Focus on communication, flexibility, and putting your children's needs first.

Start the Conversation Early

Don't wait until November to discuss December holidays. The best time to start planning is right now—or at least several months in advance. An early start removes the time pressure and allows for calm, rational conversations. You can put dates on the calendar and begin making travel arrangements or other plans without the stress of a looming deadline.

Consider setting a specific date each year, perhaps in late summer, to finalize your holiday schedule. Treating it as a routine part of your co-parenting responsibilities helps normalize the process and reduces the chances of it becoming a heated debate.

Prioritize Your Children's Well-Being

When negotiating the schedule, the central question should always be: "What is best for our children?" This may mean letting go of your own personal desires or traditions. While it might be important for you to have the children on Christmas morning, it might be less stressful for them to stay in one home rather than being shuffled back and forth.

Consider their ages, temperaments, and holiday wishes. If they are old enough, ask for their input in a neutral way, without making them feel like they have to choose a side. Their happiness and emotional stability should be the ultimate goal of any plan you create.

Be Clear, Specific, and Flexible

A vague plan is a recipe for future conflict. Your agreement should be as detailed as possible. Define exact dates and times for pickups and drop-offs. Specify which parent has which holiday in a given year. Common arrangements include:

Alternating Holidays: One parent has the children for Thanksgiving and the other for Christmas, switching each year.
Splitting the Holiday: One parent has the children for Christmas Eve and the other for Christmas Day.
Sharing the Day: Parents who live close by and have an amicable relationship might choose to spend a portion of the holiday together with the children.

While it's important to be specific, it's also crucial to remain flexible. Unexpected things can happen—a family member gets sick, or a special opportunity arises. Being willing to accommodate reasonable requests from your co-parent can build goodwill and make future negotiations easier.

When to Seek Legal Guidance

Even with the best intentions, some co-parents struggle to reach an agreement on their own. If discussions repeatedly break down into arguments, or if one parent is unwilling to cooperate, it may be time to seek professional help. A family law attorney can provide clarity on your rights and obligations and help mediate a fair resolution.

A lawyer can assist in drafting a formal parenting plan that includes a detailed holiday schedule. This legally binding document removes ambiguity and provides a clear framework for years to come, preventing the same arguments from resurfacing each holiday season. Getting legal advice is not about "winning" against the other parent; it's about finding a stable, lasting solution that serves the best interests of your children.

Create a Peaceful Holiday for Your Family

Planning ahead is the single most effective tool for reducing holiday stress in a co-parenting relationship. It fosters a stable and predictable environment for your children, allowing them to enjoy the season without worry or anxiety. Open communication and a focus on your children's needs are key to crafting a schedule that works for everyone.

If you are struggling to create a fair and stress-free holiday visitation plan, you don't have to navigate it alone. For expert legal guidance and compassionate support, we recommend contacting Angela at Grant Lee Law . She can help you establish a clear and enforceable agreement that protects your children's happiness and allows your family to focus on what truly matters: creating joyful holiday memories.

Do Grandparents Have Visitation Right?

Tue, 30 Sep 2025 12:50:10 GMT

The bond between a grandparent and a grandchild is special. For many, it's a relationship filled with love, wisdom, and cherished memories. However, when family dynamics shift due to separation, divorce, or other disputes, grandparents can find themselves uncertain about their role and their ability to see their grandchildren. This often leads to a pressing question: do grandparents have legal visitation rights in Ontario?

While the law prioritizes the rights of parents, it also recognizes the significant role grandparents can play in a child's life. This post will explore the legal framework for grandparents' rights in Ontario, explain the court's approach to these matters, and offer practical steps for those seeking to maintain their precious family connections.

Understanding Legal Terminology: Custody vs. Access

Before diving into grandparents' rights, it's important to understand the legal terms used in Ontario family law. The terms "custody" and "access" from the federal Divorce Act have been updated in Ontario's Children's Law Reform Act (CLRA).

● Decision-Making Responsibility: This replaces "custody" and refers to the right to make significant decisions about a child’s upbringing, including their health, education, and religious instruction.

● Parenting Time: This term replaces "access" for parents and describes the time a child spends in a parent's care.

● Contact: This is the key term for non-parents, including grandparents. A contact order grants a person time with a child. It does not give them the rights and responsibilities of a parent.

For grandparents, the legal goal is typically to secure a contact order, which legally outlines their time with their grandchildren.

The Legal Basis for Grandparents’ Rights in Ontario

In Ontario, grandparents do not have an automatic or guaranteed right to see their grandchildren. Unlike parents, their rights are not presumed. However, the law provides a pathway for them to seek a court order for contact.

The primary piece of legislation governing this is Ontario's Children's Law Reform Act. Section 21 of the CLRA states that "a parent of a child or any other person... may apply to a court for an order respecting decision-making responsibility for or contact with the child."

The phrase "any other person" is significant because it explicitly includes grandparents. This means you have the legal standing to bring an application to the court for a contact order.

The Best Interests of the Child: The Court's Top Priority

When a grandparent applies for a contact order, the court’s decision will be based entirely on one guiding principle: the best interests of the child. The judge will not focus on the grandparent's desires or the parents' wishes, but rather on what arrangement best supports the child's physical, emotional, and psychological well-being.

To determine the child’s best interests, the court considers several factors outlined in the CLRA, including:

● The love, affection, and emotional ties between the child and the person applying for contact.

● The child’s views and preferences, if they can be reasonably ascertained.

● The length of time the child has lived in a stable home environment.

● The ability and willingness of the applicant to provide the child with guidance, education, and the necessities of life.

● Any history of family violence or criminal conduct.

● The relationship between the applicant and the child’s parents.

A judge will carefully weigh these factors to decide if maintaining the relationship with the grandparent is beneficial for the child.

What Does the Court Look for in Grandparent Contact Cases?

Simply being a grandparent is not enough to secure a contact order. You must demonstrate to the court that a continued relationship is in your grandchild’s best interests.

Courts are generally more likely to grant a contact order if:

1. A Strong Pre-Existing Bond Exists: If you have been a consistent and positive presence in your grandchild’s life, a court will be more inclined to preserve that relationship. Evidence of frequent visits, shared activities, and a close emotional connection is very persuasive.

2. The Parental Objection is Unreasonable: The court respects the right of parents to make decisions for their children. However, if a parent is denying contact for reasons that seem unreasonable or contrary to the child’s well-being (for example, due to a personal conflict with you that doesn’t involve the child), a judge may intervene.

3. The Contact Will Not Disrupt the Child's Life: The court is careful not to undermine the parents' authority or create conflict in the child’s home. Your proposed contact plan should be reasonable and not interfere with the child's daily routines, schooling, or parental schedules.

A landmark case, Chapman v. Chapman, established that courts should be cautious about interfering with a parent's decision-making unless the parent's choice is shown to be harmful to the child. The decision to deny contact must be contrary to the child's best interests for a court to step in.

Practical Steps for Grandparents Seeking Contact

Navigating a family law dispute is emotionally taxing. If you find yourself in this difficult situation, here are some practical steps to consider.

1. Try to Communicate First

Before resorting to legal action, try to resolve the issue directly with the parents if possible. Open, respectful communication can sometimes mend fences and lead to an informal agreement. Focus your discussion on the child's needs and the benefits of your relationship with them.

2. Consider Mediation

If direct communication fails, mediation can be an effective next step. A neutral third-party mediator can help facilitate a conversation between you and the parents in a structured, non-confrontational environment. The goal is to reach a mutually acceptable agreement without the stress and cost of going to court.

3. Document Everything

Keep a detailed record of your relationship with your grandchild. Log your past involvement, including dates of visits, phone calls, gifts, and special events you attended. Also, document your attempts to communicate with the parents and their responses. This information can be valuable evidence if you need to proceed with a court application.

4. Seek Legal Advice

Family law is complex, and the outcome of a contact application depends heavily on the specific facts of your case. Consulting with a family lawyer is crucial. A lawyer can assess the strength of your case, explain your legal options, and guide you through the process.

An experienced lawyer can help you prepare your court application, gather necessary evidence, and represent your interests effectively. For professional guidance on matters of grandparent contact and other family law issues in Ontario, you can reach out to Janet Lee at Grant Lee Law. Her expertise can provide the clarity and support you need to navigate this challenging journey.

While grandparents do not have an automatic right to see their grandchildren, the law provides a clear path for them to seek contact through the courts. The success of such an application hinges on demonstrating that a continued relationship is truly in the child's best interests. The court will always prioritize the child’s well-being over the wishes of the adults involved.

If you are a grandparent being denied time with your grandchild, remember that you have options. By focusing on the child, documenting your relationship, and seeking professional legal advice, you can take steps to preserve that invaluable family bond for years to come.

Child Support Calculations for Self-Employed Parents

Tue, 19 Aug 2025 17:29:27 GMT

Child Support Calculations for Self-Employed Parents

Determining child support payments becomes significantly more complex when one parent is self-employed. Unlike employees with steady paychecks and T4 slips, self-employed individuals present unique challenges that require careful analysis of their true earning capacity. Understanding how Ontario courts approach these calculations can help both paying and receiving parents navigate this intricate process.

The Federal Child Support Guidelines provide the framework for all child support calculations across Canada, including Ontario. However, when self-employment enters the equation, these guidelines require more nuanced interpretation and application.

The Income Challenge for Self-Employed Payers

Self-employed individuals often face scrutiny regarding their reported income for child support purposes. Courts recognize that business owners and independent contractors have opportunities to manipulate their apparent income through various means, making accurate assessment crucial for fair support determinations.

Fluctuating Income Patterns

Self-employed income rarely follows the predictable pattern of traditional employment. Seasonal businesses, project-based work, and economic cycles can create significant variations in annual earnings. Courts must determine whether reported low income represents a temporary downturn or reflects the payer's actual earning capacity.

When evaluating fluctuating income, courts typically examine multiple years of financial records to establish patterns. A contractor who earned $80,000 in year one, $45,000 in year two, and $75,000 in year three presents a different picture than someone with consistently declining earnings over the same period.

Business Expense Deductions

Self-employed individuals can claim various business expenses that reduce their taxable income. While these deductions may be legitimate for tax purposes, courts scrutinize whether they truly reduce the payer's ability to support their children.

Common areas of examination include:

Vehicle expenses : Courts question whether luxury vehicle payments claimed as business expenses are necessary or represent lifestyle choices that shouldn't reduce child support obligations.

Home office deductions : While legitimate, courts ensure these deductions don't artificially deflate income calculations.

Travel and entertainment expenses : Business-related travel and client entertainment may be valid deductions, but courts examine whether these expenses provide personal benefits to the payer.

Equipment and asset purchases : Large equipment purchases may be necessary for business operations, but courts consider whether timing coincides suspiciously with child support proceedings.

Non-Cash Benefits and Perquisites

Self-employed individuals often receive benefits that don't appear as direct income but contribute to their standard of living. The Federal Child Support Guidelines specifically address these "perquisites" in calculating child support obligations.

Company Vehicle Usage

When a business provides vehicle access for personal use, this represents taxable income that must be included in child support calculations. The value typically equals what the individual would otherwise pay for similar transportation.

Housing Benefits

Self-employed individuals who live in company-owned properties or receive housing allowances must have these benefits valued and included in their income calculation. This becomes particularly relevant for business owners who structure their affairs to minimize personal expenses.

Other Benefits

Courts may consider various other benefits including:

Health and dental insurance premiums paid by the business
Professional development expenses that provide personal benefits
Equipment or services used for personal purposes

Determining True Earning Capacity

Ontario courts don't simply accept reported income at face value. They possess broad discretionary powers to determine a self-employed parent's actual ability to pay child support.

Imputing Income

When courts believe reported income doesn't reflect true earning capacity, they may "impute" income—essentially determining what the parent should be earning based on various factors:

Historical earnings : Previous years' income provides baseline expectations for earning capacity.

Industry standards : Courts compare the payer's reported earnings to industry averages for similar work in the same geographic area.

Education and experience : Higher education, professional designations, and extensive experience create expectations for higher earning potential.

Available opportunities : Courts consider whether the payer is actively pursuing available work or deliberately limiting their income.

Asset Analysis

Self-employed individuals often accumulate business assets that may not generate immediate income but represent earning potential. Courts examine:

Business valuations : The value of business interests may indicate greater earning capacity than reported income suggests.

Investment portfolios : Personal investments funded through business operations may reveal hidden income sources.

Property holdings : Real estate investments or business properties may generate unreported or underreported income.

Lifestyle analysis : When reported income seems inconsistent with the payer's lifestyle, courts may investigate additional income sources.

Financial Disclosure Requirements

Accurate financial disclosure forms the foundation of fair child support calculations. Self-employed parents face more extensive disclosure obligations than traditional employees.

Required Documentation

Self-employed payers must typically provide:

Three years of personal tax returns : Complete returns including all schedules and statements of income and expenses.

Business tax returns : Corporate or partnership returns showing business income, expenses, and distributions.

Financial statements : Business financial statements prepared by qualified accountants.

Bank statements : Personal and business banking records for specified periods.

Contracts and agreements : Major contracts, leases, or agreements affecting income

Complex self-employment situations often require professional analysis. Forensic accountants may be engaged to:

Trace income through multiple business entities
Identify personal expenses claimed as business deductions
Determine fair market value for benefits and perquisites
Analyze cash flow and earning capacity

Practical Considerations for Support Calculations

Self-employed child support cases require careful attention to timing and documentation strategies.

Timing of Applications

The timing of child support applications can significantly impact calculations. Business income may fluctuate seasonally or cyclically, making the assessment period crucial for fair determinations.

Parents seeking support should consider when business income typically peaks, while paying parents should ensure their financial disclosure reflects their true, sustainable earning capacity rather than temporary high-income periods.

Record Keeping

Self-employed individuals should maintain meticulous records distinguishing between legitimate business expenses and personal lifestyle choices. Poor record keeping often leads courts to make adverse inferences about hidden income.

Business Structure Considerations

The structure of self-employment affects child support calculations:

Sole proprietorships : Income flows directly to personal tax returns, making calculations more straightforward.

Corporations : Salary, dividends, and benefits require separate analysis to determine total compensation.

Partnerships : Partnership income and distributions must be carefully evaluated.

Legal Representation and Professional Guidance

The complexity of self-employed child support calculations makes professional legal assistance particularly valuable. Experienced family lawyers understand how to present financial information effectively and challenge questionable income reporting.

Angela Grant-Lee at Grant Lee Law provides specialized expertise in Ontario child support matters, particularly those involving self-employed parents. Her practice focuses on helping clients navigate the intricate financial disclosure requirements and advocating for fair support determinations based on accurate income assessments.

Legal representation becomes especially important when:

Business structures involve multiple entities
Income patterns show significant fluctuations
Disputes arise regarding legitimate business expenses
Professional valuation of businesses or benefits is required

Moving Forward with Confidence

Child support calculations for self-employed parents require thorough preparation and professional guidance. Success depends on complete financial disclosure, accurate income determination, and effective legal representation.

Whether you're seeking child support from a self-employed parent or facing obligations as a self-employed individual, understanding these complexities helps ensure fair outcomes for all parties involved. The Federal Child Support Guidelines provide the framework, but their application to self-employment situations requires specialized knowledge and careful attention to detail.

For Ontario parents dealing with self-employed child support issues, consulting with experienced legal counsel like Angela Grant-Lee at Grant Lee Law can provide the guidance necessary to navigate these complex proceedings successfully.

What Happens If You Fall Behind on Child Support Payments in Ontario?

robbie@ballamedia.ca (Robbie Balla) — Tue, 22 Jul 2025 15:29:52 GMT

What Happens If You Fall Behind on Child Support Payments in Ontario?

Child support payments are a critical obligation for parents in Ontario, designed to ensure children receive the financial support they need for their well-being. However, life can sometimes throw challenges your way, making it difficult to keep up with these monthly payments. If you’ve fallen behind on child support or are worried about doing so, it’s essential to understand what this means and how you can address the situation. This blog will explore the legal implications, potential penalties, and possible steps to take if your child support payments go into arrears in Ontario.

For personalized and professional advice, Janet Lee at Grant Lee Law is a trusted resource to guide you through the complexities of child support laws in Ontario.

Legal Responsibilities of Child Support in Ontario

Child support obligations in Ontario are governed by the Family Law Act and the Federal Divorce Act . According to the law, parents have a duty to provide financial support to their children, regardless of whether they are married, divorced, or in a common-law relationship. These payments are determined based on income and the number of children involved, following the Federal Child Support Guidelines.

When child support is not paid on time, the payments accumulate as arrears. This triggers serious legal consequences, as child support is a court-ordered responsibility, and failing to pay is treated as a violation of that order.

What Happens When Child Support Goes Into Arrears?

Falling into arrears on child support can bring significant financial and legal repercussions. Below are some of the consequences you may face:

1. Enforcement by the Family Responsibility Office (FRO)

The Family Responsibility Office (FRO) in Ontario is tasked with enforcing child support orders. If payments are missed, the FRO has wide-reaching authority to recover the money owed. This can include:

Wage garnishment – Requesting your employer to deduct payments directly from your paycheck.
Seizure of financial assets – The FRO can seize funds from your bank account or other financial assets to cover arrears.
Tax refund interceptions – If you’re entitled to a tax refund, the FRO can redirect it to fulfill your child support obligations.

2. Suspension of Licenses

To encourage payment compliance, the FRO can suspend your driver’s license, as well as other licenses such as those required for work (e.g., professional or business licenses). This can create further challenges, especially if you rely on these licenses for employment.

3. Negative Impact on Credit Score

The FRO reports arrears to credit agencies, which can harm your credit score. This makes it more difficult to secure loans, mortgages, or lines of credit in the future.

4. Seizure of Passport

If arrears accumulate to a significant level, the FRO can request the federal government to suspend or deny the issuance of your passport. This can affect your ability to travel for work or leisure.

5. Court Action and Contempt Proceedings

If enforcement measures are not enough to recover the payments, the FRO or the other parent can escalate the matter to court. Judges take non-payment of child support seriously, and you could face additional fines or punishment, which may include imprisonment in extreme cases.

Why Do Parents Fall Behind on Child Support?

While it’s essential to stay current with payments, it’s important to acknowledge that falling into arrears often happens due to circumstances beyond a parent’s control. Common reasons include:

Loss of employment or significant reduction in income
Health issues or unforeseen medical expenses
Financial strain due to other debts or obligations
Miscommunication or confusion about payment amounts or schedules

If you’re struggling, know that you’re not alone. What matters most is how you address the situation.

Steps to Take If You’re Behind on Payments

Falling behind doesn’t mean you’re out of options. Here are practical steps you can take to manage arrears and get back on track:

1. Contact the Family Responsibility Office

Open communication with the FRO is key. If you explain your situation and indicate a willingness to comply with your obligations, they may offer flexible solutions, such as payment plans, to help you catch up.

2. Seek a Variation of Your Support Order

If your financial circumstances have changed significantly since the original child support order was issued, you may be eligible to request a modification. For example, if you’ve lost your job or your income has dropped, a court can adjust the support amount to better align with your current financial reality.

Consulting a family lawyer, such as Janet Lee at Grant Lee Law, can be invaluable during this process. A legal professional can help you gather the necessary evidence, prepare your case, and file a variation application on your behalf.

3. Explore Mediation or Alternative Dispute Resolution

If you and the other parent can agree on a new arrangement for payment, mediation can be a cost-effective and less stressful option compared to lengthy court proceedings. However, even mediated agreements must generally be formalized through a court application to make them enforceable.

4. Make Partial Payments

Even if you can’t pay the full amount, making partial payments shows good faith and a commitment to meeting your obligations. This can work in your favor when negotiating with the FRO or appearing in court.

5. Prioritize Proactive Planning

Once you’ve addressed arrears, create a budget or financial plan to stay current with future payments. Setting up automated payments or working with a financial advisor can help ensure consistency going forward.

How Can Janet Lee at Grant Lee Law Help?

Facing child support arrears can feel overwhelming, but legal professionals like Janet Lee at Grant Lee Law are here to help. With a deep understanding of family law in Ontario, Janet Lee can:

Review your child support order and advise you on modification options
Help you understand your rights and responsibilities
Advocate for you in negotiations, mediation, or court proceedings
Assist in navigating enforcement actions from the FRO

Having expert guidance can make a significant difference in resolving arrears and protecting your financial future.

Falling behind on child support payments in Ontario carries serious consequences, but you’re not without solutions. By addressing the issue early, seeking legal advice, and exploring options to adjust your payment obligations, you can work toward resolving arrears and meeting your responsibilities.

If you’re facing challenges with child support arrears, don’t hesitate to reach out to Janet Lee at Grant Lee Law. Professional legal support can offer clarity, advocacy, and peace of mind as you take steps to secure a better future for yourself and your family.

Understanding Stepparent Rights During Separation

robbie@ballamedia.ca (Robbie Balla) — Sat, 28 Jun 2025 03:59:10 GMT

Understanding Stepparent Rights During Separation

Navigating a separation is challenging, but it can be even more complex when you are a stepparent. Questions often arise about your rights, particularly when it comes to maintaining contact with stepchildren. This blog aims to clarify what rights stepparents have during a separation and how Angela at Grant Lee can help support you through the process.

Do Stepparents Have the Right to Visitation?

The short answer is, not automatically. Unlike biological or legal parents, stepparents don’t automatically have the legal right to visitation with stepchildren post-separation. However, the relationship you’ve built with your stepchildren is significant and does hold weight in many situations.

Courts typically make decisions based on what is in the child’s best interests. If you’ve played a consistent and meaningful role in a child's life, this could strengthen your case for visitation rights. Factors such as your involvement in their upbringing, your financial or emotional contributions, and the bond you share with the child can all be presented as part of your argument.

When Can a Stepparent Apply for Visitation Rights?

Stepparents can apply for visitation rights under family law in many jurisdictions, but the success of the petition is determined by various factors, including:

The well-being of the child: Courts assess whether maintaining contact with you serves the child emotionally or developmentally.
Existing Relationship: The depth of your bond with your stepchild plays a crucial role. For example, if you’ve been a significant caregiver, this works in your favor.
Parental Opinions: The court often considers the opinions of the child's biological or legal parents about the visitation request.

It’s essential to consult a legal expert early to understand the nuances of these laws and how they apply to your specific situation.

How Angela at Grant Lee Can Help

The laws surrounding stepparent rights can be complex and vary based on jurisdiction, which is why having an experienced legal ally is essential. Angela at Grant Lee specializes in family law and has guided countless stepparents through the emotional and legal intricacies of separation.

Angela at Grant Lee Law Can Help With:

Legal Advice: Understanding your specific legal rights as a stepparent and how best to approach your case.
Mediation: If maintaining a relationship with your stepchildren is important, Angela can help mediate between you and your ex-partner to reach an agreement.
Court Representation: Should your case escalate to court, Angela will advocate for your role in the child’s life and work to secure custody or visitation arrangements.
Paperwork and Processes: The family law process can be overwhelming, but Angela will handle documentation and guide you every step of the way.

Angela brings not only expertise but also compassion to every case. Her goal is to minimize stress and help you find a solution that works for you and your family.

Taking the Next Steps

While stepparents don’t automatically have the same rights as biological parents, the law recognizes the important role a stepparent can play in a child’s life. If you’re facing a separation and want to understand your rights or seek visitation arrangements, don’t go through it alone.

Reach out to Angela at Grant Lee Law for tailored advice and a clear path forward. Book your consultation today and take the first step toward clarity and resolution in this challenging time.

Who Gets Custody of the Pets in a Divorce?

yee.zeng@gmail.com (Daniel Zeng) — Tue, 20 May 2025 13:26:01 GMT

Who Gets Custody of the Pets in a Divorce?

Divorces are rarely simple, and for pet owners, the process comes with an emotionally charged and often overlooked question: Who gets custody of the pets? While many view pets as members of the family, the legal system often does not. Understanding how pet custody is handled can help couples prepare for this complex issue in a divorce.

Pets Are Property by Law (But It’s More Complicated Than That)

While you may see your furry companion as a child or best friend, Canadian law generally categorizes pets as "property." This means that pets are treated similarly to other belongings like furniture or vehicles in the eyes of the court. A judge isn’t looking at "the pet’s best interests" the way they would in a child custody battle. Instead, they consider specific factors:

Who purchased the pet? If one partner can provide proof of purchase or ownership, such as receipts or adoption papers, this might influence the decision.
Who covered the pet’s expenses? Courts may look at who financially cared for the pet, including things like vet bills, food, and grooming.
Who is the primary caregiver? While this isn’t specifically about legal custody, evidence showing who walked, fed, and cared for the pet might support a case for ownership. Photos, receipts, or witness testimonies may be helpful here.

That said, more couples are taking a progressive approach and addressing pet custody through agreements or mediation rather than relying on a court to decide.

Reaching an Agreement With Your Partner

The reality is that no one wants to see their cherished pet become a point of contention during a divorce. If both you and your ex have an emotional bond with the pet, negotiating an agreement can offer a fair solution and avoid the courtroom altogether.

Here are a few common ways agreements are reached:

Shared Custody: Some ex-couples agree to a schedule where pet care duties are split equally. While this idea sounds great, it requires ongoing coordination and communication with your ex.
Sole Custody With Visits: One person may take full ownership while allowing the other occasional visits, ensuring both parties stay connected to the pet.
Expenses Agreement: Regardless of who keeps the pet, agreements about covering costs like vet bills can make the transition smoother.

The Rise of Pet Custody Agreements

Increasingly, pet owners are including custody clauses in prenuptial or postnuptial agreements. These contracts outline what happens to the pet in case of divorce, saving many disputes down the road. If you didn’t plan for this, a knowledgeable family lawyer can still help you form a formal agreement during divorce proceedings.

Hire a Burlington Family Law Lawyer to Protect Your Interests

At such an emotional time, you shouldn’t have to figure out legal matters alone. Angela at Grant Lee Law understands that every situation is unique and believes in resolving conflicts with your pocketbook at top of mind. Whether it’s working out pet custody or larger family law matters, they are here to help.

Call 289-258-7169 to book your consultation today and ensure the future of both yourself and your beloved pet is in reliable hands.

Deciding who gets custody of pets in a divorce is rarely simple, but taking steps to negotiate fairly, prepare documentation, and reach an agreement can help reduce stress for both parties involved. Remember, the goal isn’t just about legal ownership; it’s about ensuring your pet remains safe, cared for, and loved during this significant transition.

Grant Lee Law 289-258-7169

Your Rights When Separating From a Long-Term Partner

robbie@ballamedia.ca (Robbie Balla) — Tue, 15 Apr 2025 14:45:25 GMT

Your Rights When Separating From a Long-Term Partner

Separating from your partner after years of living together can be an overwhelming and emotional process. If you're not married, the legal landscape might feel even more unclear. What happens to the assets you've built together? Are you entitled to spousal support? How do you resolve these issues without unnecessary conflict?

This blog will help guide you through your rights when separating from your partner, even if marriage was never part of the equation.

What Is Common-Law Separation?

If you've been living together for several years, you may be considered a common-law couple, depending on local laws. While common-law relationships don't have the same legal standing as marriage, they do come with certain rights and obligations.

For example, in Ontario, Canada, you may be considered common-law for family law purposes if you've lived together for at least three years, or if you have a child together and are in a relationship of some permanence.

Understanding whether or not your relationship qualifies as common-law will help clarify what rights and responsibilities apply to your separation.

Who Gets What? Dividing Property in a Separation

Unlike married couples, property division laws for common-law relationships can vary significantly and don't always follow the same rules.

When separating as a common-law couple, the key difference is ownership of property . Whatever is in your name usually remains yours. If you own property together, like a house, or if you've contributed to an asset that belongs to your partner (or vice versa), matters can get more complex.

You may be able to claim an interest in your partner’s property based on contributions you’ve made, either financially or by way of effort, under what’s called a constructive trust . However, these claims can be complicated and require solid evidence.

If you're unsure what you're entitled to, speaking to an experienced family lawyer is essential.

Spousal Support in Common-Law Separations

Another common question is whether spousal support applies when separating from a long-term partner. The answer is often, "It depends."

You may be entitled to spousal support if you've been financially dependent on your partner or if separating would cause an unfair financial imbalance between you two. Courts consider several factors like the length of your cohabitation, your roles during the relationship, and your ability to support yourself moving forward.

Determining whether spousal support applies, and if so, how much, can be tricky. Legal advice is crucial in helping you understand your rights and obligations.

Parenting Responsibilities and Child Support

If you have children together, separation doesn’t change the fact that both parents have responsibilities toward their kids.

Key considerations include:

Parenting time (formerly known as custody): Deciding how each parent will spend time with the children and make decisions about their upbringing.
Child support : Ensuring that children are financially cared for, regardless of which parent they live with most of the time.

These decisions should prioritize the best interests of the children and, where possible, be approached collaboratively.

If you’re facing challenges, legal guidance can help you create a parenting plan that works for everyone involved.

Next Steps After Separation

Separation is a time of major transition, but you don't have to face it alone. Taking these steps can help you feel more in control:

Document Everything

Keep clear records of your assets, debts, and contributions to shared property. These details can be crucial if disputes arise.

Open the Lines of Communication

If possible, work with your partner to resolve issues amicably. Mediation can be a helpful way to stay focused on solutions rather than conflict.

Seek Legal Advice

Family law is complex, and every situation is unique. Speaking to a lawyer who understands common-law separations will ensure your rights are protected and that you know your options.

We're Here to Help

Separating after years of cohabitation can be life-altering, but you don’t have to face the uncertainty alone. At Grant Lee Law , we specialize in helping separating couples understand their rights and find the best ways forward.

If you have questions about your separation, contact Angela at Grant Lee Law in Burlington and Hamilton for expert advice at 905-315-6837 .

Can I Move to a Different Province During Divorce Proceedings?

Tue, 18 Mar 2025 13:43:36 GMT

Can I Move to a Different Province During Divorce Proceedings?

Divorce can be a challenging and emotional process, and adding relocation into the mix can make things even more complex. At Grant Lee Law in Burlington , we’ve encountered many questions from clients about the possibility of moving to a different province while divorce proceedings are still ongoing. Whether it's to accept a new job, be closer to family, or start fresh, relocation during a divorce is a topic that requires careful consideration and legal understanding.

Here’s an overview of what you need to know—and when you should seek professional guidance.

Is Relocation Allowed During Divorce Proceedings?

The short answer is yes, but with conditions . Relocating to a different province during divorce proceedings is not always a straightforward decision. It's crucial to understand and address the following factors:

1. Court Jurisdiction

When a divorce case is active, the court where the proceedings were initiated typically has jurisdiction over the case. If you relocate to a different province, this could complicate matters:

Your move may require additional legal steps to transfer the case to another jurisdiction.
The process may lead to delays or difficulties in resolving your divorce since court appearances might be required in the current jurisdiction.

2. Impact on Spousal and Parental Rights

If children are involved in the divorce, the matter becomes even more complex. Canadian family law prioritizes the best interests of the child, which means:

Relocating without the other parent’s consent can lead to legal disputes.
Parenting arrangements, including custody and visitation schedules, may need to be readdressed or even temporarily altered, depending on how the move affects existing agreements.

It’s essential to note that unilateral moves could be viewed negatively by the court, especially if such a decision seems to undermine co-parenting responsibilities or acts against the best interests of the child.

3. Relocation Considerations and Permission

For moves that affect children, a formal request for relocation may be needed through the court. This includes explaining:

Why the move is necessary (e.g., better job opportunities, family support).
How it serves both your and your children’s interests.
Practical solutions for maintaining the other parent’s rights and involvement, such as facilitating virtual visits or covering travel costs for in-person visits.

Courts will assess whether the move significantly disrupts the existing lifestyle and relationships of the children or creates unfair challenges for the other party.

Practical Advice if You’re Considering a Move

1. Discuss the Move with Your Lawyer

Before making any decisions—or even bringing up relocation to the other party—it’s wise to consult a family lawyer. At Grant Lee Law , we can help you evaluate your case, understand your rights, and explore pathways that align with the law.

2. Seek Consent Where Possible

If you're co-parenting, working collaboratively with the other parent is often the best approach. Open communication and shared decision-making can help reduce resistance and conflict around the relocation. Consider mediation if necessary.

3. File Necessary Applications Early

If consent cannot be obtained and relocation is critical, you may need to apply for court permission to move. Early action is key to avoid delays and complications in your divorce case.

4. Understand the Long-Term Implications

Relocating during a divorce often impacts the following:

Access to legal representation in the new province.
Ongoing cost and time burdens for travel, especially if court appearances or shared parenting arrangements are required.

Weigh all these considerations carefully before proceeding.

When to Seek Legal Help

Moving to a different province during divorce proceedings is not impossible, but it is a legally sensitive and emotionally complex process . Whether you’re considering a move for personal growth, financial reasons, or to provide a better environment for your children, it’s crucial that you approach the decision armed with the right information and support.

At Grant Lee Law in Burlington , we specialize in family law and understand the unique challenges faced by individuals navigating divorce and relocation. If you’re considering a move, our experienced team, led by Angela, can provide guidance tailored to your circumstances. We’ll work with you to ensure that your rights are protected and that your decisions align with legal requirements.

Speak to Angela at Grant Lee Law Today

If you’re thinking about relocating during divorce proceedings and need guidance, reach out to us for a consultation.

We’re here to help every step of the way. Reach out to 905-315-6837 to get your questions answered.

Contact our Burlington office today to discuss your case. Together, we’ll find the best solution for you and your family

My Spouse Just Asked for a Divorce. What Are My Next Steps?

Tue, 18 Feb 2025 18:06:43 GMT

What Are My Next Steps?

Hearing the words "I want a divorce" from your spouse can feel like the ground has been pulled out from under you. While it’s natural to feel overwhelmed, uncertain, or even a little lost, this is a time to pause, take a breath, and focus on what’s next. Divorce, while emotional, is also a legal process—and taking the right steps early on can set the tone for a smoother transition into this new chapter of your life.

I’m Angela from Grant Lee Law , serving Burlington and Hamilton, and I specialize in helping people like you make sense of the complicated emotions and legalities that come with divorce. Below, I’ve outlined the steps you can take to start navigating your next steps.

Step 1: Take Time to Process Your Feelings

Divorce comes with a wave of emotions—be it shock, sadness, anger, or, perhaps, relief. Whatever you might be feeling is valid. Allow yourself the time and space to process what’s happening. Reach out to trusted friends or family members for support, and consider joining a local or online support group for people going through divorce.

Working with a therapist or counselor can also give you tools to manage your emotions while keeping your focus on what’s most important—your well-being and your future.

Step 2: Understand Your Legal Rights and Obligations

Every province has laws that dictate the divorce process, and Ontario is no different. Early on, it’s crucial to educate yourself on your rights and responsibilities regarding:

Dividing Property & Finances : Ontario’s Family Law Act provides guidelines for equal division of property acquired during the marriage. Certain exceptions—such as inheritances or gifts—might apply.
Child Custody & Parenting Time (if you have children): You’ll need to discuss where the children will live, how decisions about their welfare will be made, and how much time they’ll spend with each parent.
Spousal and Child Support : Support obligations are determined by income, the length of your marriage, and the needs of the children, if applicable.

Navigating these legal elements can feel daunting, but this is where a skilled family lawyer becomes invaluable. A lawyer will help ensure you’re fully informed and prepared to make the best decisions for your unique situation.

Step 3: Consult a Family Lawyer

Before making any major decisions regarding your home, finances, or children, consult with a family lawyer. A consultation with a lawyer, like myself at Grant Lee Law, offers you clarity on the divorce process, including timelines, legal obligations, and what you can expect.

At this stage, we’ll discuss your goals, any potential challenges, and what steps you should take to begin safeguarding your interests. Whether it’s negotiating terms amicably with your spouse or preparing for a contested divorce, we’re here to guide you.

We always recommend documenting important details like financial assets, debts, and ongoing expenses—having these details ready will make your consultation more productive.

Step 4: Organize Your Finances

Divorce has significant financial implications, so understanding your financial picture is key. This includes gathering documents such as:

Bank statements
Mortgage and loan agreements
Tax returns (personal and business)
Credit card statements
Pension or retirement fund details

Create a budget to help you manage expenses during the divorce and anticipate how your financial situation may change once the process is finalized. This foresight will help you approach the next steps confidently and make discussions about financial support and property division easier.

Pro tip? Avoid making big financial changes (like withdrawing money or selling property) without legal advice.

Step 5: Prioritize Open but Safe Communication

If possible, maintain open communication with your spouse to minimize conflict, especially if you share children. Co-parenting effectively involves collaboration. However, if conversations are tense or potentially harmful, keep communication focused and documented—email and text messages can help provide clarity and a reliable paper trail.

If direct communication becomes unmanageable, a lawyer or mediator can step in to facilitate respectful discussions on your behalf.

Step 6: Focus on the Bigger Picture

Divorce is a deeply personal experience, and no two cases are alike. While it’s tempting to focus on every little detail or past grievances, keep your eyes on the bigger picture—your long-term happiness, stability, and peace of mind.

Remember, there’s no “winning” a divorce. The goal is to create a fair, sustainable agreement that allows both parties to move forward.

Step 7: Build a Support Network

Beyond legal advice, having the right emotional and professional support in place is invaluable. Surround yourself with the following:

Legal Professionals : A lawyer will protect your rights and guide you through every step of the process.
Therapists or Counselors : Licensed professionals can help you process your emotions constructively.
Financial Experts : A financial advisor or planner can help you understand how your divorce will affect your finances and set goals for this new chapter.
Trusted Loved Ones : Friends or family members who uplift you are a vital source of comfort and encouragement.

Remember, You Don’t Have to Do This Alone

Divorce is overwhelming, but you don’t have to face it on your own. At Grant Lee Law , we understand the emotional and legal complexities of this life transition. My team and I are here to give you the support and clarity you need during this challenging time.

If your spouse recently asked for a divorce and you’re unsure where to start, schedule a confidential consultation with us. We’ll walk you through the legal process, answer your questions, and help you build the next phase of your life with confidence.

Book your consultation today with Angela at Grant Lee Law in Burlington and Hamilton. Together, we’ll take the next steps toward the future you deserve. Just call 905-315-6837.

The Role of Mediation in Marriage Separation

sara@ballamedia.ca (Sara DeSantis) — Thu, 16 Jan 2025 18:50:37 GMT

When facing the challenges of marriage separation, finding a solution that minimizes stress and conflict is essential. This is where mediation comes into play. Mediation provides a constructive and often cost-effective way for separating couples to resolve their differences and make informed decisions without the need for a courtroom battle. For families in Hamilton and Burlington, trusted firms like Grant Lee Law offer expert guidance in Marriage Mediation and Separation Mediation , helping couples transition through these complex life changes with a sense of dignity and fairness.

What is the Purpose of Mediation?

Mediation focuses on fostering communication and understanding between separating spouses. Unlike litigation—which can be adversarial—mediation encourages cooperation by providing a safe and neutral space for couples to discuss their concerns. An experienced mediator facilitates the conversation, helping both parties reach mutually agreeable solutions on key issues like:

Division of property and assets
Child custody and parenting plans
Spousal and child support arrangements
Any additional unique circumstances

The goal is to empower both individuals to take control of the decision-making process rather than leaving critical outcomes in the hands of a judge.

Why Choose Mediation for Marriage Separation?

1. Cost-Effective Alternative

Litigation can quickly become time-consuming and costly, while mediation is generally more affordable. By avoiding prolonged court battles, couples save both time and money, allowing for a smoother transition.

2. Less Stressful

Marriage separation is one of life’s most emotionally taxing experiences. Mediation emphasizes collaboration, which can help reduce tension and preserve a more amicable relationship between spouses—an especially important factor when children are involved.

3. Greater Flexibility

Unlike court proceedings, the Mediation Process is tailored to the unique needs of each couple. Mediators work with you to create customizable agreements that fit your family's specific circumstances.

4. Confidential and Private

Unlike court cases, mediation sessions remain confidential. This helps both parties feel secure in discussing sensitive issues openly without the fear of public exposure.

5. Focus on the Future

Mediation helps couples not only resolve immediate conflicts but also plan for a sustainable future. By creating agreements that work for both parties, mediation prioritizes long-term stability for everyone involved.

The Mediation Process at Grant Lee Law

For residents of Hamilton and Burlington , Grant Lee Law has become a reliable partner in guiding couples through Marriage Mediation and Separation Mediation. Their experienced mediators are trained to handle even the most delicate situations, always with an unwavering commitment to fairness and respect.

A typical mediation process includes:

Initial Consultation: The mediator works with both parties to understand their goals and explain how the process works.
Exchange of Information: Each party shares their perspective, and necessary financial or legal documents are reviewed to ensure transparency.
Discussion and Negotiation: The mediator facilitates conversations to address critical concerns, propose solutions, and foster compromise.
Agreement Drafting: Once an understanding is reached, the mediator helps draft a legally sound agreement reflecting the couple’s decisions.
Finalization: The agreement is reviewed by independent legal counsel before being finalized.

Is Mediation Right for You?

Whether you're separating amicably or dealing with more complex disputes, mediation offers a supportive pathway to resolution. Consider mediation if:

You and your spouse are willing to cooperate and compromise.
You’d prefer to avoid the costs and stress of litigation.
You want to prioritize the well-being of your children.
You value privacy and personalized solutions.

For those navigating marriage separation in Hamilton and Burlington, Grant Lee Law provides expert mediation services that keep your family's best interests at heart while guiding you through the complexities of the Separation Mediation process.

Take the First Step Toward Resolution

Marriage separation is never easy, but mediation can help make it more manageable. By choosing a trusted mediator, like those at Grant Lee Law, you can move forward with clarity, respect, and confidence.

If you're ready to explore mediation as a solution for your separation, reach out to Grant Lee Law in Hamilton and Burlington today. A compassionate, informed approach can make all the difference. Angela and her team are a phone call away at 905-315-6837.

Navigating Diverse Parenting Styles

sara@ballamedia.ca (Sara DeSantis) — Mon, 25 Nov 2024 18:32:25 GMT

Parenting is a unique and personal endeavour. Every family has its own beliefs, values, and approaches to raising children. But when you find yourself in a blended family or co-parenting situation, these differences in parenting styles can sometimes feel like a challenge. Understanding and navigating these diverse styles is crucial for ensuring your child's well-being, security, and happiness.

Understanding Different Parenting Styles

Before you can effectively blend parenting styles, it's important to understand the most common types. Here's a quick rundown:

Authoritative Parenting

This style is characterized by high expectations balanced with support and guidance. Authoritative parents set clear rules but are also responsive to their child's

needs. This approach often leads to children who are responsible and capable of making decisions independently.

Authoritarian Parenting

Authoritarian parents enforce strict rules and expect obedience. They are less likely to offer explanations for these rules and often rely on punishment. Children

raised in this environment might excel in discipline but may struggle with self-esteem and independence.

Permissive Parenting

Permissive parents are indulgent and often avoid setting boundaries. While they are nurturing and communicative, they may struggle to enforce rules. Children

from permissive households are often creative but may encounter difficulties with authority and rules.

Uninvolved Parenting

Uninvolved parents provide minimal guidance, nurturing, or attention. This lack of involvement can lead to children who struggle academically, socially, and

emotionally.

Blending Parenting Styles

In a blended family or co-parenting situation, parents may bring different styles to the table. Here are some strategies to help harmonize your parenting

approaches:

Open Communication

Discuss your parenting styles openly and honestly with your co-parent or partner. Identify areas of alignment and divergence, keeping your child's best interests

as the focal point. Regular communication helps in finding common ground and making necessary adjustments.

Consistency is Key

Strive for consistency in rules and expectations across both households. This doesn't mean identical parenting styles, but maintaining core values and principles

that your child can rely on helps provide stability.

Set Joint Goals

Focus on shared goals for your child's development and well-being. Whether it's building self-esteem, academic success, or nurturing creativity, having mutual objectives can unify your parenting efforts.

Flexibility and Adaptation

Be open to adapting your approach based on your child's changing needs and developmental stages. This may involve blending elements from different

parenting styles to support your child's growth effectively.

Seek Support and Education

Consider attending parenting workshops or counselling sessions together. Professional guidance can offer tools and techniques to manage diverse parenting

styles and address any conflicts that arise.

Prioritizing the Child's Perspective

Ultimately, the goal is to create a nurturing environment that prioritizes your child's needs and emotional health. Encourage your child to express their feelings

and thoughts about the parenting dynamic. Listening actively and validating their emotions fosters trust and strengthens your relationship.

Navigating diverse parenting styles in a blended family or co-parenting situation requires patience, empathy, and a willingness to collaborate. By keeping your

child's welfare at the heart of your efforts and maintaining open, respectful communication, you can create a harmonious family dynamic that supports your

child's development and happiness. Remember, there is no one-size-fits-all approach to parenting, and being adaptable can lead to a richer, more fulfilling family

experience. Effective communication between parents is the backbone of any successful custody arrangement. Regularly updating each other about the child's

academic progress, social events, and any issues that may arise helps in making informed decisions. If you need further guidance or support, consider reaching

out to Grant Lee Law who can provide additional resources and assistance. Angela Grant-Lee has over 20 years’ experience in all facets of Family Law and will

take the time to learn about your family’s needs and help you work through any issues in a timely manner while keeping the cost manageable.

Grant Lee Law 905-315-6837

Understanding the Rise of Grey Divorce

Fri, 25 Oct 2024 15:56:37 GMT

In recent years, the phenomenon known as "grey divorce" has gained significant attention. Coined to describe the increasing number of individuals obtaining a divorce in their 50s and beyond, grey divorce is reshaping the narrative around marriage and separation. For Baby Boomers, family counselors, and divorcees, understanding this trend is crucial. This blog post explores why more individuals in their 50s are opting for divorce, the unique challenges and opportunities it presents, and how entities like Grant Lee Law can help guide them through this complex transition.

The Rise of Grey Divorce

A Shift in Marital Dynamics

The rate of grey divorce has doubled since the 1990s, with more Baby Boomers choosing to part ways after decades of marriage. This trend often stems from evolving marital dynamics. Couples who once saw eye-to-eye may find that they have grown apart over time. For many, the realization comes during or after major life transitions, such as children leaving home. These empty-nesters often reassess their relationship and personal satisfaction, leading some to pursue new beginnings.

Longevity and New Opportunities

Today's Baby Boomers are living longer, healthier lives, which means they have more time to consider what they want from their remaining years. Many opt for divorce to explore new opportunities and pursuits that align with their current interests and values. This desire for personal fulfillment is a driving factor behind the decision to divorce later in life. The notion of spending years in an unsatisfying relationship becomes less appealing as individuals prioritize their happiness.

Changing Cultural Norms

Society's views on marriage and divorce have evolved significantly. Stigmas surrounding divorce, especially later in life, have diminished. More individuals feel empowered to make choices that reflect their needs rather than societal expectations. This cultural shift encourages those in their 50s to consider divorce as a viable option for improving their quality of life and achieving personal growth.

Why Obtain a Divorce in Your 50s?

Seeking Personal Fulfillment

For many, the decision to divorce in their 50s is rooted in a quest for personal fulfillment. After decades of prioritizing family and career, individuals may desire to focus on their passions and interests. This stage of life offers a unique opportunity to rediscover oneself and create a life that aligns with one's true desires. Divorce can be a catalyst for self-exploration and personal development, allowing individuals to pursue their dreams.

Financial Independence

Financial independence is another motivation for grey divorce. Baby Boomers often feel more financially secure at this stage of life, making it easier to manage the economic implications of divorce. With established careers and accumulated assets, individuals may feel confident in their ability to sustain themselves post-divorce. This financial stability empowers them to make decisions based on their well-being rather than financial constraints.

Emotional Well-being

Mental and emotional well-being is a significant consideration in the decision to divorce. Many individuals find that an unhappy marriage takes a toll on their mental health. Choosing to divorce can alleviate stress and anxiety, creating a healthier and more positive environment. Prioritizing one's emotional well-being can lead to a more fulfilling life, free from the constraints of an unsatisfying relationship.

Challenges of Grey Divorce

Financial Considerations

While financial independence may empower some, grey divorce also presents financial challenges. Splitting assets accumulated over decades can be complex and emotionally draining. Individuals must carefully consider retirement savings, property division, and potential alimony. Consulting with financial advisors and legal experts, such as those at Grant Lee Law, can help mitigate these challenges and ensure a fair settlement.

Impact on Family Dynamics

Grey divorce can significantly impact family dynamics, especially when adult children are involved. Parents may worry about how their decision will affect their children, even if they are no longer living at home. Open communication is essential to maintaining strong family bonds during this transition. Family counselors can provide valuable guidance in navigating these complex emotions.

Emotional Adjustment

Divorce at any age requires emotional adjustment, but grey divorce can be particularly challenging. Individuals must come to terms with the end of a long-term relationship and the changes it brings. Support from friends, family, and professional counselors can ease this transition. Engaging in self-care practices and seeking therapy can help individuals process their emotions and move forward with confidence.

Opportunities for Growth

Personal Reinvention

Grey divorce offers a chance for personal reinvention. Individuals can explore new hobbies, interests, and social circles. This period of self-discovery can be incredibly rewarding, leading to a more vibrant and fulfilling life. Pursuing new experiences can reignite a sense of purpose and excitement for the future.

Building New Relationships

Divorce in one's 50s opens the door to new relationships. With a clearer understanding of their needs and desires, individuals can seek partners who align with their values and goals. Dating later in life can be a positive and enriching experience, offering the chance to build meaningful connections.

Enhanced Self-Understanding

The process of navigating grey divorce encourages self-reflection and introspection. Individuals gain a deeper understanding of themselves, their desires, and what they value most. This self-awareness can lead to more intentional decision-making and a greater sense of fulfillment in all aspects of life.

How Grant Lee Law Can Help

Expert Legal Guidance

Navigating the legal complexities of grey divorce requires expert guidance. Grant Lee Law specializes in helping clients achieve fair and equitable settlements. Their experienced team understands the unique challenges of grey divorce and provides personalized support throughout the process. With their assistance, individuals can confidently make informed decisions.

Comprehensive Support

Grant Lee Law offers comprehensive support beyond legal representation. They connect clients with financial advisors, counselors, and other professionals who can assist with various aspects of the divorce process. This holistic approach ensures that clients receive the support they need to transition smoothly into their new lives.

Client-Centered Approach

At Grant Lee Law, client satisfaction is a top priority. Their team takes the time to understand each client's unique situation and goals. By prioritizing open communication and collaboration, they empower clients to take control of their future. Grant Lee Law is committed to helping clients achieve positive outcomes and build fulfilling post-divorce lives.

Grey divorce is a significant and growing trend among Baby Boomers. While it presents unique challenges, it also offers opportunities for personal growth and fulfillment. Understanding the motivations behind grey divorce can help individuals make informed decisions that enhance their quality of life. For those considering or navigating grey divorce, Grant Lee Law provides expert guidance and support. By prioritizing personal well-being and seeking professional assistance, individuals can successfully transition to the next chapter of their lives. Explore more about how Grant Lee Law can help you on your path to a brighter future.

Grant Lee Law

4145 North Service Road, 2nd Floor

Burlington

905-315-6837

Navigating Child Custody Arrangements During the School Year

Mon, 23 Sep 2024 13:03:48 GMT

Divorced parents and parenting coaches often face the challenging task of navigating child custody arrangements, especially during the school year. With the added complexities of coordinating between different households, ensuring academic success, and maintaining a child's emotional well-being, this period can become particularly stressful. This blog post aims to provide valuable insights, practical tips, and strategies to make child custody arrangements during the school year as smooth and stress-free as possible. From understanding the importance of a well-structured custody plan to addressing common challenges and offering solutions, readers will find the guidance they need to create a supportive environment for their children.

Understanding the Importance of a Well-Structured Custody Plan

A well-structured custody plan is essential for both parents and children. It sets clear expectations, reduces conflicts, and ensures that the child's needs are prioritized. When both parents are on the same page, it creates a stable environment where the child can thrive academically and emotionally. Creating a detailed custody plan should involve considering the child's school schedule, extracurricular activities, and social life. This holistic approach ensures that all aspects of the child's life are accounted for, leading to a more balanced and harmonious arrangement.

Parents should also keep in mind that flexibility is key. While it's important to have a structured plan, being open to adjustments as needed can help address any unforeseen circumstances that may arise during the school year.

Key Elements of a Successful Custody Arrangement

Consistent Communication

Effective communication between parents is the backbone of any successful custody arrangement. Regularly updating each other about the child's academic progress, social events, and any issues that may arise helps in making informed decisions.

Using tools like shared calendars or co-parenting apps can streamline communication and ensure that both parents are always in the loop. These tools can also help in scheduling parent-teacher conferences, school events, and extracurricular activities without any conflicts.

Additionally, maintaining a respectful and cooperative tone during discussions can prevent misunderstandings and foster a more collaborative co-parenting relationship.

Prioritizing the Child's Best Interests

The child's best interests should always be the primary focus when creating a custody arrangement. This includes considering their academic needs, social interactions, and emotional well-being.

Parents should work together to ensure that the child has a consistent routine, which can help in reducing anxiety and promoting a sense of stability. This routine should align with the child's school schedule, homework hours, and bedtime.

Encouraging open communication with the child about their feelings and preferences can also provide valuable insights into what works best for them.

Flexibility and Adaptability

While having a structured plan is important, being flexible and adaptable to changes is equally crucial. The school year can bring unexpected events, such as illness, school trips, or changes in the child's extracurricular activities.

Parents should be willing to adjust the custody schedule as needed to accommodate these changes. This flexibility not only ensures that the child's needs are met but also demonstrates a cooperative co-parenting approach.

It's also helpful to have a backup plan in place for emergencies or last-minute changes to avoid any disruptions in the child's routine.

Addressing Common Challenges

Managing Extracurricular Activities

Extracurricular activities play a significant role in a child's development and should be considered when creating a custody arrangement. Coordinating these activities between two households can be challenging but is essential for the child's overall growth.

Parents should discuss and agree on which activities the child will participate in and how transportation and attendance will be managed. This may involve sharing responsibilities or alternating weeks.

Keeping a shared calendar with all the activity schedules can help in avoiding conflicts and ensuring that the child doesn't miss out on any important events.

Handling School Assignments and Projects

School assignments and projects often require collaboration between parents to ensure that the child completes their work on time. This can include helping with homework, providing materials for projects, or attending school meetings.

Parents should establish a system for monitoring and supporting the child's academic progress. This can involve setting specific homework times, helping with assignments, and staying in touch with teachers.

Regularly reviewing the child's progress and addressing any academic concerns promptly can help in maintaining their academic performance and confidence.

Balancing Holidays and Special Occasions

Holidays and special occasions can add an extra layer of complexity to custody arrangements. Balancing these events requires careful planning and consideration to ensure that the child can enjoy time with both parents.

Parents should discuss and agree on how holidays and special occasions will be shared. This may involve alternating holidays each year or splitting the day to allow the child to spend time with both parents.

Being flexible and willing to compromise can help in creating a positive and enjoyable experience for the child during these special times.

Tips for Successful Co-Parenting

Establish Clear Boundaries

Setting clear boundaries and expectations is essential for successful co-parenting. This includes respecting each other's parenting styles, decisions, and time with the child.

Maintaining a cooperative and respectful attitude can help in reducing conflicts and fostering a positive co-parenting relationship.

Focus on the Child

Keeping the focus on the child's well-being and happiness should be the primary goal for both parents. This involves putting aside personal differences and working together to provide the best possible environment for the child.

Regularly checking in with the child about their feelings and preferences can help in making necessary adjustments to the custody arrangement.

Seek Professional Help if Needed

If conflicts or challenges arise that cannot be resolved between the parents, seeking professional help from a mediator or counselor can be beneficial. These professionals can provide guidance and support in navigating complex custody issues.

Creating a Supportive Environment for the Child

Encouraging Open Communication

Encouraging open communication with the child about their feelings, preferences, and concerns can provide valuable insights into what works best for them. This can help in making necessary adjustments to the custody arrangement.

Maintaining Consistency

Maintaining a consistent routine and environment can help in reducing anxiety and promoting a sense of stability for the child. This includes aligning the custody schedule with the child's school schedule, homework hours, and bedtime.

Providing Emotional Support

Providing emotional support and reassurance to the child can help in addressing any feelings of uncertainty or anxiety they may have about the custody arrangement. This can involve regular check-ins, open discussions, and providing a safe space for the child to express their feelings.

Navigating child custody arrangements during the school year can be challenging, but with careful planning, effective communication, and a focus on the child's best interests, it is possible to create a supportive and harmonious environment. Let Grant Lee Law help you navigate these important years in yours and your child’s journey. By understanding the importance of a well-structured custody plan, addressing common challenges, and providing ongoing support, divorced parents and parenting coaches can ensure that the child thrives academically and emotionally.

If you need further guidance or support, consider reaching out to Grant Lee Law who can provide additional resources and assistance. Angela Grant-Lee has over 20 years experience in all facets of Family Law and will take the time to learn about your family’s needs and help you work through any issues in a timely manner while keeping the cost manageable.

Grant Lee Law 905-315-6837

Think About the Kids

Tue, 13 Aug 2024 12:54:40 GMT

When parents separate or divorce, the question of where children should live often becomes a contentious issue. While the legal framework allows for children to express their preferences, the weight given to their opinions can vary by jurisdiction. In many cases, courts consider a child’s age, maturity, and emotional well-being when determining their living arrangements. It's essential for parents to foster an open dialogue with their children, allowing them to share their feelings and thoughts without fear of judgment. Ultimately, creating a supportive environment helps children navigate this challenging transition and feel heard in the decisions affecting their lives.

At what age does their opinion matter

The age at which a child's opinion is taken into account varies significantly depending on local laws and the specific circumstances of each case. Generally, as children reach around 12 years old, many jurisdictions begin to consider their preferences more seriously, placing greater emphasis on their developmental maturity and ability to articulate their feelings. However, this does not mean that younger children's opinions are ignored; even at a younger age, their needs and desires can influence parental decisions. It is crucial for parents to assess their child's individual maturity level and foster discussions that allow them to express their thoughts, ensuring a collaborative approach to parenting post-separation or divorce. By doing so, parents can help their children feel valued and respected during a time of significant change.

The impact of parental choices on children

The decisions that parents make regarding custody and living arrangements can have lasting effects on a child's emotional and psychological well-being. Children often experience a range of emotions during and after their parents' separation or divorce, including sadness, anger, and confusion. When parents take the time to listen to their children's preferences and involve them in the decision-making process, it can foster a sense of security and agency. This approach helps to mitigate feelings of helplessness and encourages children to develop healthier coping mechanisms.

Moreover, maintaining open lines of communication can strengthen the parent-child relationship, providing children with a support system as they adjust to their new circumstances. Ultimately, prioritizing their children's emotional needs during this transition is essential for promoting resilience and adaptability in the face of change.

Strategies for supporting children through transitions

As parents navigate the complexities of separation or divorce, implementing strategies to support their children's emotional well-being becomes essential. One effective approach is to establish a consistent routine that offers stability amidst the changes. Maintaining familiar schedules for school, activities, and family time can help children feel secure and grounded. Additionally, parents should encourage their children to express their feelings openly, as validating their emotions can foster resilience and facilitate healing.

Another important strategy is to facilitate healthy relationships between children and both parents, reinforcing that love and support remain constant despite changes in living arrangements. Encouraging regular communication with the non-custodial parent can help children maintain a strong bond and provide them with a sense of continuity.

Furthermore, seeking professional support, such as family therapy or counselling, can be beneficial for both parents and children. These resources can provide guidance in navigating their emotions and offer constructive tools for managing stress during this challenging time. By prioritizing their children's needs and embracing open communication, parents can help them adjust more effectively to their new family dynamics.

If you have questions or there are issues regarding the kids’ custody arrangement, Grant Lee Law is here to assist you and your family using cost effective solutions with your needs in mind!

Grant Lee Law 905-315-6837

Obtain a Dirvoce in Ontario

Wed, 10 Jul 2024 17:07:08 GMT

Divorce can be an emotionally challenging process, but understanding the legal steps involved can help make it more manageable. If you're looking to obtain a divorce in Ontario, here's a comprehensive guide to help you through the process.

Understanding the Basics

Before you begin, it's important to understand some basic information about divorce in Ontario:

Residency Requirement: Either you or your spouse must have lived in Ontario for at least one year before you can apply for a divorce.

Grounds for Divorce: In Canada, the most common ground for divorce is living separate and apart for at least one year. Other grounds include adultery or cruelty.

Steps to Obtain a Divorce in Ontario

1. Decide on the Type of Divorce

There are two types of divorce applications in Ontario:

Uncontested Divorce: Both parties agree on all issues related to the divorce, such as property division, child custody, and support. This is usually quicker and less expensive.Contested Divorce: The parties cannot agree on one or more issues, and the court will need to make decisions on their behalf.

2. Gather Required Documents

You'll need several documents to start the divorce process, including:

Marriage Certificate: A copy of your marriage certificate is required. If you don't have one, you can obtain it from the province or country where you were married. Separation Agreement (if applicable): This document outlines the terms agreed upon by both parties regarding assets, custody, and support.

3. Complete and File the Application

To file for divorce in Ontario, you'll need to complete the following forms:

Form 8A - Application for Divorce

Form 6B - Affidavit of Service

Form 36 - Affidavit for Divorce

You can find these forms online on the Ontario Court Forms website.

After completing the forms, file them with the court. You'll need to pay a filing fee, which can be paid at the time of filing. If you cannot afford the fee, you may request a fee waiver.

4. Serve the Documents

Once you’ve filed your application, you need to serve the documents to your spouse. This can be done by a third party, such as a friend or a process server. Ensure you complete and file Form 6B (Affidavit of Service) to confirm that your spouse has been served.

5. Attend Court (If Necessary)

For an uncontested divorce, you may not need to appear in court. However, if your divorce is contested, you'll likely need to attend court hearings. The court will review your case and make decisions based on the evidence presented.

6. Obtain the Divorce Order

If everything is in order, the court will issue a Divorce Order. In the case of an uncontested divorce, this typically happens without a court appearance. The Divorce Order will legally end your marriage 31 days after it is granted.

7. Get Your Certificate of Divorce

After the 31-day period, you can request a Certificate of Divorce from the court. This certificate officially confirms that your marriage has been dissolved.

Tips for a Smooth Process

Seek Legal Advice: Consulting with a family lawyer can help you understand your rights and obligations, especially in contested cases.

Consider Mediation: If you and your spouse are struggling to reach an agreement, mediation can be a helpful way to resolve disputes without going to court. Stay Organized: Keep copies of all documents and correspondence related to your divorce. This will help ensure nothing is overlooked.

The divorce process in Ontario involves several steps, but understanding these steps can help you navigate it more smoothly. Whether your divorce is uncontested or contested, being prepared and seeking help from Angela and her team at Grant Lee Law will help you every step of the way and will answer any questions you may have. Angela Grant-Lee and her invaluable team are a phone call away at 905-315-6 837!

When is Mediation Necessary?

Fri, 14 Jun 2024 13:36:29 GMT

Navigating family law matters can be emotionally challenging and legally complex. In Ontario, mediation can serve as a critical tool for resolving disputes without the need for lengthy and costly court battles. But when exactly is mediation necessary, and how can it benefit those involved?

Understanding Mediation

Mediation is a voluntary and confidential process where a neutral third party, the mediator, helps disputing parties communicate and negotiate to reach a mutually acceptable agreement. Unlike a judge, the mediator doesn’t make decisions but facilitates discussions to help parties find common ground.

Situations Where Mediation is Necessary

1. Custody and Access Disputes

One of the most common scenarios where mediation is necessary involves custody and access disputes. Parents often have differing views on what arrangements are best for their children. Mediation provides a platform for parents to discuss their concerns and needs, focusing on the best interest of the child.

2. Division of Property

Disagreements over the division of marital property can become contentious. Mediation allows both parties to openly discuss their assets, debts, and financial needs to reach a fair distribution. This can include homes, investments, and personal belongings.

3. Spousal Support

Determining spousal support can be complex, involving various factors such as income disparity and the length of the marriage. Mediation can help both parties understand their financial situation and agree on a fair amount and duration of support.

4. Child Support

While child support guidelines exist, disputes may still arise regarding the amount or additional expenses like extracurricular activities and medical costs. Mediation can address these issues by considering the unique circumstances of each family.

5. Communication and Co-Parenting Issues

Effective communication is crucial for co-parenting. Mediation can help parents develop better communication strategies, set boundaries, and create co-parenting plans that minimize conflict and prioritize the well-being of the children.

Benefits of Mediation

Cost-Effective

Mediation is generally less expensive than going to court. It reduces legal fees and other associated costs, making it a more affordable option for many families.

Faster Resolution

Court processes can be lengthy, taking months or even years. Mediation typically results in quicker resolutions, allowing families to move forward with their lives sooner.

Confidentiality

Unlike court proceedings, which are public, mediation is a private process. This confidentiality can help protect the interests and privacy of all parties involved.

Control Over the Outcome

In mediation, the parties retain control over the final agreement. This often leads to more satisfactory outcomes, as both parties have had a say in the resolution process.

Improved Relationships

Mediation encourages cooperation and communication, which can lead to improved relationships post-dispute. This is particularly important in cases involving children, as ongoing cooperation between parents is crucial.

Mediation is a valuable tool in Ontario family law, providing a less adversarial and more collaborative approach to resolving disputes. Whether dealing with custody, support, or property issues, mediation offers a structured, confidential environment that can lead to fair and lasting agreements. If you're navigating a family law issue, considering mediation could be a beneficial first step.

If you need assistance, reach out to Angela Grant Lee and her team. They will help you navigate all the different parts of Family Law in the most affordable and collaborative fashion that will benefit you and your situation.

Angela Grant-Lee and her invaluable team are a phone call away at 905-315-6837!

Types of Visitation in Ontario

Mon, 13 May 2024 14:26:48 GMT

In Ontario, the legal system recognizes several types of visitation arrangements for non-custodial parents and their children. These arrangements are designed to ensure that the child has an opportunity to maintain a healthy and meaningful relationship with both parents, even after a separation or divorce.

Supervised Visitation: This type of visitation is ordered when the child's safety and well-being require that visits with the non-custodial parent be supervised by another adult or a professional agency.

Unsupervised Visitation: The most common form of visitation, unsupervised visitation allows the non-custodial parent to spend time with their child without the need for supervision. This arrangement is used when the parents can come to an agreement on visitation schedules and the court believes there is no risk to the child.

Virtual Visitation: An increasingly popular form of visitation, virtual visitation uses technology such as video calls and instant messaging to allow non-custodial parents and their children to communicate. This can be particularly beneficial when geographical distances make in-person visits challenging.

Therapeutic Visitation: This is designed for situations requiring intervention to repair or establish a healthy parent-child relationship. It often involves supervised visits that are conducted in the presence of a mental health professional who provides guidance and support.

Each type of visitation is tailored to the specific needs of the child and the family's circumstances, with the child's best interests at the forefront of any decision.

Can Visitation Type be Changed?

Yes, the type of visitation can be changed if circumstances warrant an adjustment to better serve the child's needs and interests. You’re best to talk to the knowledgeable team at Grant Law when it comes to changing the visitation agreement. Changes to visitation arrangements can occur due to various reasons, such as a change in the non-custodial parent's living situation, improvements in their ability to care for the child, or significant changes in the child's needs as they grow older.

To modify an existing visitation order, a parent must typically file a motion with the court that originally issued the visitation order. The request for modification will require the parent to demonstrate that there has been a material change in circumstances since the last order was issued and that the proposed change is in the best interest of the child.

The court may require evidence supporting the request and, in some cases, may order an evaluation or seek input from a child welfare expert before making a decision.

When it comes to anything family law related, know that Angela Grant Lee has the experience and expertise to assist you. Reach out by calling Angela Grant-Lee and her invaluable team are a phone call away at 905-315-6837!

Let Us Help You

Tue, 09 Apr 2024 17:18:11 GMT

Family law covers a broad range of legal issues, most of which are intimately connected with the relationships and interactions within a family. A proficient family law firm can provide indispensable guidance and representation in various situations such as:

Divorce and Separation: Assisting clients through the legal processes involved in terminating a marriage or partnership, including the equitable division of assets, debt allocation, and navigating the emotional complexities of such proceedings.

Child Custody and Visitation Rights: Offering legal expertise in disputes or agreements over the legal and physical custody of children, ensuring the child’s best interests are prioritized while also respecting parental rights and responsibilities.

Child Support: Determining the financial support required from an absent parent to contribute towards the child's living expenses, ensuring compliance with state guidelines or agreements.

Spousal Support: Guiding through the negotiation or litigation process to establish fair spousal support (alimony) arrangements during and following a separation or divorce.

Adoption: Facilitating the legal process of adopting a child, including step-child adoption, ensuring all legal requirements are met for a smooth and secure addition to the family.

Domestic Violence: Providing legal protection for victims of domestic violence, helping them to obtain restraining orders and addressing any related family law issues such as child custody or divorce proceedings.

Prenuptial and Postnuptial Agreements: Crafting agreements before or after marriage that define the division of assets and financial responsibilities in the event of a separation, divorce, or death, protecting individual interests.

Navigating these issues often involves complex legal procedures and emotionally charged negotiations. Grant Lee Law can offer the necessary legal expertise, support, and discretion to manage these sensitive matters effectively.

In addition to the core services listed above, family law firms often address matters related to Estate Planning and Wills. Planning for the future and safeguarding your family's financial security is essential, and a family law attorney can help draft wills, establish trusts, and create estate plans that reflect your wishes and provide for your loved ones. Estate planning is a fundamental aspect of family law that ensures your legacy is preserved and your family is protected after your passing.

Let Angela Grant Lee and her team help you with all your legal Family Law needs. The team at Grant Lee Law has a lot of experience and are more than happy be in your corner!

Grant Lee Law 905-315-6837

Can I Change my Separation Agreement?

Mon, 01 Apr 2024 17:04:37 GMT

In Ontario, modifying a separation agreement can be feasible but requires mutual consent from both parties involved. It's fundamental to understand that once a separation agreement is signed, it becomes a legally binding contract. Therefore, any changes or adjustments require careful negotiation and agreement from both spouses. Typically, this involves revisiting the terms and seeking legal counsel to ensure that any amendments are legally valid and reflect the current intentions and circumstances of both parties.

If circumstances have significantly changed since the original agreement was made, such as changes in income, marital status, or living arrangements, these changes may provide a basis for revising the agreement. It’s crucial for both parties to openly discuss their current situations and come to a mutual understanding before proceeding with any legal modifications.

Documentation supporting the changes, such as financial statements or evidence of a change in living circumstances, should be prepared to facilitate the process. Engaging in mediation may also be a helpful step towards reaching an agreement, as it provides a structured environment for negotiation with the assistance of a neutral third party.

Once both parties have reached an agreement on the modifications, it's imperative that these changes are formalized in writing. This typically involves drafting a new document or an amendment to the original separation agreement that outlines the agreed upon adjustments. It’s highly recommended to seek assistance from a family law attorney, like Angela Grant Lee, to ensure the document complies with Ontario’s legal standards and fully captures the intent of both parties.

This step is crucial not only for the enforceability of the agreement but also to prevent potential disputes in the future. After finalizing the document, both parties should sign it, preferably in the presence of a witness, to solidify its legal standing. Remember, it’s essential to keep updated copies of this document for your records, as it represents the current terms governing your separation.

While it is possible to change a separation agreement in Ontario, it requires careful consideration and mutual consent from both parties. It’s crucial to approach any modifications with transparency, honesty, and proper legal guidance from a Family Law Attorney to be sure the changes accurately reflect the current circumstances and foster a fair resolution for all involved. Remember to keep open communication with your former spouse and seek professional assistance.

Angela Grant Lee and her team at Grant Lee Law will help you get the Separation Agreement to suit your needs,

call today 905-315-6837!

How is Child Custody Decided?

Fri, 09 Feb 2024 16:55:27 GMT

Child custody decisions are often complex and are determined based on the best interests of the child. Courts consider various factors, including the child's age, health, and emotional bonds with each parent, as well as the parents' ability to provide for the child's needs and their willingness to support the child's relationship with the other parent. The child's own wishes may also be taken into account if they are of sufficient age and maturity. The goal is to ensure a stable, loving, and safe environment for the child.

In many cases, family courts prefer to award joint custody, which enables the child to maintain strong relationships with both parents post-divorce. This arrangement requires parents to work collaboratively in making major decisions affecting the child’s welfare. Nonetheless, sole custody may be determined when it appears to be in the child’s best interest, especially in instances where one parent may be deemed unfit due to reasons including substance abuse, a history of violence, or an inability to provide proper care. Custody evaluations by neutral professionals may play a vital role in the court’s decision, providing insight into the parenting capabilities and the child’s needs.

Enlisting the help of Grant Lee Law can be invaluable when navigating the complexities of child custody. A skilled attorney can provide guidance through the legal process, advocate on your behalf, and help ensure that your rights are protected while also prioritizing the best interests of your child. With knowledge of family law and experience in custody cases, a lawyer can help in negotiating custody arrangements and parenting plans, handle court communications, and represent you during mediation sessions or court hearings. It's important to choose an attorney who is not only experienced but also someone you feel comfortable working with, as they will be a critical ally during what can be a challenging period.

The primary types of child custody recognized in family law include:

Physical Custody: This refers to where the child will live and with which parent. The parent with physical custody provides the day-to-day care for the child.

Legal Custody: This involves the rights and responsibilities associated with making major decisions affecting the child's welfare, including choices about education, medical care, and religious upbringing.

Sole Custody: Sole custody means one parent has either sole legal custody, sole physical custody, or both. This parent makes important decisions regarding the child's life and is the child's primary caretaker.

Joint Custody: Also known as shared custody, this arrangement allows both parents to have significant roles in the child's life. Joint custody can be divided into joint legal custody, joint physical custody, or both, meaning parents share in the day-to-day upbringing and in making significant decisions.

Split Custody: This is less common and involves siblings being split up, where one parent has full custody over some children, and the other parent has custody over the remaining siblings.

Understanding these distinctions is crucial when seeking a custody arrangement that serves the best interest of the child.

If you need help with your child’s custody arrangement know that Grant Lee Law is here to help. Angela Grant-Lee respects your needs and financial situation.

Angela Grant-Lee and her invaluable team are a phone call away at 905-315-6837!

Should I Revisit My Separation/Divorce Agreement?

Mon, 08 Jan 2024 14:58:06 GMT

Separation and divorce are tough decisions to make, but sometimes they are necessary for personal growth and happiness. The agreement between the parties is a crucial part of any separation or divorce. This agreement outlines the division of assets, the arrangements for child custody, and the determination of spousal support. But, what happens when circumstances change, and you start to question whether the agreement you came to is still fair?

However, as life goes on, circumstances may change, making it necessary to revisit your separation/divorce agreement. In this blog post, we will explore whether revisiting your separation/divorce agreement is a good idea.

5 Reason why you Should Revisit your Separation/Divorce Agreement:

Changes in Financial Circumstances

One of the most common reasons for revisiting a separation/divorce agreement is a significant change in financial circumstances. For example, you or your ex-spouse may have lost their job, had a significant reduction in their income, or received a big promotion. These changes can have a significant impact on the amount of money you pay or receive for spousal and child support. Therefore, you may need to make adjustments to your agreement.

A revision can help ensure a more equitable division of assets and liabilities. It can also address any changes in financial responsibilities, such as a child's education or medical expenses. Reviewing your agreement ensures that both parties receive fair and suitable support based on their new finances. It is important to regularly review the agreement to ensure fairness and suitability for both parties. This helps to maintain a balanced and equitable arrangement.

Relocation

If you or your ex want to move, you may need to look at your separation/divorce agreement again. This is particularly important if you have children, as relocation can impact custody arrangements and visitation schedules. The agreement should explain how to handle moving, like getting permission or going to court.

It is essential to have a plan in place that works for everyone involved. When considering a move, it is important to think about several factors. This includes the distance of the move and how to travel to see family. Additionally, one must consider how the move might impact the children's schooling and daily routines. It may also be helpful to discuss any concerns or disputes with a mediator or lawyer.

Changes in Your Children's Needs

As your children grow and their needs change, their custody arrangements may also need to be revisited. For example, if your child has started playing a sport that requires several hours of practice a day, it may be necessary to adjust your visitation schedule to accommodate this.

Additionally, it may be necessary to adjust child support payments if your child's needs have changed. Remember to talk openly with your child's other parent and think about what's best for your child when making these changes.

Cultural Sensitivity

When navigating custody arrangements, it is important to be culturally sensitive and understanding. This may include respecting holidays, traditions, and customs that are important to your co-parent's culture or religion.

Respect cultural differences in parenting and co-parenting well while still honoring each other's beliefs. Talking and finding a middle ground are important to help your child feel accepted in their different cultures.

Emotional Healing

Finally, it may be necessary to revisit your separation/divorce agreement for emotional healing. If you still feel bitterness or anger towards your ex-spouse, it may be hard to move on from the past. Reviewing your agreement can help you find closure and move forward, especially if it wasn't fair in the first place.

Taking care of your emotions sets a good example for your child and makes co-parenting healthier. Remember to focus on the present and future, rather than dwelling on the past.

If there have been significant changes since your separation/divorce agreement , it is advisable to review it once more. It is important to consider revisiting your separation/divorce agreement if there have been substantial changes. If there have been considerable changes since your separation/divorce agreement, it would be beneficial to reassess it. Taking into account any significant changes since your separation/divorce agreement, it may be wise to reexamine it.

Angela Grant Lee will gladly assist you if feel your Agreement needs to be looked at and may need a revision. Both parties must agree on any changes made, and a family lawyer should assist in making these changes. Reviewing your agreement can help you find closure. It can also help you move forward in life. Additionally, it can create a brighter future for you and your loved ones. Grant Lee Law is affordable and you will pay only for the service you need.

Call Grant Lee Law at (905) 315-6837 to book your consultation.

Finalizing Your Parenting Plan is a Must After Separation or Divorce

Tue, 05 Dec 2023 18:30:59 GMT

Breaking up or divorcing can be tough, especially if you have kids. After deciding to separate, finalizing your parenting plan is important. A parenting plan is a legal document. It explains how you and your ex-partner will share custody. It also explains how you will prioritize your children's well-being.

Guide to the Best Parenting Plan

This blog post will discuss the importance of completing your parenting plan after separating or divorcing. It will also guide how to accomplish this task.

Co-Parenting Structure:

The biggest advantage of having a parenting plan is that it provides a clear understanding of co-parenting. It defines the specific responsibilities and expectations of each parent. Both parents are aware of how the children will be raised.

This includes details such as who will take them to the doctor and where they will go on holiday. I also set out a plan for dealing with conflicts that may arise.

Financial Expenditure:

Parenting plans can help parents divide their financial expenditure to best support their children. This includes setting out which parent will pay for what expenses, such as medical bills or school tuition. It also includes how the costs of raising the children will be divided between both parents.

Future Adjustments:

Having a parenting plan in place allows for easy adjustments to evolve changes in each person’s life circumstances. The plan can be updated if there are changes due to a new job or moving. This ensures that everyone is in agreement and moving forward together.

Legal Advice:

Having a contract prevents confusion and conflict between co-parents by clarifying arrangements and avoiding mixed messages. It helps create stability for your children. Changes to family dynamics can be stressful and unsettling for children. However, having a solid parenting plan in place can provide structure and routine that helps to create stability.

Minimize the Impact of Separation:

It is important to lessen the impact of separation on your children. A well-crafted parenting plan can help to alleviate some worries and questions that may arise during this time. This involves setting rules for parents, making a plan for visits, and agreeing on how to resolve conflicts. When making a parenting plan, consider all care aspects, such as physical and emotional needs.

Finalizing your parenting plan should be a priority when it comes to separation or divorce. Let the team at Grant Lee Law help. When emotions are strong, it can be difficult to agree on arrangements. Working with a family lawyer like Angela Grant-Lee is important for creating a strong document that benefits everyone.

A good parenting plan reduces fights and helps kids by providing a sense of security and stability. It should address all aspects of parenting, from day-to-day decisions to major events like holidays and vacations. Grant Lee Law offers the tools to make a personalized agreement for your special family situation.

Angela Grant-Lee helps families with parenting plans. Trust her for advice on creating a successful plan. Grant Lee Law offers the tools to make a personalized agreement for your special family situation. By ensuring it's suitable for all, you can guarantee your kids' well-being now, in the future, and always. Let us help you create a great co-parenting relationship today!

Grant Lee Law…(905) 315-6837

Should I Hire a Lawyer to Help Me Obtain a Divorce in Ontario?

Mon, 06 Nov 2023 16:44:39 GMT

5 reasons why you should hire a Divorce lawyer in Ontario

Getting a divorce is never an easy decision to make, but sometimes it's the best option for everyone involved. If you are thinking of getting a divorce in Ontario, then you might be wondering whether you should hire a lawyer to help you through the process. In this blog post, we will explore the benefits of hiring a lawyer when seeking a divorce in Ontario, and why it is usually the best choice to make.

1. Legal Advice about Divorce in Ontario :

One of the most important benefits of hiring a lawyer when seeking a divorce is legal advice. Angela Grant Lee will help you understand your legal rights and responsibilities as well as give you advice on what courses of action can be taken during the process. They can provide support to protect your interests, including property rights, child custody visitation with children, and spousal support. She can also help you understand the legal requirements and procedures that must be followed when filing for a divorce in Ontario.

2. Division of Assets:

One of the most contentious parts of a divorce proceeding is the division of assets. A lawyer can help ensure that all assets are taken into consideration and are divided fairly based on Divorce laws in Ontario . They can help with issues around pensions, RRSPs, homes, and other marital assets.

3. Filing Process:

Filing for a divorce can be a complicated and lengthy process, with many steps to follow and terms to understand. Certain time limits must be adhered to and specific documents must be filed with the court. A lawyer can help with preparing the required documents and filing them within the required time frame thus avoiding delays or potential legal issues down the road.

4. Mediation and Negotiation:

If you and your spouse are seeking to resolve your divorce without going to court, it is essential to have someone on your side who has experience in negotiation and mediation. A lawyer can help facilitate this process, by assisting you in negotiations, and mediation to ensure that your rights and interests are protected.

5. Emotional Support from Lawyer:

Lastly, a lawyer can provide emotional support during a stressful and trying process. Going through a divorce can be an emotional time, and having a lawyer assist you through it can relieve much of the stress and anxiety associated with the legal process. A good lawyer will be approachable, provide an ear, and regularly keep you informed of the case's progress.

Divorce proceedings are never easy, but they don't have to be difficult if you have the right guidance from Grant Lee Law. Seeking help from an experienced family lawyer can make the whole process smoother, and less stressful and help you obtain the results that are in your best interest. Whether you require legal advice, assistance with filing, mediation, or negotiation, all to make the process go smoother and avoid mistakes that could be costly in the future, consider hiring Angela Grant Lee to guide and support you through the process of obtaining a divorce in Ontario and realize that you have made the right choice.

Are you ready to start your divorce proceedings? Call Grant Lee Law for help and advice! Help phone call away at (905) 315-6817!

Putting Kids First: Why Children Should Come First in a Separation Agreement

Fri, 20 Oct 2023 13:29:57 GMT

Children Play a Major Role in Separation Agreement

Divorce or separation can be an emotionally draining process for all parties involved. It can be difficult to navigate through the details of the legal proceedings, divide assets, and come to an agreement on custody arrangements. However, when it comes to creating a separation agreement that involves children, it's important to make sure that their needs and well-being are always the top priority. Let’s explore why children should come first in a separation agreement.

We'll discuss the key factors that parents need to consider when creating a custody arrangement, as well as ways to help children cope and adjust to the changes that come with a divorce or separation. Ultimately, by prioritizing the needs of children, parents can help to create a more positive outcome for all parties involved.

The Emotional Needs of Children:

When parents go through a separation or divorce, it can have a profound impact on children's emotional well-being. Children may feel a sense of loss, confusion, or even anger. It's important for parents to recognize the emotional needs of their children and to create a custody arrangement that considers these needs. For example, children may benefit from spending equal time with both parents, as long as this arrangement enables them to maintain a sense of stability and routine in their lives.

The Practical Considerations of Custody:

In addition to emotional needs, parents need to consider the practical aspects of custody arrangements. This might include practical considerations such as school schedules, the availability of caregivers, and transportation logistics. Parents should strive to create a custody arrangement that is practical and realistic, while also providing children with a stable and nurturing environment.

The Importance of Open Communication:

Children need to feel heard and understood during the separation process. Parents need to communicate with their children in a way that acknowledges their feelings and concerns. Encouraging open communication can help children to feel more comfortable sharing their thoughts and feelings about the situation. Parents should also speak respectfully about each other in front of the children, as this can help to set a positive tone for the separation agreement.

Children going through a separation or divorce may benefit from access to outside support networks. This might include counseling, support groups, or other activities that provide children with a safe and nurturing environment. Parents can work together to identify resources that may be available to their children and provide them with access to these resources.

Navigating the legal process:

Ultimately, creating a separation agreement that prioritizes the needs of children requires legal help from experts in family law. With the help of a qualified lawyer, parents can navigate the complex details of the legal process, ensure that all necessary documents are filed correctly, and create a custody arrangement that is in the best interests of their children.

Divorce or separation can be a challenging process, but prioritizing the needs of children can help to ensure a smoother transition. By taking into account the emotional needs of children, considering practical arrangements, encouraging open communication, providing support networks, and working with legal experts, parents can create a separation agreement that prioritizes the well-being of their children. Ultimately, this can lead to a more positive outcome for all parties involved, and help to provide children with the stability, love, and care that they need during a difficult time. Navigating co-parenting after a separation can be tricky, but with a parenting plan in place, you can reduce the stress and potential for conflict, promote consistency, and ultimately prioritize your children's well-being . A parenting plan is about more than just legal requirements but is about creating a structured environment for your children that promotes their safety, security, and overall happiness. So, if you are going through a separation, don't forget to work together with your co-parent to create a parenting plan that works best for everyone involved. Angela at Grant Lee Law will help form a plan that will work for all parties affected by parental separation. Grant Lee Law has a team that will work with you and your partner to resolve parenting conflicts out of court. Angela and her team are always accessible and will support you as your parenting plan is being formulated.

For all your Family Law needs, Grant Lee strives to resolve conflict with your budget in mind. Talk to Angela Grant-Lee today! Just call 905-315-6837 or complete the form online.

Why a Parenting Plan is Essential After a Separation???

Fri, 22 Sep 2023 18:19:42 GMT

5 Essential Reason why you need a Parenting Plan

Separation or divorce can be a challenging time for parents and children, and one of the critical decisions to make is how to co-parent your kids. A parenting plan is an agreement that outlines how co-parenting will work after separation or divorce. It is a written document that covers essential aspects like living arrangements, visitation, and decision-making responsibilities. Parenting plans are becoming more common as couples recognize the benefits of working together and building a solid co-parenting relationship. In this blog post, we will discuss why a parenting plan is essential after separation. The team at Grant Lee Law will help you come up with a parenting plan.

1. Clear Guidelines and Expectations

A well-written parenting plan provides clear guidelines and expectations for both parents, which leads to better communication and cooperation. It minimizes misunderstandings, disagreements, and confusion, which helps make co-parenting smoother.

2. Parenting Plan will help in Minimizing the Conflicts

When a parenting plan is agreed upon, it sets a clear course of action that both parents must follow. This minimizes the chances of conflicts arising between parents, reducing the chances of your children being caught in the middle.

3. Promotes Consistency after Divorce

When children experience the consistency of parenting time, they feel more secure. A parenting plan ensures that parenting time is regular and consistent, providing stability and routine in children’s lives.

4. Promotes Positive Long-Term Relationships

A parenting plan shows your children that you are willing to work together for their best interests. This can help promote positive long-term relationships between parents, reducing the negative impact of separation on children.

5. Parenting Plans are Customizable to Your Family’s Needs

The beauty of a parenting plan is that it is customizable to your family’s needs. It can incorporate unique elements that make sense for your family, including specific holidays, vacations, and activities.

Navigating co-parenting after a separation can be tricky, but with a parenting plan in place, you can reduce the stress and potential for conflict, promote consistency, and ultimately prioritize your children's well-being. A parenting plan is about more than just legal requirements but is about creating a structured environment for your children that promotes their safety, security, and overall happiness. So, if you are going through a separation, don't forget to work together with your co-parent to create a parenting plan that works best for everyone involved. Angela at Grant Lee Law will help form a plan that will work for all parties affected by parental separation. Grant Lee Law has a team that will work with you and your partner to resolve parenting conflicts out of court. Angela and her team are always accessible and will support you as your parenting plan is being formulated.

For all your Family Law needs, Grant Lee strives to resolve conflict with your budget in mind. Talk to Angela Grant-Lee today ! Just call 905-315-6837 or complete the form online.

Parenting Plan for Later School Age Children: 10 to 12 Years of Age

Wed, 02 Aug 2023 14:55:26 GMT

In this post we will go through the developmental stage and appropriate parenting plan for later school age children who are defined as being the age of 10 to 12 years old...

Hello readers,

In the first blog post of the series, “ How a Child’s Developmental Age Can Impact the Parenting Plan” , we discussed how the Association of Family and Conciliation Courts (AFCC-Ontario) created the Parenting Guidelines. These Guidelines take into consideration research conducted on how a child’s age and development stage is affected by separation. The guidelines are meant to help parents and professionals create the best child-focused parenting plan according to their circumstances. In the last post, we discussed the appropriate parenting plan for early school age children, defined as those who are 6 to 9 years of age.

In this post we will go through the developmental stage and appropriate parenting plan for later school age children who are defined as being the age of 10 to 12 years old. At this age, children are getting ready to start their journey into puberty and adolescence. With this, they become more independent and have a greater understanding of time and can appreciate future plans and schedules. They are focused on building their confidence as they learn from their experiences and compete in different activities.

The parenting plan needs to focus on the child’s activities and social life, and this should be maintained with both parents. It is important when making the parenting plan schedule, that parents take into account the child’s interests and activities, and work around them. Children at this age may get along better with one parent than the other, especially in cases of high conflict between the parents. Parents need to be aware of their own behaviour and should not influence or impact the relationship between the child and the other parent. In high conflict situations, it is common for the child to support one parent and refuse contact with the other. If this is the case, it is important that the parent with whom the child gets along with, ensures that the child follows the parenting plan unless both parents agreed to a change in the plan. If one of the parents tries to interfere with the other parent’s relationship with the child, or reduce the time the child and parent spend with one another, then intervention by a professional or the courts may be required.

Parenting plan schedules should be made in a way such that they encourage children to develop social bonds, participate in extracurricular activities and build their skills. This requires work from both parents to ensure that the child is able to maintain these relationships and activities. Children should have frequent contact with both parents and should have some overnight time or dinners during the school week as well as some time on the weekend with each parent. It is important that parents allow children to express their feelings and views, but ensure that the child understands that the parents will make the final decision. Parenting plans can vary as some children may have alternate weeks with each parent or may develop a 5-5-2-2 plan. Some children like to maintain a “home base” with one parent with alternate weekends and one overnight during the week with the other parent. This may be due to school, maintaining relationships or living arrangements. In this case, the child is not refusing to contact the other parent and this does not mean that the child does not want to spend time with them. However, there are times where the child may become closer to one parent than the other, and may not want to maintain contact with the other parent. If this occurs, it is important that all members of the family, being the child and the parents, deal with this accordingly. It is important that both parents ensure that the child has a strong relationship with the other parent.

For more information, you can find a link to the Parenting Guide here: https://afccontario.ca/wp-content/uploads/2021/12/AFCC-O-Parenting-Plan-Guide-Version-2.0-December-2021-.pdf . You can also find the parenting plan template here: https://afccontario.ca/wp-content/uploads/2021/12/AFCC-O-Parenting-Plan-Template-Version-2.0-December-2021.pdf .

To note, the above should not be taken as legal advice, and if you have any questions or concerns about your case please speak to a lawyer. To find out how we can help you with your matter, please visit our website at https://www.grantleelaw.ca/ or call us at 905-315-6837 to book your consultation now.

Parenting Plan for Babies: 9 to 18 Months of Age

Wed, 12 Jul 2023 18:58:25 GMT

In this post we will go through the developmental stage and appropriate parenting plan for babies who are defined as from the age of 9 to 18 months...

As discussed in the previous blog post “ How a Child’s Developmental Age Can Impact the Parenting Plan ” and “ Parenting Plan for Infants ”, we discussed how the Association of Family and Conciliation Courts (AFCC-Ontario) created the Parenting Guidelines. These Guidelines take into consideration research conducted on how a child’s age and development stage is affected by separation. The guidelines are meant to help parents and professionals create the best child-focused parenting plan according to their circumstances. In the last post, we discussed the appropriate parenting plan for infants, defined as those from birth to 9 months.

In this post we will go through the developmental stage and appropriate parenting plan for babies who are defined as from the age of 9 to 18 months. In this stage, the baby’s development is rapid, and the baby will increase their motor and communication skills, begin expressing emotions, and start understanding actions around them. The baby should have a consistent schedule of waking, sleeping, and eating in order to develop self-regulation and self-soothing skills.

When making a parenting plan, the regular routine of a baby needs to be taken into consideration. According to the Guidelines, when developing a parenting plan for babies, the following factors should be taken into consideration:

· the amount of prior involvement each parent had with the baby, including

caretaking routines and experience with childcare activities;

· the ability of each parent to be responsive to the baby’s needs;

· the baby’s emotional, social, physical, and cognitive development; and

· the baby’s temperament.

Some babies have a difficult time transitioning between parents during this stage, and if this is the case, then it may be necessary for the baby to stay with one parent while having regular contact with the other parent. The regularity of the contact will depend on the availability of the parent, as well as the temperament and sensitivity of the baby towards the adult. If both parents had consistent care of the baby before separating during the 9 to 18 months, then it may be appropriate to have a shared parenting arrangement whereby the baby will split their time every couple of days with either parent. If one of the parents was less involved in the parenting and childcare time before the parties separated, then this parent needs to be actively involved in the baby’s childcare routine such as feeding the baby, bathing, and putting the baby to sleep. The parent should visit their baby at least every few days and increase their time spent with the baby. If the parent is responsive to the baby’s needs and can maintain the baby’s schedule, then the parent may be able to care for the baby overnight.

It is recommended that the parents keep a communication log about the baby’s eating, sleeping and developmental changes. Parents should exchange the log after every visit. It is also important that the parents remain respectful and neutral towards each other, as a baby can become stressed if the parents argue in front of the baby. It is important to remember that babies are attuned to the emotions and can sense the tension between the parents. When developing a parenting plan for the baby, it is important to remember that the plan must be in the best interest of the baby and must take into account their schedule and development.

You can find a link to the Parenting Guide here: https://afccontario.ca/wp-content/uploads/2021/12/AFCC-O-Parenting-Plan-Guide-Version-2.0-December-2021-.pdf . You can find the parenting plan template here: https://afccontario.ca/wp-content/uploads/2021/12/AFCC-O-Parenting-Plan-Template-Version-2.0-December-2021.pdf .

Parenting Plan for Infants: Birth to 9 Months

Wed, 12 Jul 2023 17:30:43 GMT

Research has shown that infants can have strong relationship with multiple caregivers and this is seen as a protective factor by the infant...

As discussed in the previous blog post “ How a Child’s Developmental Age Can Impact the Parenting Plan ”, we discussed how the Association of Family and Conciliation Courts (AFCC-Ontario) created the Parenting Guidelines in accordance with a child’s age and development stage. These guidelines are meant to help parents and professionals create the best child-focused and realistic parenting plan according to their circumstances. As a reminder, a parenting plan is a plan created by former partners who have separated, and the focus of the plan is to determine how the child(ren) will be raised. This includes decision-making responsibility, and parenting time.

In this post we will discuss how the parenting plan should be created if there is a newborn infant. In this case, the definition of an infant is from birth to nine months. Studies have found that infants grow and learn at a fast pace. From the age of two to seven months, infants are able to recognize and grow psychologically attached to caregivers who provide care regularly. As they grow, the infant will play and have stimulation with the adult. They recognize that the adults who provide them with regular care will continue to provide for them and that their needs will be met by the adults they are with. Caregivers need to have the emotional availability and the skills to care for the infant and understand the needs of the infant. Studies have shown that consistent and positive care in a child’s life is important for their emotional and brain development. Research has also shown that infants can have strong relationship with multiple caregivers and this is seen as a protective factor by the infant.

When creating a parenting plan, if one parent is the infant’s primary caregiver and the other parent has not dealt with the infant regularly, and has not developed the capacity to care for the infant nor developed a relationship with the infant, it is important for the parent to do so. The parent must be able to develop a relationship with the infant, and develop the skills to care for the child before they are able to care for the infant on their own. It is important that the parent has short periods of frequent contact in order to develop a connection and familiarity between the infant and the parent. The primary caregiver needs to support this connection, and should understand that it is in the child’s best interest and is creating healthy child development. The parent should visit the child for a few hours at the primary caregiver’s home for short parenting time regularly. During this time, the parent needs to be involved in caretaking activities such as feeding, playing, soothing, and putting the infant to sleep. Once a bond develops, the parenting time may extend to longer hours and overnight stays. There are recommendations that an infant should be breastfed for the first 6 months, but some believe that it will impact the parenting time for the other parent. However, there are accommodations that can be made for the other parent who is not breastfeeding. For instance, the non-breastfeeding parent can feed the infant though a bottle.

It is important that parents communicate with each other about the infant’s needs and routines such as feeding and soothing the baby. Parents should have a communication log to exchange after each parenting time. This log will have information on the infant’s eating, sleeping, health and other developments and milestones that need to be shared. If the parents are unable to communicate about the infant, or if the parent cannot gain the skills to care for the infant, then the infant may need to stay with the primary caregiver. However, the other parent will need to maintain regular contact with the infant. If the parties are in conflict, a third party may need to assist in transitioning the infant from one parent to another, as infants are impacted by this conflict. It is important that either parent is not away from the infant for more than a few days as infants develop a preference for caregivers. To understand the needs of the infant, parents may find it helpful to consult with pediatricians or parenting professionals. If parents are unable to communicate, or the infant is not accepting of the changes between the parents, it may be necessary for the infant to stay with the primary caregiver while the other parent maintains regular contact.

How a Child’s Developmental Age Can Impact the Parenting Plan

Mon, 10 Jul 2023 18:28:17 GMT

A parenting plan is a plan created by former partners who have separated, and the focus of the plan is to determine how the child(ren) will be raised.

As discussed in previous blog postings, a parenting plan is a plan created by former partners who have separated, and the focus of the plan is to determine how the child(ren) will be raised. This includes decision-making responsibility, and parenting time. Decision-making responsibility refers to the parent making fundamental decisions regarding the upbringing and health of a child, and the right to make all final decisions. Parents will also have to determine the parenting time arrangement between the parties which refers to the right to spend time with the child for a certain period.

The Ontario counterpart of the Association of Family and Conciliation Courts (AFCC-Ontario) created the Parenting Guidelines. These guidelines are meant to help parents and professionals create the best child-focused and realistic parenting plan according to their circumstances. The Guidelines provide guidance on how to improve communication between the parties, and focuses on creating an arrangement that is best for the child. When doing so, they take into consideration the child’s age and their developmental stage. These Guidelines are not binding, but are informative and are based on child development research and how children are impacted by separation and divorce.

As reproduced from the Guide, when parents have separated, research shows some of the following results:

· Children do best in both the short-term and the long-run when they feel loved and cared for by both parents.
· Children generally do better when both parents have stable and meaningful involvement in their children’s lives.
· The strength of a parent’s relationship to a child is affected more by parental commitment, warmth and the ability to meet the child’s needs than it is by the amount of time spent with the child.
· Each parent has different and valuable contributions to make to their children’s development.
Parenting plans will need to be adjusted over time as the needs and circumstances of parents and children change.

The Guide also speaks to how conflict can impact children and provides a guideline on the advice professionals have, some of which include the following:

· Parents should not make children feel that they have to “choose” between the parents.
· Each parent should strive to have a respectful relationship with the other parent.
· Each parent should support the child’s relationship with the other parent.
· A parent should not make derogatory comments about the other parent in the presence of the child or when a child may overhear them.
· Children should not be expected to communicate messages between parents.
· Parents should exchange the children without arguing and by acknowledging each other in a polite way.
· A parent should allow their children to attend important family celebrations and events with the other parent.
· While parents should acknowledge that there may be differences between their two homes, it is preferable to refer to these as "differences," and not as "better" or "worse".

The underlying theme of the Guidelines focuses on the need for parents to learn how to cooperate for the best interests of the child. They advise on co-parenting and mutual support between the parents and focus on the importance of communication between the parties for the well-being of the child. The Guidelines advises the parties on the developmental stages and needs/capabilities of children across various ages, and how the developmental stages may be taken into consideration when creating a parenting plan.

For instance, the needs and requirements that a child has in their first 3 years are different from the needs and requirements that a child needs at the age of 8. Given their age and development stage, the parenting plan will change as the child’s needs are examined. In a case involving a dispute over parenting time, the Judge used the research conducted from the Guidelines, and ordered that a father’s time with his 4-and-a-half-year-old child increase from 4 to 5 days bi-weekly. The Judge stated that the Parenting Guide provided helpful information to the court and would be helpful as the child develops. The Parenting Guidelines also provide parties with a Parenting Plan Template to help them create a parenting plan. Within the template, there are various provisions that parties can include or choose to exclude, and the guidelines offer different schedules that the parties may wish to incorporate such as “Alternating Weekends and One Overnight Per Week with One Parent, Rest of Time with the Other Parent”, or “Shared Equal Time: Split-Week (2-2-5-5) Rotation”. The Guide also discusses topics such as children’s personal items, virtual parenting time, time with other significant adults, amongst other topics that may be beneficial for parties to consider.

Domestic Contracts

Wed, 28 Jun 2023 17:14:24 GMT

There are 4 main agreements that will be discussed in this blog post...

There are various contracts/agreements within family law that parties can create with each other before and after being in a relationship with one another. There are 4 main agreements that will be discussed in this blog post. These are the following:

1. Marriage contract/prenuptial agreement

2. Cohabitation agreement

3. Separation agreement

4. Parenting agreement

Marriage Agreement/Prenuptial Agreement

A marriage agreement or prenuptial agreement as it is sometimes called, is a domestic contract that is governed by Ontario’s Family Law Act. Parties may decide to create and sign a marriage agreement depending on their financial circumstances, and property arrangements. If a contract is not created, then at the time of separation, Ontario laws regarding property and support will come into play and parties may have to negotiate other arrangements if they do not wish for their issues to be resolved in this manner. When preparing a marriage contract, both parties will need to exchange financial disclosure. This includes information on income, assets,

and liabilities, and will require disclosure as evidence. Under certain circumstances, the court may rule that the contract can be set aside. If a party fails to disclose significant assets or liabilities at the time the contract was formed, then the contract may be deemed as unenforceable. It is also important to note that there are certain areas that may not be enforceable, such as child support. If terms of the agreement become unconscionable, this may also allow for a court to set aside the provisions. An example of this may be a provision that removes spousal support. If the parties agree that spousal support shall not be provided by one party to the other, the court may determine that this is unconscionable based on the circumstances of the parties at the time.

If parties agree that a marriage contract is a step that they would like to take, it is important to note that each party will need to get independent legal advice on the contract. Although one party’s lawyer may prepare the contract, it is necessary for the other party to get advice from their own lawyer. A lawyer can help clarify the rights each party has in the marriage, and can ensure that the party understood what they were signing at the time.

Cohabitation Agreement

A cohabitation agreement is similar to a marriage agreement, except it is for individuals in a common-law relationship or who are unmarried and plan to reside with one another. To be a common law partner, the parties must have been living continuously together in a conjugal relationship for at least 3 years, or have a child together. Much like a marriage agreement, a cohabitation agreement allows for the parties to determine the rights they will have at the end of their relationship. This agreement can set out property matters and support obligations at the end of the relationship. Similar to a marriage agreement, the cohabitation agreement cannot set out

the rights of parenting time and decision-making responsibility regarding children.

Common-law relationships are not bound by the Family Law Rules, and common law couples have no protective statutory provisions. The only argument that a party may have is to rely on equable remedies and prove that the other party has been unjustly enriched. However, having a cohabitation agreement allows for the parties to protect themselves and provides them with the freedom to decide their rights if the relationship comes to an end.

Separation Agreement

A separation agreement is an agreement made by parties who are separating which dictates how the parties will resolve their issues when separated. Separation agreements may be made by parties who are in a common-law relationship or married. Separation agreements may be made at any time after the parties separate, however there are time limitations when dealing with certain aspects of the relationship such as division of property. Separation agreements are used as a faster and cheaper way to resolve issues as opposed to going to trial. It also allows for the parties to decide how to resolve their own affairs as opposed to a judge determining their affairs. The parties may make decisions on division of property, support obligations, parenting time and decision-making responsibility of the children, and any other matters they deem necessary.

Much like the marriage contract, it is important that parties obtain independent legal advice to ensure that their rights and obligations are being protected and followed. Separation agreements may be set aside if deemed unconscionable, and therefore it is important to ensure that parties are aware of what they are signing and speak to a lawyer beforehand.

Parenting Agreement

A parenting agreement is a document that identifies how parents will raise their children after they are separated or divorced. There are different types of decision-making responsibility options such as sole decision-making responsibility, joint decision-making responsibility, or split decision-making responsibility. Decision-making responsibility refers to the parent making fundamental decisions regarding the upbringing and health of a child, and the right to make all final decisions. Parents will also have to determine the parenting time arrangement which is the right to spend time with the child for a certain period. During this time the parent is responsible

for the child, the parent also has the right to make inquiries and be granted information on the health, education, and well-being of the child. The decision-making responsibility and parenting time are based on the best interests of the child, which is a legal test that must be utilized.

Signing any contract can have serious implications, and it is important to seek professional advice when required. To note, the above should not be taken as legal advice, and if you have any questions or concerns about your case please speak to a lawyer. To find out how we can help you with your matter, please visit our website at https://www.grantleelaw.ca/ or call us at 905-315-6837 to book your consultation now.

Litigation: The Family Law Process - Trials

Wed, 14 Jun 2023 13:53:24 GMT

In the family law process, a trial is the final step if you and your former partner cannot resolve your issues outside of court.

Welcome back to part 9, the final post in our Family Law Process series. These posts went through the family law process from start to finish, and identified what you can expect to occur at each step in your matter. Please note that it is possible that not all of the steps will occur in your family law matter.

1. Before starting your case

2. Starting your case

3. Replying to an Application

4. Financial disclosure

5. Serving and filing court documents

6. Mandatory Information Program

7. Conferences

8. Motions

9. Trials

The Trial

In the family law process, a trial is the final step if you and your former partner cannot resolve your issues outside of court. In the trial, you and your former partner will appear before a judge and present evidence supporting your respective claims. At the end of the trial, the judge will make a court order regarding the issues in the case. Family law cases are decided solely by a judge, not a jury. The test used is on “balance of probabilities” which is where the judge believes that one party’s story is more likely to have occurred than the other party’s story. Judges are neutral and impartial, and will judge the case according to the evidence provided.

Steps in Trial

The trial process usually occurs in the following way:

1) Opening statements: each party will provide the judge with an oral summary of the issues, background facts and what the party is requesting, and a broad view of the evidence that will be presented.

2) Applicant’s evidence

3) Respondent’s evidence

4) Applicant’s reply (if required)

5) Closing statements: each party will provide the judge with an oral summary of the evidence that has been provided, and a review of the party’s request.

6) Decision by the judge

Trial Record

A trial record is a set of documents provided by the Applicant that ensures all the parties involved have the information required. A trial record must include the following:

1) A table of contents listing all the documents in the trial record;

2) A copy of the Applicant’s Application;

3) A copy of the Respondent’s Answer;

4) A Reply, if one was provided;

5) Any agreed statement of facts;

6) Any assessment reports that the court ordered or that the Applicant and the other party agreed to have prepared;

7) Any report from the Office of the Children’s Lawyer (OCL);

8) Any temporary order from a judge about an issue that has not been resolved on a final basis;

9) Any order about the trial;

10) The relevant parts of any transcript the Applicant intends to refer to at trial;

11) The Trial Scheduling Endorsement Form; and

12) Financial Statements, Certificate of Financial Disclosure, Net Family Property Statement (if the issues involve child/spousal support, and property claims).

If the Respondent feels as though there is material they would like to add, they may do so.

Length of Trial

The length of a trial depends on various factors such as how complex the issues are, the amount of evidence provided by the parties, the availability of counsel and the court. The trial record must be served on all parties and filed with the court at least 20 days before the trial commences. If the Respondent has documents to add to the trial record, they must serve and file their documents at least 7 days before the trial commences.

Costs

Trials are costly and timely. Not only do they pose a financial burden, but they also take an emotional and psychological toll on the parties. It is also important to remember that if you and your former partner cannot make decisions regarding your case, it will be decided entirely by the court, a third party, who only knows your circumstances based on the evidence you have provided. The court will decide who will have decision-making responsibility, the support amount, amongst other issues if the issues cannot be decided between the parties. If this is not how you wish to have your issues resolved, it may be suitable to try alternative dispute resolution options such as mediation or arbitration.

Costs also come into play as the judge may decide that the unsuccessful party will pay the successful party’s cost of going to court. The judge will consider various factors when making this determination, such as the parties’ behaviour during the matter, how prepared the parties were, and whether a reasonable offer to settle was made but was not accepted by the party.

Offer to Settle

An offer to settle is where one party will make the other party an offer to settle the case and resolve the issues. An offer can be made at any time during the case. The offer should be clear, reasonable, and fair. An offer may be a cost-effective way to reduce legal costs. An offer to settle cannot be shared with the judge until they have made their decision.

Litigation: The Family Law Process - Motions

Wed, 07 Jun 2023 14:42:19 GMT

In the family law process, motions are used when a temporary decision is required before a final decision is reached in the matter.

Welcome back to part 8 of our Family Law Process series. These posts will go through the family law process from start to finish, and will identify what you can expect to occur at each step. Please note that it is possible that not all of the steps will occur in your family law matter.

1. Before starting your case

2. Starting your case

3. Replying to an Application

4. Financial disclosure

5. Serving and filing court documents

6. Mandatory Information Program

7. Conferences

8. Motions

9. Trials

Motions

In the family law process, motions are used when a temporary decision is required before a final decision is reached in the matter (usually this involves going to trial). The court process is lengthy and decisions can take months, and therefore motions may be used when necessary. An individual bringing the motion is known as the moving party, and the opposing party is known as the responding party. There are 3 types of motions:

1) Procedural, uncomplicated, or unopposed motions

2) Motion for temporary orders

3) Motion without notice (ex-parte motion)

Evidence in a motion is provided to the court via written format, and the forms that are to be completed are spoken about below. The court will only consider the information in the materials provided, and hence, it is important that you include all relevant information in your materials for the judge to consider.

Procedural Motions

A procedural, uncomplicated or unopposed motion, as it may be called, is where the party is asking the court for an order in making a procedural matter. This type of motion may also be used when both parties agree on the issue and are asking the court to transfer the agreement into a court order. For instance, the schedule for parenting time, or asking the court for permission to file a document when the deadline has passed. When bringing this type of motion, the following forms must be completed:

1) Form 14B Motion Form;

2) Form 14A Affidavit;

3) Updated Cumulative Table of Contents;

4) Support Deduction Order and Support Deduction Order Information Form if asking for child or spousal support; and

5) Form 25 Order and written order/minutes of settlement if bringing a motion on consent.

Motion for Temporary Order

Temporary court orders made by a judge will remain in place until the court orders a different temporary order, or makes a final order as the case proceeds. When bringing this type of motion, usually the following forms must be completed:

1) Form 14B Motion Form;

2) Form 14A Affidavit;

3) Updated Cumulative Table of Contents;

4) Form 13 or 13.1 Financial Statement or 14A Affidavit if the motion related to child support, spousal support or property; and

5) Support Deduction Order and Support Deduction Order Information Form if asking for child or spousal support.

Timing

A procedural motion may be heard at any time, whereas a motion for a temporary order cannot be. A motion for a temporary order can only be heard once the parties have attended at least one case conference discussing their issues. Rule 14 in the Family Law Rules states that a party cannot bring a motion for temporary orders unless they have attended a case conference. That said, motions can be brought to court before a case conference has been conducted if there is a risk of urgency and/or hardship. For instance, if you or the child’s safety is at immediate risk, or a support order is required to provide basic living conditions.

After the forms have been completed, they must be served to the responding party at least 6 days before the date of the motion. The motion forms as well as the Form 6B Affidavit of Service must be filed with court at least 4 business days before the date of the motion. A Form 14C Confirmation of Motion must be served and filed with the court as well no later than 3 business days before the date of the motion.

Motion Without Notice (Ex-Parte Motion)

As mentioned above, there are very few occasions where a motion can be brought to court without telling the responding party. The responding party is unaware that you are asking the court to make an order and will not have the opportunity to tell the court their side of the matter. A motion without notice may be used in the following circumstances:

1) Notice is not reasonably possible- for instance, the opposing party cannot be found.

2) You or your child is in immediate danger- for instance, the opposing party may try to remove the child from the home.

3) There is an immediate danger to the health and safety of the child.

4) Serving the notice would have serious consequences.

Just as with the other motions, you will be required to complete the same forms, but will also need to complete Form 14D Order on Motion Without Notice as well as ask for the court’s permission to bring your motion without notice.

Costs

If a judge determines that the motion was not necessary, the court may order you to pay the opposing party’s legal fees in relation to the motion.

Litigation: The Family Law Process - Conferences

Wed, 24 May 2023 14:18:32 GMT

Types of Conferences

Welcome back to part 7 of our Family Law Process series. These posts will go through the family law process from start to finish, and will identify what you can expect to occur at each step. Please note that it is possible that not all of the steps will occur in your family law matter.

1. Before starting your case

2. Starting your case

3. Replying to an Application

4. Financial disclosure

5. Serving and filing court documents

6. Mandatory Information Program

7. Conferences

8. Motions

9. Trials

There are 3 main conferences that occur in the family law process:

1) Case Conference

2) Settlement Conference

3) Trial Management Conference

Each will be discussed in greater detail below.

1) Case Conference

Purpose of a Case Conference in Family Law

Before heading to trial, the family law process requires that the parties meet before a judge at least one time as stated in the Family Law Rules. There are 2 goals when having a conference, the first is to determine whether any issues can be resolved before trial commences, and the second is to ensure that all parties have exchanged information necessary for the matter to move forward in the process.

Section 17(4) of the Family Law Rules states the following reasons for conducting a case conference:

(a) exploring the chances of settling the case;

(b) identifying the issues that are in dispute and those that are not in dispute;

(d) ensuring disclosure of the relevant evidence, including the disclosure of financial information required to resolve any support or property issue;

(e) identifying any issues relating to any expert evidence or reports on which the parties intend to rely at trial;

(f) noting admissions that may simplify the case;

(g) setting the date for the next step in the case;

(h) setting a specific timetable for the steps to be taken in the case before it comes to trial;

(i) organizing a settlement conference, or holding one if appropriate;

(j) giving directions with respect to any intended motion, including the preparation of a specific timetable for the exchange of material for the motion and ordering the filing of summaries of argument, if appropriate; and

(k) in the case of a motion to change a final order or agreement under rule 15, determining the most appropriate process for reaching a quick and just conclusion of the motion.

Steps to Complete Before Your Conference

Section 17 of the Family Law Rules state that the party must serve and file onto the opposing party, documents such as the Form 17A Case Conference Brief no later than 6 days before the conference. The Form 17A Case Conference Brief is a mandatory form that parties must complete before their conference. Within the form parties must indicate the issues that they have resolved, the issues that are outstanding, and provide detailed information supporting their position. The form also requires information on the party’s family and history of the relationship. If property or support issues are involved, then Form 13 and/or 13.1 Financial Statement, and Form 13A Certificate of Financial Disclosure must be updated. At least 3 days before the case conference, a Form 17F: Confirmation of Conference must be served and filed with the court. This form indicates to the Court and the opposing side that the conference will be proceeding. The form also dictates the issues that will be discussed during the case conference. It is prudent and necessary to speak with the opposing party or their counsel about all issues, prior to preparing the Case Conference Brief, and Confirmation.

At the Conference

You, the other party, and if represented by lawyers, will all appear before a judge who will hear the positions of each side. The goal of the case conference is to try and resolve as many of the issues before going to trial. The judge will try to get the parties to find ways to resolve the issues, as well as indicate the information that needs to be shared between the parties, if any, and the next steps to resolve the issues. If the parties are able to come to an agreement on any of the issues, the judge will make an order based on the agreement reached. This order will then be officialised in a consent agreement or minutes of settlement.

2) Settlement Conference

Purpose of a Settlement Conference in Family Law

After a few case conferences, if there are still remaining issues that have not been resolved, the judge may schedule a settlement conference. A settlement conference is where the parties and their lawyer, will meet with a judge to discuss offers to settle the issues, resolve or narrow the issues in the matter, ensure that all information between the parties has been exchanged, and determine the evidence that may be presented at trial, including witnesses.

Section 17(5) of the Family Law Rules states the following reasons for the conducting a settlement conference:

(a) exploring the chances of settling the case;

(b) settling or narrowing the issues in dispute;

(d) settling or narrowing any issues relating to any expert evidence or reports on which the parties intend to rely at trial;

(e) noting admissions that may simplify the case;

(f) if possible, obtaining a view of how the court might decide the case;

(g) considering any other matter that may help in a quick and just conclusion of the case;

(h) if the case is not settled, identifying the witnesses and other evidence to be presented at trial, estimating the time needed for trial and scheduling the case for trial;

(i) organizing a trial management conference, or holding one if appropriate; and

(j) in the case of a motion to change a final order or agreement under rule 15, determining the most appropriate process for reaching a quick and just conclusion of the motion

Steps to Complete Before Your Conference

Before attending your settlement conference, a Form 17C or D: A Settlement Conference Brief needs to be completed. At least 3 days before the conference, a Form 17F: Confirmation of Conference must be served and filed with the court. This form indicates to the Court and the opposing side that the conference will be proceeding.

At the Conference

Much like the case conference, the judge will hear the parties discuss their case, but will focus on how the parties have tried to resolve their issues. The judge will take on a greater role by providing their input on how they view each parties position on the issues in dispute to try to encourage settlement. Much like the case conference, if the parties are able to come to an agreement on any of the issues, the judge will make an order based on the agreement reached. This order will then be officialised in a consent agreement or minutes of settlement. If there are unresolved issues, the parties will need to complete a Trial Scheduling Endorsement Form at the end of the settlement conference.

3) Trial Management Conference

Purpose of a Trial Management Conference in Family Law

If issues still have not resolved and the matter is heading to trial, then parties will attend a trial management conference.

Section 17(6) of the Family Law Rules states the following reasons for the conducting a settlement conference:

(a) exploring the chances of settling the case;

(b) arranging to receive evidence by a written report, an agreed statement of facts, an affidavit or another method, if appropriate;

(d) exploring the use of expert evidence or reports at trial, including the timing requirements for service and filing of experts’ reports;

(e) ensuring that the parties know what witnesses will testify and what other evidence will be presented at trial;

(f) estimating the time needed for trial; and

(g) setting the trial sitting during which period, the matter will be called for trial, if this has not already been done.

Steps to Complete Before Your Trial Management Conference

Before attending your trial management conference, there are certain documents that must be filed with the court. If the conference is held in the Ontario Court of Justice, a Form 17E Trial Management Conference Brief must be completed. If the conference is held in the Superior Court of Justice or the Family Court of the Superior Court of Justice, a trial scheduling endorsement form must be filed, an offer to settle all outstanding claims in the case, and an outline of the party’s opening statement must be filed. At least 3 days before the conference, the Form 17F: Confirmation of Conference, along with the other documents, must be served and filed with the court. This form indicates to the Court and the opposing side that the conference will be proceeding.

At the Conference

Much like the other conferences, the parties meet with the judge one last time before the trial to ensure that all information has been exchanged, and to prepare the parties for trial. The judge will discuss who each side plans to call as witnesses, the issues that will be spoken of, as well as the time needed for each witness.

Litigation: The Family Law Process - Mandatory Information Program

Wed, 17 May 2023 13:55:04 GMT

Welcome back to part 6 of our Family Law Process series. These posts will go through the family law process from start to finish, and will identify what you can expect to occur at each step. Please note that it is possible that not all of the steps will occur in your family law matter.

1. Before starting your case

2. Starting your case

3. Replying to an Application

4. Financial disclosure

5. Serving and filing court documents

6. Mandatory Information Program

7. Conferences

8. Motions

9. Trials

What is the Mandatory Information Program (MIP)?

When parties contest issues, unless their claim is for divorce or costs only, or if the issues are proceeding on consent, then a Mandatory Information Program (“MIP”) session is required, and both parties must attend the session, at separate times. The MIP acts as an informational session to help the parties understand the family law system and court process. It is a 2-hour long session in which the parties also gain information on community resources and programs, issues facing family law litigants, alternative options to litigation such as mediation and arbitration, as well as discussing the effects of separation and litigation on the parties and children. The MIP was enforced as a method to improve the family justice system and allow for transparency within the court system and of the process involved.

Under Section 8.1 of the Family Law Rules, the MIP applies to individuals making the following claims:

1) A claim for decision-making responsibility, parenting time or contact in regard to a child;

2) A claim regarding net family property;

3) A claim regarding a matrimonial home;

4) A claim for support;

5) A restraining order; and/or

6) A motion to change a final order or agreement, except motions that deal only with changing child or spousal support.

The session is held in the court where the Application was filed. Before the parties can appear before a judge to begin resolving their matter, the spouses must attend the MIP separately on the date that has been provided to them. Parties are required to bring their MIP notice with them to the session. As discussed in our previous blog posting, once their documents are issued, the Applicant will be provided with their signed and dated documents, along with two MIP notices (the “Applicant’s Notice” and “Respondent’s Notice”), and any blank forms that the Respondent will need to complete. The Applicant is required to serve these documents onto the Respondent. Once the parties obtain their notices, they must complete their MIP session within 45 days of the case being commenced. Once the party attends the session, they will receive a certificate of attendance, which must be filed with the court in their Continuing Record at least 2 days before the Case Conference. The Continuing Record is a court file containing all the documents in a party’s case. Although this is rare, a court can order that a party may be exempt from attending the MIP or filing their documents due to urgency, hardship or for another reason that is in the interest of justice.

Litigation: The Family Law Process. Serving and Filing Court Documents

Wed, 10 May 2023 15:16:27 GMT

Welcome back to part 5 of our Family Law Process series. These posts will go through the family law process from start to finish, and will identify what you can expect to occur at each step. Please note that it is possible that not all of the steps will occur in your family law matter.

1. Before starting your case

2. Starting your case

3. Replying to an Application

4. Financial disclosure

5. Serving and filing court documents

6. Mandatory Information Program

7. Conferences

8. Motions

9. Trials

Serving and filing court documents

After completing your Application, which if you recall, starts the family law process, the next step is to get your documents issued by the court in order to serve and file your documents. Getting documents “issued” by the court refers to the court clerk signing, dating, and stamping your documents and providing you with a court date. The court will provide you with a court file number, your first court date, notices to attend the Mandatory Information Program (MIP), as well as a blank Answer form, and any other forms that your former partner will be required to complete.

Once your documents are issued by the court, you can now serve your former partner and file your documents with the court after serving them. To serve documents onto the opposing party, the Family Law Rules (FLA) sets out mandatory provisions that must be followed. Rule 6 of the FLA sets out how to serve documents, providing 2 types of service; regular and special service. There are certain documents that must be served via special service, with the Application being one of them. Special service is when you leave the copy of the documents with the following:

a) The person who needs to be served;

b) The person’s lawyer;

c) Mailing a copy to the opposing party with an acknowledgment of service (Form 6B); or

d) At the person’s residence with someone who appears to be an adult and mailing another copy to the same address that day or the next day.

If documents cannot be served via special service because there is no known address or the whereabouts of the party are not known, the Applicant may apply for an order granting substituted service or dispensing of service. Substitute service requires proof that special service has been attempted, however the documents will not be brought to the Respondent’s attention. An alternative form of service such as service via email or text message, would allow for the documents to be brought to their attention. Dispensing of service altogether occurs when all efforts to serve the Respondent have been attempted and there is no indication that substitute service would bring the documents to the Respondent’s attention. In this case, the party would proceed with the court case without serving documents onto the Respondent.

Once the documents have been served, a Form 6B Affidavit of Service must be completed, and filed with your documents. There are 2 ways to file documents with the court, the first is via email, and the second is through the Ministry of the Attorney General’s online filling service. For self-represented litigants, blank forms can be found at https://ontariocourtforms.on.ca/en/family-law-rules-forms/ . When filing documents, there may be fees that the court has for you to file your documents. There are no court fees in the Ontario Court of Justice, but there are fees at the Superior Court of Justice and the Family Branch at the Superior Court of Justice.

Litigation: The Family Law Process. Financial Disclosure

Wed, 03 May 2023 14:48:51 GMT

Financial disclosure plays a major role in family law matters...

Welcome back to part 4 of our Family Law Process series. These posts will go through the family law process from start to finish, and will identify what you can expect to occur at each step. Please note that it is possible that not all of the steps will occur in your family law matter.

1. Before starting your case

2. Starting your case

3. Replying to an Application

4. Financial disclosure

5. Filing and serving court documents

6. Mandatory Information Program

7. Conferences

8. Motions

9. Trials

Financial Disclosure

Financial disclosure plays a major role in family law matters. Financial disclosure is where the party provides the opposing party and the court, information regarding their financial circumstances. In family law, frank and full disclosure of one’s financial circumstances is expected and required. This includes a party’s income amount, their debts, assets, and expenses. A Financial Statement form is completed when a party makes a claim for child support, spousal support, or property division/debts.

There are 2 types of Financial Statements, the first being the Form 13: Financial Statement (Support Claims) and the other being the Form 13.1: Financial Statement (Property and Support Claims). The Form 13: Financial Statement (Support Claims) is used when a party makes a claim for child and/or spousal support. This form does not include claims for property and debts. On the other hand, the Financial Statement 13.1 (Property and Support Claims) is completed when there are claims for property or debts. This form can be completed if there are also claims for support alongside the property/debt claims.

Along with the Financial Statement a party must complete, the party must also provide evidence as to their financial circumstance. A party must provide the following:

· Proof of current income;

· Proof of income for the past 3 taxation years: Notice of Assessments and Notice of Reassessments, or other proof of income if you cannot file an income tax return;

· Proof of income from a corporation, trust, or partnership in the past 3 years;

· Proof of any income received from employment insurance, social insurance, a pension, workers compensation, disability payments or other income source in the past 3 years;

· A copy of your Record of Employment or other proof if unemployed;

· Proof of child support expenses; and

· Other documentation that you wish to file such as Notice of Calculation or Recalculation or agreements between the parties in relation to finances.

If a party is filing a Form 13.1 Financial Statement whereby there are claims of property and debt, the party must also provide the following:

· Statements of bank accounts and investments (sole and joint);

· Pension statements;

· Statements illustrating the valuation of any property (sole and joint);

· Life insurance documentation;

· If you own or are part of a business, documentation illustrating income tax and financial statements;

· Statements of debts and liability owed;

· Documentation illustrating your financial value on the date of marriage for property owned and debts owed; and

· Depending on your case, a Form 13B: Net Family Property Statement, and a Form 13C: Comparison of Net Family Property Statement may need to be completed. A Form 13B: Net Family Property Statement allows for the party to show their debts and liabilities at the valuation date, which will be defined below. The Form 13C: Comparison of Net Family Property Statement allows for a calculation to determine how much one spouse owes their former spouse (legally know as “equalization”).

When dealing with property and debt claims, there are terms that must be discussed as they can have a important role in determining equalization claims. The “date of marriage” is the date upon which you and your former partner legally married. The “valuation date” is the date upon which you and your former partner separated with no prospect of reuniting or cohabitating. This date can be tricky to calculate for various reasons, and will be discussed in greater detail in another blog.

Timing to Serve and File

Your financial disclosure documents must be served onto the opposing party, and filed with the court either (1) with your Form 13 or 13.1 Financial Statement, or (2) within 30 days after your Financial Statement is served. If there are changes to your financial circumstances, your Financial Statement may need to be updated and refiled with the court at varying stages of your matter.

Litigation: The Family Law Process. Replying to an Application

Wed, 26 Apr 2023 14:46:14 GMT

Welcome back to part 3 of our Family Law Process series. As mentioned in our previous postings, these posts will go through the family law process from start to finish, and will identify what you can expect to occur at each step. Please note that it is possible that not all of the steps will occur in your family law matter.

1. Before starting your case

2. Starting your case

3. Replying to an Application

4. Financial disclosure

5. Filing and serving court documents

6. Mandatory Information Program

7. Conferences

8. Motions

9. Trials

Replying to an Application

Once your Application is completed, it must be issued with the Court. “Issued” refers to when the court clerk signs, dates, and stamps the Application and supporting documents. Once this is completed, a court date will be provided to you. Your partner is required to respond to your Application by completing an “Answer”.

A Form 10: Answer is used to respond to the Applicant serving the Application. In this form, the party can agree or disagree with the claims set out in the Application, as well as make new claims. For instance, the party may agree with the decision-making responsibility claims, but disagree with the parenting plan or child support amount. Along with the Form 10: Answer, the party is required to complete the following:

· Form 13: Financial Statement or Form 13.1: Financial Statement- if a claim was made for support or property;

· Form 13A: Certificate of Financial Disclosure- if a claim was made for support or property division;

· Form 35.1: Affidavit- if a claim was made for decision-making responsibility or parenting time;

· Support Deduction Order- if a claim was made for support; and

· Support Deduction Order Information Form- if a claim was made for support.

If a Form 10: Answer is not filed and the party does not respond to the Application, the judge can make a decision based solely on the Application and the provided evidence. This is called making an order on an undefended basis. This can only occur if your former partner has not responded to the claims. In this case, a Form 23C: Affidavit for Uncontested Trial must be completed, along with other forms.

Timing

Your former partner has 30 days to complete, serve, and file their documents in response to your Application. If more time is required, the party may bring a regular motion asking the court for an extension to file their Answer, or alternatively may seek your consent to an extension of the time allowed for him/her/they to file their Answer. An Answer is served by regular service or special service, and must be completed in 30 days. Serving and time calculation rules will be discussed in a separate blog post.

Litigation: The Family Law Process. Legislation that May Apply to Your Matter

Wed, 19 Apr 2023 13:50:22 GMT

What legislations impact your matter?

In family law there are various legislations that may be taken into consideration when dealing with your family law matter depending on your circumstances. Below is a list of the legislations that may have an impact on your matter:

Family Law Act
Divorce Act
Courts of Justice Act- Family Law Rules
Children’s Law Reform Act
Child Support Guidelines
Spousal Support Advisory Guidelines

1) Family Law Act

The Family Law Act is a piece of legislation that is used in Ontario, and includes regulations surrounding property, support, agreements, restraining orders, and other issues in relation to family law matters. In Ontario, this Act governs the majority of issues within family law. If an individual and their partner were not married and maintained a status of being in a common law relationship, then their claims will fall under this legislation. Issues regarding division of property may only be dealt under this legislation.

2) Divorce Act

The Divorce Act is a federal legislation meaning it applies to individuals in Canada. This legislation can only be used for individuals who have been legally married and are seeking to be granted a divorce in Canada.

3) Courts of Justice Act- Family Law Rules

This Act primarily focuses on the procedures within family matters such as time limitations for filing, where to start your matter, serving documents onto the opposing party, answering a case, amongst other procedures. This legislation is extremely important for the parties and their lawyers to understand. If a deadline passes for which you needed to file an Answer or file and serve a Case Conference Brief, this can be detrimental to your case.

4) Children’s Law Reform Act

The Children’s Law Reform Act is legislation that addresses support and parenting arrangements. An Application may be started immediately under this legislation whereas if an Application is made under the Divorce Act, the parent will have to wait a year before the divorce is finalized and any order is granted. It should be noted that the Family Law Act also contains provisions regarding support and custody arrangements. It is best to speak to a lawyer regarding the legislation that can be best used to support you and your family law matter.

5) Child Support Guidelines

There are both federal and provincial Child Support Guidelines, and depending on your case, either may apply. Both Guidelines are legislated, meaning that they must be used to determine child support. These Guidelines are used to help you calculate the monthly table child support amount, and determine how special expenses will influence the payment calculation. The Guidelines determine the payable child support according to income of the parent who is paying the support, as well as the number of children that require support.

6) Spousal Support Advisory Guidelines

Unlike the Child Support Guidelines, the Spousal Support Advisory Guidelines are not legislated, and therefore act as a recommendation for spousal support calculations. Furthermore, unlike child support, spousal support is not an entitlement given to a spouse. Entitlement for spousal support depends on a variety of factors such as the duration of the relationship, the income of the parties, amongst other factors. However, within the Guidelines are 2 formulas that are taken into consideration when calculating spousal support. The 2 formulas are the “without child support” formula, and “with child support” formula. The “without child support” formula encompasses a formula solely for spousal support, understanding that there are no child dependants therefore no child support obligations. This formula is based on the duration of the marriage which then is used to calculate the amount and duration of spousal support. The “with child support” formula takes into account that there are dependent children, and child support is being paid.

To note, the above should not be taken as legal advice, and if you have any questions or concerns about your case please speak to a lawyer. To find out how we can help you with your matter, please visit our website at www.grantleelaw.ca/ or call us at 905-315-6837 to book your consultation now.

Litigation: The Family Law Process. What To Expect When Meeting A Lawyer

Wed, 12 Apr 2023 13:53:32 GMT

Meeting with a lawyer often brings feelings of anxiousness, helplessness, and dread...but it doesn't have to!

Here at Grant Lee Law Professional Corporation, you can come in feeling at ease, and know that you are in the hands of an expert who has over 20 years of experience in family law. If you have never spoken to a lawyer before, we understand that you may have plenty of questions regarding what to expect during your first meeting. It is important to note that not every lawyer will be the right fit for you, and it is important to find a lawyer with whom you feel comfortable and can trust.

The first meeting with your lawyer is the most important one. This meeting sets the stage for your case, as well as your relationship. While understandably it may be difficult to discuss your issues with an individual you have never met, your lawyer can only help you if you are willing to share your story. In the first meeting, your lawyer will ask you about your matter and the background details of your relationship. This information will include your background history with your spouse or partner, date of births, if you have children, issues relating to property, amongst other details. You should write down important dates, such as the date of marriage, the date of separation, the date of birth of any children you have, and be prepared to tell your story in a chronological order. The best way to support your lawyer is to be clear and

informative in the details of your story.

While your lawyer may not provide you with legal advice until they receive all the documents that are required, they will provide you general details on how the law may apply to your case. They will also identify your rights and obligations that stem from the relationship (i.e. child support and spousal support, parenting time, amongst others). They will also discuss the next steps that can be taken in your matter (mediation, drafting a separation agreement).

When meeting your lawyer, your role as the client is the following:

Make a list of questions that you have for your lawyer, no question is viewed as “unimportant”.
Bring your Income Tax Returns or Notice of Assessments for the prior 3 years.
Consider a list of assets and liabilities you and your spouse have at the date of the marriage as well as the date of separation, both jointly and separately owed.
Any court documents that you have been served with, such as an Application, Parenting Time Orders, or if you have drafted a Marriage Contract or Separation

Agreement with your partner.

Discuss your goals for your case, but understand that your goals may not be feasible or realistic once the lawyer reviews your file. Be prepared to have an

open mind when dealing with your matter.

Any information you share with your lawyer is privileged and confidential. Before meeting with your lawyer, your lawyer will want to ensure that there are no conflicts, meaning that the lawyer does not have an interest with any other party in your matter. You must bring photo identification such as your passport and driver’s license to prove your identity.

To find out how we can help you with your matter, please visit our website at www.grantleelaw.ca or call us at 905-315-6837 to book your consultation now.

The Rights of the Non-custodial Parent

Thu, 06 Apr 2023 13:47:53 GMT

What does it mean if you are the non-custodial parent?

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Prenup Lesson

Tue, 14 Mar 2023 14:12:30 GMT

Planning the demise of your marriage that has yet to take place isn’t what dreams are made of, isn’t it?

Planning the demise of your marriage that has yet to take place isn’t what dreams are made of, isn’t it? However, a thoughtful consideration should take place regarding a Prenuptial Agreement prior to marriage as unromantic that sounds.

What is a Prenuptial Agreement? (Prenup)

According to the Province of Ontario, a Prenup is a domestic contract that spouses create before getting legally married.

You cannot create a Prenup after getting married.

This document sets out each partner’s financial responsibilities when they separate.

Basically, a Prenup protects assets acquired prior to the marriage taking place. If you are discussing the Prenup ins and outs, you may feel uncomfortable because it may come across plans are being make for a separation, not your upcoming marriage. Discussing a Prenup will force you to talk about financial matters and there’s nothing with that. It’s important to discuss finances before marriage or entering a common-law relationship. A prenup deals with financial matters not issues like child custody.

Are there circumstances that make a Prenup more necessary?

One or both partners have been married.
One or both of the parties are entering the marriage with children.
One of the partners is very wealthy.
One of the parties as a lot debt.
One or both of the partners are business owners.

These are the most common reasons for a Prenup to be drafted and signed. Remember, a Prenup protects both of you, so there’s no reason for it to be one-sided. With that in mind, it’s a good idea for each of you to have your own lawyer to go over the agreement. You will want to make sure that everything is fair to both parties, especially if children are involved. Your financial affairs will be protected and should a separation take place, any discussions regarding the division of assets will be minimal and you can take more time to deal with other issues such as the children. A Prenup will protect the assets you acquired before the marriage, like an inheritance. When you are having discussion about setting up a Prenup, be honest and open about all matters relating to your financial situation. The discussion needs to be frank because assets and liabilities will need to be dealt in the case of a marriage breakdown. It may seem that dealing with a prenup isn’t romantic when planning a future with your partner, but in cases like the ones listed above, a prenup is quite necessary. Once you are married, you can revisit the Prenup and have it amended either amicably or through court. Circumstances can change, so it may a good idea to have a look at the Prenuptial Agreement periodically.

There are online DIY Prenup Forms that you can use but they would be good to use as a starting point in discussing a Prenuptial Agreement, but in actuality, you should both consult with a knowledgeable Family Law firm the staff at Burlington’s Grant Lee Law when putting together your legal Prenup. Grant Lee Law will make sure your Prenup is ready for use should your marriage come to an unfortunate end. Let Grant Lee Law in Burlington help you! Call (905) 315-6837.

When Does Child Support Stop?

Tue, 28 Feb 2023 19:56:32 GMT

Here are the two most common reasons why the child support obligation will continue.

The short answer is when the child in question reaches their eighteenth birthday. But, and that’s a big but, every situation is different so the answer isn’t cut and dry. Basically, child support doesn’t end at eighteen. Here are the two most common reasons why the child support obligation will continue.

The child is attending a post-secondary institution full-time. It is thought that the money that the custodial parent receives is put towards the expenses of the education. Keep in mind, that the Federal Tables that are used to spell out the amount of child support owing ends at eighteen. At this point, decisions have to be made when child support is discussed. How much will be paid monthly and will the money go towards the education, such as tuition, books and housing? The custodial parent may feel that the other parent should contribute to post-secondary expenses along in addition to child support. If this is not a part of the Divorce and Separation Agreement you really should be prepared for post-secondary education if the child is young. It’s far better to be proactive. However, the child decides to do a “victory lap” and stay in high school for an extra year, a frank discussion may take place in regards to child support.

If the child is disabled and is dependent on the custodial parent, child support will continue. If the child is able to work, things might be different and a revised payment amount might need to take place. If the child is severely disabled, you will have to pay child support for the rest of their life.

Remember that child support is the right of the child and their well-being. Your Agreement may have a date when child support will stop. The common agreement a lot parents use as an end date is when the child is twenty-five or when the child finishes post-secondary education. Whichever comes first. If the child support agreement doesn’t have an end date, it will continue until the order is changed in Court or if you and the other parent agree to end the agreement. As long as the child is a dependent is the basic rule thumb that enforces that child support needs to be paid.

If your child’s eighteenth birthday is on the horizon and your Divorce/Separation Agreement isn’t clear when it comes to Child Support ending or continuing, the Grant Lee Law team will help you if you’re not comfortable talking with your former partner. Grant Lee Law is proud to offer you just what you need to get the result you need. Have the team at Grant Lee Law assist you in all legal Family Law matters. Their limited scope retainers will help you achieve the Child Support outcome that will make you stress less and get the help you need!

Contact them in Burlington at (905) 315-6837 or angela@grantleelaw.com

Stepchild Adoption

Thu, 12 Jan 2023 14:25:47 GMT

If you want to adopt your stepchild or a relative in Ontario, it’s possible!

Or perhaps you are in a committed relationship and your partner has expressed interest in adopting your child?

Blended families are more the norm nowadays and many are taking the leap of having stepchildren legally adopted. Every family’s situation is unique and adoption may be top of mind. Know that certain steps need to be taken in Ontario for an adoption to be legal.

In Ontario, adoptions are legislated by the Child, Youth and Family Services Act and its purpose is to make sure the proposed adoption is in the best interests of the child. Your Family Law Lawyer at Grant Lee Law will explain this to you and will assist you in the adoption process. You must make sure you have permission from the child’s biological parent/s if they are alive. If you can’t locate them and can prove you have exhausted all efforts in doing so, you will have to request permission from the court to carry on with the adoption. You may need to consent from the child to proceed if they are between the ages of seven and eighteen. They will meet with The Office of the Children’s Lawyer where an explanation will be given to the child about what is happening regarding the proposed adoption. The child will be asked whether or not they give consent to have the adoption proceed. The process to legally adopt the child will take place through Family Court. You don’t need the services of an adoption agency but the hiring of Family Law Lawyer should take place. You may think you and your partner need to be married but that’s not necessary. You don’t have to be legally married but you should be aware that common law relationships don’t have the same status a legal marriage. Also, same-sex relationships are okay. You should be prepared to show the Family Judge a Cohabitation Agreement that spells out what will happen in a medical emergency, how assets will be divided if the relationship fails and any inheritance the child where the child is named.

With a stepchild adoption, a home study and adoption training course won’t have to take place. The stepparent who wants to adopt the child will have to file an affidavit with the court that states the intent to adopt the child. Your Family Law Lawyer at Grant Lee Law will walk you through the process as it’s moving forward in the courts. Your team at Grant Lee Law will make sure that all paperwork has been properly files with family court so there will be no unnecessary delay. They know that the adoption is very important to you and your family.

When a judge grants the adoption, it will become finalized and an Adoption Order will be issued and signed by the judge. The stepparent will now have the rights of a biological parent and the biological parent’s rights to the child is severed along with their responsibilities to the child. Your lawyer at Grant Lee Law will answer any and all questions regarding the adoption of a stepchild. The team at Grant Lee Law will use their years of experience. Contact their office by calling 905-315-6837.

Your Partner Cheated, Now What?

Wed, 07 Dec 2022 18:31:56 GMT

If you have the undeniable proof that your partner has committed adultery you will, more than likely, feel like lashing out and feel tremendous pain...

After you have collected your thoughts and if you are positive you want a divorce, there are some things you should know.

You can use Adultery as the reason for your divorce with this basic information:

· The partners have lived apart for one year because of cheating while married.

· The spouse who has not initiated the divorce and separation has committed the adultery.

· The spouse who didn’t initiate the divorce (the non-cheating spouse) has been abusive (mentally or physically.)

If you have discovered an extramarital affair has taken place and you want to proceed with a divorce, you should legally separate. Call your Family Law lawyer and get started on your way to a divorce. Adultery can be used as grounds for divorce but family law lawyers don’t regularly recommend it. You may have caught your partner in the act of cheating but working out your Separation and Child Custody Agreements as well living apart may be a quicker way to dissolve your marriage. Just think, by the time you gather evidence of an extramarital affair, bring it to a lawyer who will take the claim of adultery to Family Court, a lot of time will have passed. The Court will need proof of what exactly happened, as well as proof that it happened before divorce proceedings occurred and proof that a physical sexual relationship occurred outside the marriage. Be aware that “sexting” and phone sex does not qualify in the definition of an adulterous affair. If the spouse who had the affair is willing to admit in front the Court of a physical extramarital relationship, a divorce may be granted quickly. As you have probably noticed, you can’t just claim cheating as a means to a divorce.

You should know that although your marriage has broken down because of an affair, chances are that you won’t be entitled to extra funds and entitlements when the marriage is over. A marriage breakdown is a marriage breakdown. A good idea is talk to a family law lawyer to before you decide to separate, if at possible. You will know what will have to take place legally to obtain a divorce. The Burlington family law services at Grant Lee Law will guide you through the legal process.

Reach out to the team at Grant Lee Law by completing their online form or call (905) 318-6837.

Legal Family Law Help

Tue, 29 Nov 2022 15:37:10 GMT

If your marriage or common law relationship has broken down there is a good chance that you may not know how to handle the legalities so you can move forward.

For your peace of mind, call on a law firm that specializes in Family Law and will work on your behalf in Burlington. There are issues that need to addressed in the legal world. The dissolution may be amicable but it would be in your future best interests to have a legal document that a lawyer has drafted with you. This is probably in the form of a Separation Agreement.

A good Separation Agreement will resolve any of these large issues:

· Child Custody and Visitation

· Child and Spousal Support

· Division of Property and Assets, including Pensions and the like

When your Separation Agreement is drafted and both parties agree and sign off on its contents, you won’t need to go to Family Court. The Separation Agreement will outline the child custody issues. This will include how much time the child/ren will spend with each parent covering holidays and vacations. You may want to have what will happen if a parent wants to move out of town with the kids. The amount of Child Support is spelled out by the Province’s Child Support Table but expenses relating to the activities of the child/ren should be included in the Separation Agreement. Figure out when the Child Support should end or what changes will affect the payment amount. Spoal Support will be discussed if one of the parties feel it’s needed. The Agreement should specify how the matrimonial property will be divided,

The other issues may not be top of mind are:

· Debts

· Life Insurance

· 9Pensions

· Medical and Dental Benefits

Let your Burlington Family Law lawyer at Grant Lee Law help you in obtaining the Separation Agreement to carry you forward. If your former partner’s legal team has drafted the Agreement, take it to Grant Lee Law to make sure it works for you and it’s not one-sided. A good Family Law lawyer will explain that you don’t need a Separation Agreement to be legally separated or divorce in Ontario. However, if a child/ren are involved, a Family Court judge may not grant the divorce if Child Support issues are not resolved. Also, if you’re needing a mortgage, most banks in Canada need a valid Separation Agreement for approval. (A little something to keep in mind!)

As you can see, a legal Separation Agreement is very much needed and can be enforced in Family Court if warranted. If you feel the Agreement hasn’t been adhered to call Grant Lee Lawyers. If you need help at any step of the separation process in Burlington, Grant Lee Law will assist you within your budget. Angela Grant Lee has a lot of experience in Collaborative Family Law and will work with a team in Burlington to support the both of you. If a hand with anything to do with Family Law, know that Grant Lee Law is here for you!

Call (905) 315-6837

Step Parents in Divorce

Wed, 05 Oct 2022 18:30:01 GMT

Step-parents are often not top of mind in regards to their rights and obligations in regards to children...

When negotiating a divorce and separation settlement where children are involved, step-parents are often not top of mind in regards to their rights and obligations in regards to children. Blended families the norm these days so there are more than likely important relationships in a child’s life that need to be addressed for the child’s well-being.

Actually, anyone who has a relationship that is considered like a close a parent-child bond has the rights to continue their relationship. This person is usually a step-parent but could be a close relative such as an aunt, uncle or grandparent but there’s a good chance that step-parents are the closest to the child and need to have their voice heard in regards to the child. Chances are that the step-parent has been partly financially responsible for the child because of the living arrangements with the prior to the separation. Actually, under Ontario law a step-parent may have to pay child support along with the biological (first) parent. Bottom line is that the step-parent has become an unofficial parent and that is a very serious relationship that the Courts will look at if need be. What if the child is a part of their step-parent’s extended family and would miss them if they’re not allowed to take part in festivities and the like? The team at Grant Lee Law know the role of step-parents and will help draw up any agreement that is needed legally to benefit the child as well as the rights of the step-parent.

Because of the seriousness of the bond between the child and the step-parent, an agreement should be drawn up. Visitation and financial matters need to addressed all with the child’s best interest at the heart of the matter. Remember, that the step-parent didn’t have to be married to the child’s parent. A common law relationship that is considered a marriage in the eyes of the law is also considered. If the bond between the step-parent is broken, the effects on the child could be awful. Anyone who wants to keep their access to the child intact, should really consult a Family Law Lawyer. There is case law that will be on the side of the step-parent and their legal rights, especially if the child views the step-parents as another parent figure. The Courts will not grant visitation lightly and will take the care to make sure that the relationship between the step-parent and the child needs to take place in the child’s life. As a step-parent, remember that providing child support may be included in the Agreement that is drawn up in regards to parenting the child.

The team at Grant Lee Law will work with you using their vast knowledge of Family Law. They understand all sides of all situations that arise during a separation and divorce. They will work with you and the Courts to reach a solution that works for everyone, especially the children. Angela Grant-Lee will use her twenty years’ experience to help you understand Family Law, no matter the situation

Call today to book your consultation…905-315-6837

Not Seeing Eye-to-Eye?

Thu, 15 Sep 2022 13:53:24 GMT

You and your ex may have totally different outlooks and thoughts about life but you have one thing you have to come together about…your kids. You may not like it, but it’s your reality. How you handle your kids while having differing parenting styles will have a big effect on your kids. Chances are you can’t stand your ex, but the love you have for your children must supersede everything about how you feel about your ex. As much as you probably don’t want to think about your ex and why they act the way they do, you’re going to have to. You got together for a reason and now you have kids. Any differences you had may have been part of the attraction that led to your union. Enter the children and eventual split and now you need to work through differences that may includ parenting styles.

The fact of the matter is that the actual separation or divorce is not what effects the children. It’s the parenting and disagreements that happen after the split that the kids can carry with them for a lifetime. If you hate your ex, perhaps talk to a friend, not your kids. Your family doctor can recommend a counsellor for you if you would rather talk to a third party. You really need to find a way to move past your hatred and deal you any lingering resentment.

If you’re finding it really difficult to move forward, the following tips may help:

· Communicate with the other parent via electronic means so that the kids won’t witness arguing

· Agree to not discuss subjects that you know will start arguments in front of the children

· Don’t criticize the other parent to the kids

· Perhaps have someone you both agree on and trust do the pick-ups and drop-offs4

· Go into Mediation

· Use counselling services

Take a check on your own behaviour if you really can’t along with your ex. Are you speaking badly about the other parent to the children? Or if one of you has a new partner, are they respectful to your ex with the kids? You may to keep an ear out to make sure all is well with the new partner and the kids. The same goes with others that have relationships with the children. Everyone needs to remember that kids are just kids and they didn’t ask for their parents not to parent them together and they need stability in their lives.

If you feel the children aren’t being looked after or you are concerned that they are in harm’s way, it may be time to revisit the Divorce/Separation Agreement. Perhaps things like child custody or visitation schedules need to be changed. A change in the Agreement regarding the children could be what needs to take place to have you seeing eye-to-eye with your ex. Talk to the team at Grant- Lee Law if necessary. Keep the legal issues to yourselves. Children don’t need to know about them. Grant-Lee Law will take care of the legalities within your financial means. Angela Grant-Lee and her team will strive to help you find a solution to your co-parenting needs. Reach out to the team online or give them a call at (905) 315-6837. Angela Grant-Lee has a lot of Family Law experience so that you can be available for your children’s well-being.

Grant-Lee Law can be reached by completing their online form or calling 905-315-6837.

Can’t I just get an Annulment?

Mon, 15 Aug 2022 16:44:17 GMT

How Does It Work?

If your mind is thinking about an annulment as a means to end your marriage, you really need to know the definition of an annulment and how it works. According to Ontario law, an annulment can only occur if one the parties in a legal marriage can prove that the marriage isn’t valid. A Family Court Judge has to declare the marriage invalid. The short marriage you want to end has to have a good reason to sever. Annulments in Ontario fall under the AMA (Annulment of Marriages Act.) You will have to prove why you and your lawyer are taking the annulment route to dissolve the marriage instead of divorce. Keep in mind, the team at Grant Lee Law in Burlington will assist you in ending the marriage.

Most common reasons that an annulment can be granted:

· One of the partners is legally married to someone else

· The person applying for the annulment was very intoxicated (didn’t know what they were doing

· One of the partners is a minor

· Marriage took place under duress or fraud

· One of the partners lacked mental capacity/knowledge

The most common reason for an annulment request is the marriage wasn’t consummated. This means that the couple didn’t have sexual intercourse after the legal marriage took place. If one of the parties couldn’t have sexual intercourse and didn’t share that information, that may be a reason for an annulment.

If any of the reasons noted above qualifies for proceeding with an annulment, your lawyer will present it to the Family Court Judge on your behalf.

Some people think they can marry someone for immigration purposes. You can’t marry someone for them to gain entry in to Canada. There is also something called a Religious Annulment. This is NOT done through the Courts but with your religious leader. If you receive a Religious Annulment, it’s not a legal end to the marriage. Chances are you will have to be granted a legal divorce with Family Court. No matter the reason, if you feel the marriage needs to end, call Grant Lee Law. No matter the reason you may think you can end your marriage with an annulment, you will have to prove it to a Judge. If a Judge denies the application to have the marriage ended by annulment, a divorce proceeding will have to take place in order for the marriage to end. Some people think if they have married for days or weeks and have regrets with their choice of partner or decision to marry, they can just get an annulment and be done with that chapter of their life.

The team at Grant Lee Law will answer any questions regarding your situation truthfully and represent you in Family Court. Angela Grant-Lee will use her twenty years of experience find you the most cost-effective solution in ending your marriage whether it be an annulment or divorce.

Grant Lee Law

4145 2 ^nd Floor North Service Road, Burlington

(289) 384-0350

Death During Divorce

Tue, 12 Jul 2022 14:34:38 GMT

Dealing with divorce proceedings is hard enough, can you imagine if your former spouse dies? Tragically, this happens but can be dealt with. Just know the death will change how the separation agreement moves forward. Grant Lee Law will help.

According to www.ontario.ca/separation-divorce-and-estates/ :

In Ontario, if the deceased was divorced or separated after the Will is made,

then the Will is read as if the separated/divorced spouse died before the testator:

Any appointment of the former spouse is voided: and all gifts to the former spouse

are voided.

This sounds very confusing, so a call to your Family Law professionals, like those at Grant Lee Law, would help you navigate your role in the untimely death. Basically, always make sure you have a valid Will and it’s up-to-date. Most Separation Agreements state that Will should be a part of the Agreement to take of children should a death take place.

There are different situations that could happen:

· The death occurred before the divorce is final

· The couple were not legally married and so didn’t have a formal Separation Agreement

· The deceased was named in another Will and that person passed away

· The divorce is final, but the ex lived in the matrimonial home upon their death

· Who receives the CPP Survivor’s Benefits and any credits that were earned by the deceased

· What about Child Support going forward

· What about any monies owed, such a Child Support, proceeds of a home sale

All of these issues could arise and could be difficult to resolve if there’s no Will. A death that occurs after a divorce could have issues that need to be looked at legally.

Don’t forget to grieve. You have lost someone that was an important part of your life. There are a few things you may want to do to help you along with the grieving process. Just because you are in the process of getting a divorce, it doesn’t mean you don’t have feelings to deal with. Don’t let others tell you how to grieve. You may be grieving the loss of your partner for a second time. The first time was the separation decision and the second is the death. If you have children together, you will have to help them. This might be a good time to enlist the help of a mental professional. Don’t be a hero. If possible, attend the funeral and take the time to remember the time to remember the time you shared. Be respectful to others that are also grieving.

Your thoughts may turn to your own situation, whether it’s financial or the parenting of the children by yourself. Don’t be afraid, there is help to get you through this time. Lean on your family and friends, they may not totally understand your position but they will hold you and your kids up. Even if it’s for babysitting to give you a break or shared cup of coffee. It’s important to look after yourself during this time.

The team at Grant Lee Law will use their years of experience and understanding to help you.

Contact their office by completing their online form or call 905-315-6837.

Be Respectful (With Your Former Partner)

Thu, 02 Jun 2022 18:50:09 GMT

Yes, you’ve split up but if you have kids, you will still need to communicate. Your children need to see you communicate effectively. Kids learn basic communication skills from their parents and speaking with an ex-partner is the perfect situation to show your kids how to communicate without yelling.

When you speak to your ex, try and do it in a calm place, without an audience. Especially if you need discuss topics that are important. A corner in a coffee shop might be a good idea. One of you might think meeting at a restaurant or a bar would work, but most of them are noisy and if alcohol is involved that could lead to trouble. If your kids are older, perhaps sit them at a nearby table so that they can witness the two of you having a calm conversation. That would be a wonderful way to see their parents communicate.

When you are having a conversation with your ex-partner, take part by listening to their needs closely and react calmly. Yelling and stomping away doesn’t do anyone any favours. There is a tool called active listening that needs to come into play when communicating is a difficult task at the best of times. From www.skillsyouneed.com “Definition of Active Listening…the practice of engaging closely with what a speaker is saying.” Look at the other person, remove distractions (your phone!), don’t interrupt and listen to learn, not to reply.

Try and keep any conversations positive and look around to see if any children are within ear shot. You can have a positive discussion if finger pointing isn’t involved. Don’t start sentences with “You,” start them with “I.” For example, say something like, “I would prefer to…,” instead of saying, “You always want to…” Be open to changing your opinion if necessary. That will prove that you are listening and flexible and willing to work with your former partner. Don’t forget situations change over time with any of the parties involved, so discussions will need to take place.

However, some couples just can’t get along, no matter what. If you can’t speak in person, you may have to resort to phone calls or e-mails. Texts are good for confirming dates, time and locations but shouldn’t be used for larger issues. In extreme cases, your lawyer may have to be involved. It’s best not to pass messages on to the other parent through the kids or involve others. The issue to be sorted out belongs to the parents.

If you want to change anything that has to with legalities regarding your children, the staff at Angela Grant-Lee are more than willing to help you. Some issues are bigger than a conversation with your former partner.

ANGELA GRANT-LEE (905) 315-6837

Child Support Discussions

Mon, 16 May 2022 19:03:54 GMT

Once the decision has been made to formally separate, certain things need to be settled, especially when child is involved.

Once the new living arrangements have been decided upon, child support payments need to be settled. It’s not as easy as you might think. There are factors involved in who pays and how much. Make sure you get the right information. Your friends may think they know the answers you need but every situation is different, so getting legal help is the best plan of action but here is some information to think about.

Remember Child Support is the financial responsibility parents have for their child’s well-being. Remember the separation is not their fault. Child Support is for their benefit and that thought needs to be top-of-mind while all matters regarding Child Support are being discussed.

The people that could be responsible for Child Support are:

Parents
Adoptive parents
Step-parents and those with a parent-like relationship NOTE: This point is murky and needs to be discussed with a lawyer.

The Family Law Act of Ontario will play a part in the determination of who may be required to pay Child Support.

Once determined, the amount of Child Support needs to decided. There is a Child Support table that can be found at www.justice.gc.ca . This table will show you the basic amount to be paid in Ontario. Because ChCCevery situation is different, talk to your legal professional at Angela Grant Lee Law. You will need to factor in expenses that are not the norm. (It’s better have those legally spelled out.) The Family Responsibility Office (FRO) will more than likely have to be involved if you’re the person paying Child Support.

Child Support payments are to be paid until the child reach the age of eighteen. Parents may agree to continue the payments if the child is pursuing a post-secondary education. This will go into the Separation Agreement, which can be amended at any time. The norms regarding Child Support payments are they are paid until the child reaches eighteen, completes post-secondary education (or turns 25, whichever happens first.)

Keep in mind, that parents are obligated to financially support their children. For the good of the child, Child Support payments are enforced. If not paid, FRO can, and will, garnish your bank accounts, deduct any outstanding amounts from federal support payments, report continual non-payment to the Credit Bureau and/or have your driver’s license suspended. The amount of the payment may change over time. They could be lowered or raised as circumstances change.

Your lawyer at Angela Grant Lee Law will help you, no matter what the situation may be now or in the future. You need to focus on what’s best for your child. Hand the legal issues over to Angela Grant Lee Law so that you concentrate on your child. Things can get complicated with Child Support issues, so let experienced lawyers take care of you. Angela Grant Lee Law will work with you to get the financial resolution that is best for you and your child. They will navigate the Family Court system your behalf.

Your Burlington Family Law Lawyer will help you resolve any conflicts. Reach out to Angela Grant Lee Law at (289) 315-6837.

How to Manage Your Life After Divorce

Tue, 05 Apr 2022 18:08:51 GMT

Rediscover Yourself Again!

After a break up with your long-term partner and the legalities have been dealt with, now is the time to get used to this chapter of your life. No doubt you will have several emotions swirling around in your head. Know that’s normal.

You may think of your separation as a failure, but remember that there are two sides to every coin. The decision to separate was for a reason and you will need to work through your feelings and learn coping strategies. The one thing that most people learn when a separation has occurred is that mutual friends will take sides, even if the separation was amicable and needed to happen. Don’t take offence, just be civil if your run into someone who doesn’t talk to you much post-separation. Speaking of acquaintances, you will probably notice that a lot of people will opinions about how they saw your relationship and how you should move forward. All of a sudden, folks are marriage counsellors and lawyers. These people will tell you what to do and tell you how to be single without the understanding that perhaps you didn’t want to the separation. It’s best not to engage with these people because you’re dealing with your own emotions.

An added layer to your new life could be you have had to change where you live. Changing your address, setting up a new place and even the routine of driving to a new residence will play on your mind. Add it to the list of getting used to your new life. You may think that you will be lonely but remember that being alone doesn’t have to have the thoughts of being lonely. This might be the opportunity to make your space yours. Set it up your way, watch what you want and listen to your favourite music. This could be the time to rediscover yourself.

You may have initiated the separation and feel guilty about it. Yes, lives have changed because of your decision but you had your reasons and need to know that making things right will have its rewards for all those involved in the long term. Your life has changed and it was probably for the better although you can’t see it now. You will see the improvement you were looking for and you shouldn’t feel guilty about it. The feelings of remorse are normal.

Once a separation has been agreed upon, the legalities need to take place. The lawyers and staff at Grant Lee Law will help you with those matters so that you can navigate your new life. If find you need help emotionally, speak to your doctor. They will put you in touch with someone that will help you succeed through this challenging time. With the help of a therapist and the team at Grant Lee Law, you will navigate your new life in a way you can be proud of.

Grant-Lee Law will take care of the legalities within your financial means. However, you need to take care of yourself. Reach out to the team online at www.grantleelaw.ca or give them a call at (905) 315-6837.

Property Division After Marriage

Wed, 16 Mar 2022 18:03:39 GMT

We Can Assist With All Of Your Separation Needs

The decision has been made to end your marriage. The eyes of the law states that a marriage is actually an equal partnership, so in actual fact, any property needs to be divided fairly because the partnership has ended. The general rule of thumb is that the property, also known as assets, is divided 50/50. Assets you brought in to the marriage are yours, however if they have increased in value the difference (profit) must be shared 50/50. This is when things get confusing and enlisting the help of Angela Grant Lee Law would be very beneficial.

Property is basically everything owned by you and /or your spouse at separation. Generally, these are the assets that need to be divided:

The family home (see below)
RRSPs
Investments
Insurance policies
Pensions
Businesses

It doesn’t matter whose name is on any of these…they are all considered family property.

Of course, like most matters, there are exceptions. They are:

Gifts received during the marriage from someone other than your spouse.
Inherited property.
Money received from an insurance company.

The family home is a different matter and can be confusing when dividing property. Chances are you will need legal advice from Angela Grant Lee Law.

Some marriages have been known to dissolve amicably without the need for lawyers, but a conversation or two about the property needs to take place and agreed upon and added in to the Separation Agreement. Each situation is different and your lawyer knows this and will make sure your financials are in your best interests. The division of property can be polarizing and really hinder the separation process. Most of the time, calculations of the property’s worth should take place. This could include each spouse’s net worth at separation. Your lawyer will gather all the related information to aid in the drawing up of a fair Separation Agreement. If the parties can’t come to an agreed upon division of assets, their lawyers may have to present their cases to a Judge at Family Court.

Your Burlington lawyer will help you avoid that trip but if the need for Family Court is necessary, rest assured, they will be there for you. Yes, dividing up property can be stressful and cause emotions to run high and that’s exactly the reason for a lawyer. Let them guide and support you through this time. Grant-Lee Law will take care of the legalities within your financial means. However, you need to take care of yourself and your child once the separation is decided upon using a co-parenting arrangement that will work.

Angela Grant-Lee and her team will strive to help you find a solution to your financial needs. Reach out to the team online at www.grantleelaw.ca or give them a call at (905) 315-6837. Angela Grant-Lee has a lot of Family Law experience so that you can focus on other matters, like your well-being, like your well-being.

Angela Grant Lee Law’s family lawyers and staff is here to help you

Silver Separations & Gray Divorces: Age Doesn't Matter

Wed, 16 Feb 2022 20:06:17 GMT

Silver Separations & Gray Divorces

A couple of new terms have recently emerged. The circumstances surrounding them have always been around, but now

they have labels.

Have you heard these terms used in your circle?

Silver Separation Gray Divorce

A gray divorce refers to a divorce between couples that have married for a good amount of time, usually twenty, thirty or even forty years and are generally Baby Boomers. A gray divorce usually starts with a silver separation. Statistics Canada is predicting an increase in this phenomenon much like the increase in divorce rates in other parts of the world.

According to Stats Can, the average of a couple jumped to 44 years of age but couples who are 75 years have been documented to file for divorce. Over 60-year-olds are ending their marriages at a higher rate nowadays. Actually, that age group has almost doubled in the last ten years.It seems that because we are living longer and are more healthy, the trend of gray divorce is rising among those that felt they “had” to stay married. It seems baby boomers are realizing that they can manage on their and have the financial means to do so in their sixties. If they have children, those kids are grown and gone or contributing to the household finances. If you’ve decided, at any age, your marriage needs to end, the lawyers at Grant Lee Law will gladly assist you.

The grounds for divorce are according to the Government of Canada at www.justice.gc.ca

 You have been living apart for a year or longer.

 Your spouse has been physically or mentally cruel to you.

 Your spouse has committed adultery.

What you should do is ask a lawyer for legal advice. Know that Grant Lee Law will assist you. The staff and lawyers at Grant Lee Law will work to make to the process as seamless as possible. Hopefully as a couple, you have agreed on most issues so it will be just a matter of making the separation legal while waiting to apply for final divorce. If you can reach agreements on things like property and other financial issues, you can save money and time in the long run. It seems that the biggest issues with gray divorce are financial so a family law lawyer needs to be involved so that both parties are satisfied and can move forward. For instance, child support payments are probably not issue, but there might be payments for post-secondary education and/or spousal support that need to be addressed. Issues are different when a couple have been married for a few decades. Matters surrounding any property that is jointly owned also need to be considered. This doesn’t mean just property as is in homes and land but physical assets, shared debts, pensions, investments and life insurance. It’s easy to say that the other party can have the life insurance or whatever, but what happens to it needs to be added to the separation agreement. Have a think about all of the facets involved in your life.

Perhaps have a discussion with your lawyer what would happen to your property should you pass away. Your Will needs to updated also. Grant Lee Law will help you. Grant Lee Law can be reached by completing their online form.

Talking To Your Children About Your Separation

Fri, 21 Jan 2022 20:00:16 GMT

Take A Collaborative Approach To Separation

Your life has taken a turn you thought would never happen. You and your partner have made the decision to separate. This may be the time to call on the expertise of Angela Grant-Lee Law. What is making things more troublesome is dealing with any kids that are part of you both. Separation is a confusing time for all, especially the children. This this when you and your ex-partner need to come together and help your kids navigate this

change in their lives. Your first task needs to be explaining what a separation is. Perhaps explain the situation in the easiest way possible using words they understand. Basically, separation happens when parents decide not to live together. (This is how www.ontario.ca explains it.) This is quite a matter-of-fact definition. It’s the time following the announcement that you need to be available.

Your kids may be shocked at the announcement which that has likely turned their world upside down. As parents, you need to be prepared to help them get through this time in their lives. After the initial shock of the announcement, feelings of uncertainty are more than likely to surface. They may wonder what their living arrangements will be and if they will still have a relationship with the estranged parent and their family. Be prepared to answer any and all questions. During this time, feelings of anger may come to the forefront. Your easy-going child may develop issues and you will have to deal with them while reassuring them that they are still loved by both parents.

What your kids want you to know:

 They want to be a part of both parents’ lives

 Don’t argue in front of them

 Be supportive of them

 Communicate with each other, don’t pass messages through them

 They want to be a part of both of your lives

Your kids need to know why you’re separating age appropriately without making the other person the “bad guy.” Remind them that you’re not separating from them. That may sound obvious to you but your child may need to be reassured. Perhaps just tell them that “we don’t get along anymore.” Let them know that things will change but by telling them regularly that you love them may alleviate their pain somewhat. You need to

let the kids know it’s okay to talk about everything, that includes the other parent. Talk to your estranged partner about how questions should be answered. This will also show that you both are united in matters related to the children.

Keep the legal issues to yourselves. Children don’t need know to about them and become your sounding board. They are trying to get used to their new lives. Grant-Lee Law will take care of the legalities within your financial means. However, you need to take care of yourself and your child once the separation is decided upon using a co-parenting arrangement that will work. Angela Grant-Lee and her team will strive to help you find a solution to your co-parenting needs. Reach out to the team online. Angela Grant-Lee has a lot of Family Law experience in Burlington and beyond, so that you can be available for your children’s well-being.

Co-parenting During the Holidays

Wed, 15 Dec 2021 17:15:24 GMT

Co-parenting can be challenging at the best of the times but without a well laid out plan covering the holidays, there could be difficulties for all parties concerned. The parties that should have consideration are not only the child’s parents, but their family’s as well. During the holiday season, plans need to be discussed and made in advanced. More than likely, the families would like the child to participate in celebrations and traditions. Making the arrangements could lead to arguments from both parents. With the right planning, plans can be made that will satisfy everyone while keeping the child’s happiness in the forefront.

Keep in mind that school-aged children have two or more weeks away from school, so that should help while making plans. In a perfect world, the child would spend Christmas Day with one parent and New Year’s Day with the other but it always doesn’t work out that way. Time should split equally between the parents to benefit everyone, especially the child. Plans should be agreed upon so the child will have no stress to deal with the holidays’ arrival. If issues can’t be resolved, Angela Grant Lee Law will help.

While setting the holiday arrangements:

Communicate, communicate, communicate!

Keep the lines of communication and be available for any discussions. If you co-parented last year, think about the plans that worked out and those that didn’t. Meet in the middle if necessary and play fair with each other while keeping your child’s needs in the top of your mind.

Set ground rules

Each parent may have traditions that they would like the child to participate in but child drop offs and pick ups need to adhered to. In these times of COVID-19, a discussion about who the child may visit with may arise. Make sure you both agree on how gatherings will be handled.

Think ahead

While there are traditions that take place through the holidays and and they are important, nothing is more special than time spent with the child during the holidays. It may work out that a gathering may be missed or may have to be rescheduled, so be it. The child comes first. Perhaps it’s time to start new traditions.

Making plans for the holidays in advance is best to avoid last-minute disputes. Another discussion that should take place is about the purchase of gifts. Both parents need to be on the same page about each other’s gifting and not to try to outdo each other. A co-parenting situation can work if handled properly. The holidays can be a joyous occasion but if you are have trouble reaching an agreement with co-parenting during the holidays Angela Grant-Lee Law will assist you and take care of the legalities within your financial means. Angela Grant-Lee and her team will strive to help you find a solution to your holiday co-parenting needs.

Reach out to the team at Angela Grant-Lee Law online at www.grantleelaw.ca or give them a call at (905) 315-6837.

Understanding Child Custody: Everything You Need to Know

Mon, 08 Nov 2021 18:20:39 GMT

Decisions need to be made regarding the children when a couple separates or divorces.

Child custody is about who has the control, maintenance and care of the child/ren. Both parents have the right to have a relationship with the child. When a couple’s marriage dissolves, a decision needs to made regarding child custody. The court will generally grant custody to the person who has it if there is no dispute but there may be decisions to be made about access to the child. Access is given to the parent who doesn’t have custody of the child. The parent who has access will have a visitation schedule and will receive any information regarding the child on a timely basis. A call to Grant Lee Lawyers will explain this to you.

Different types of child custody:

Sole custody – one parent makes the decisions. Child usually lives with this parent.
Split custody – each parent gets one or more of the children.
Joint custody – both parents share in the decisions for the child.
Shared custody – where the child is with each parent more than 40% of the time

Remember that the Ontario Family Courts priority in dealing with families is sorting out custody and access that is in the best interest of the child, not the parent. You will need a lawyer to help you navigate the court process. This is when Grant Lee Law can help you. If you don’t get the custody arrangement you would like, you can request an access order which allows you to visit and spend quality time with your child.

Factors in determining type of custody

The child’s needs. Usually based on age and development
The type of relationship between the child and each parent
The child’s preference with the child’s age in mind
How the child’s needs will be met
The willingness to deal with the child’s well-being together

You need to focus on what’s best for your child. More than likely, the child will need to supported emotionally and have the reassurance of their parents’ love of them. Hand the legal issues over to Grant Lee Law so that you concentrate on your child. Hiring an experienced Child Custody Lawyer will really increase the chances of you winning the custody arrangement that you would like. Grant Lee Law will give you the information you need to resolve the custody situation you’re dealing with. Things can get complicated, so let experienced lawyers take care of you. They will work with you to get the resolution that is best for you and your child. They know how to prepare for court and will navigate the Family Court system your behalf.

Grant Lee Law knows what a contentious issue child custody can be. They will work with you while using cost effective solutions to meet your needs and that of your child. They have a lot of experience in dealing with all types of families and situations. Let them help you during this challenging time. If you have a question, complete their online form and they’ll be in touch.

Is A Separation Agreement Required?

Mon, 04 Oct 2021 18:25:10 GMT

Grant Lee Law Is Here To Answer All Of Your Questions...

In one word…YES!

If you and your spouse, married or common-law, have decided to live apart, a separation agreement will give you peace mind that issues with your estranged spouse are settled as you move forward with your everyday life. Let Grant Lee Law help you create a workable separation agreement. Your separation may be amicable but issues should be spelled out to avoid future arguments and understand the obligations of both parties.

The issues that should be settled are financial and custodial for the most part. Obligations surrounding jointly owned property also need to worked out.

You become separated in the legal sense when both parties are living “separate and apart.” This can be at two different addresses or in the same house with each person having their own room and sharing finances and meals. A separation agreement is drafted so both people know what their responsibilities are. The agreement needs to be fair and honest. Grant Lee Law will see to it that you will be satisfied with your agreement.

If financially dependent children are involved, consideration will be taken into account regarding their ages and who how the finances will be divided surrounding their well-being. Who has custody and where the children will live are the big decisions that to be figured out. A visitation schedule needs to be spelled out at this point. Matters like paying for daycare, any extra-curricular activities and the amount of child support will need to be decided upon and settled. If there is a post-secondary student involved, discussions surrounding tuition and supplies need to take place. Even with an amicable separation, a responsibility involving the children may fall through the cracks that make a having a legal separation agreement ideal.

Matters surrounding any property that is jointly owned also need to be divided up, so to speak. This doesn’t mean just property as is in homes and land but physical assets, shared debts, pensions, investments and life insurance. It’s easy to say that the other party can have the life insurance or whatever, but what happens to it needs to be added to the separation agreement. Have a think about all of the facets involved in your life. Perhaps have a discussion with your lawyer what would happen to your property should you pass away. Your Will needs to updated also.

Your separation agreement needs to be made legal and binding. The issues mentioned earlier need to be covered and added to your agreement.

Some people have drafted their own separation agreement but remember that a lawyer needs to review it to make sure all issues are looked after and covered. Never ever assume that the agreement you have drafted with your ex is set up to benefit you. Having a lawyer at Grant Lee Law look over your agreement would be a great step to make sure everything will be workable moving forward.

During the process of separating, a separation agreement needs to created. Both parties need to have their responsibilities understood legally to avoid issues in the future. The team at Grant Lee Law will use their years of experience and understanding to help you with your much needed separation agreement. Contact their office by completing their online form or call 905-315-6837.

When Mediation Might Be Required

Thu, 02 Sep 2021 14:41:55 GMT

Unfortunately, relationships breakdown. It’s a sad reality but it happens. When you’ve a retained a lawyer, they may suggest the use of mediation to resolve issues though Family Mediation Services. However, you should really know the definition of mediation.

The definition at www.ontario.ca reads:

Mediation is a negotiation between two individuals with someone’s help.

(For the complete definition, check www.ontario.ca )

Your lawyer at Grant Lee Law will explain the mediation process and will be honest if going through a mediation is the route you should take to resolve issues that cannot be agreed upon amicably and in a time sensitive manner. There really is no need for your divorce/separation to be messy and Grant Lee Law wants to avoid that and be of assistance.

Part of your discussion will cover the five steps of mediation. They are:

1. Covening The Mediation

2. Opening Session

3. Communication

4. The Negotation

5. Closure

Your lawyer with Grant Lee Law will explain that the Mediator is a third party that is neutral and will guide you to through the steps of mediation to reach an agreed upon solution.

You may be surprised at the benefits of mediation. They include the saving of time and money. Surprisingly, the actual mediation meetings with your Mediator are quite informal. There’s no need to feel intimated like you would in a courtroom. The mediation does not have to be held at the Court House involved the dispute but could take place at a location convenient to all parties, or may take place by telephone or video conference. The lawyers of the parties must attend the mediation meetings. Both lawyers will bring a list of the issues in dispute and any documents that are needed.

To get the most out of your mediation you should work with your lawyer in preparation. More than likely you both know the outstanding issues but you should agree on how you would like the issues to settled. Be realistic with your expectations. Your Grant Lee Law lawyer will guide you to make your mediation productive and a success. The lawyer will remind you the goal of mediation is not to “win” but to find an acceptable solution for both parties.

After the mediation session, your lawyer will review any agreements reached and check to see if they meet your requirements. If there are still many outstanding issues, a trial may need to take place or perhaps another mediation session could be of help. However, most medition sessions are successful.

Grant-Lee Law will take care of the legalities with all stages of the mediation process. However, you need to take care of yourself and your child once the separation is decided upon. Reach out to the Angela Grant Lee Law team online at www.grantleelaw.ca or give them a call at (905) 315-6837. Angela Grant Lee has a lot of Family Law experience and will be more than happy to guide you through the mediation process. There is absolutely no reason to be intimated, Grant Lee Law has your best interests top of mind.

Parenting Together in 2021

Wed, 11 Aug 2021 15:15:17 GMT

Your marriage may have dissolved but you still play important an important role as a parent. If there’s been no violence or dire issues like substance abuse, both parents need to take an active and amicable role for the emotional well-being of their children. A good co-parenting strategy will provide to stability and the security your child needs to adapt now and in the future. If you need help finding a solution to your parenting needs, Angela Grant-Lee Law will assist you.

Yes, you’ve probably had a difficult time dealing with your separation and its issues but you need to put those issues aside when it comes to parenting. Your child needs to feel more important than the grown-up issues that need to be dealt with by adults. They don’t need to hear your complaints about their other parent. That becomes a breeding ground for anxiety and security and another thing for you to worry about during this time of change in everyone’s lives. As a parent, you really need to separate your feelings about our ex while working on your new reality of co-parenting.

Let the team at Angela Grant-Lee Law deal with financial and shared custody matters while you spend quality time with your child.

Don’t forget your child is dealing has needs and wants that are needed from their parents to have a successful co-parenting relationship. The child needs you to stay involved in their life to make them feel important and wanted. Even a quick text or call will suffice. Your child needs you to show a united front and be in agreement about matters related to them. For example, your child takes music lessons and you think soccer is the way to go, keep it to yourself. Your child is not a messenger, their purpose in life is not to communicate on your behalf. Speak to the other parent yourself. Also, be respectful when speaking to or about the other parent. Your child will be forced to choose one parent over the other if bad mouthing takes place.

As time moves forward, do not play the “Blame Game.” Hopefully you didn’t take part in it during the initial separation process. Co-parenting requires parents to be diplomatic and mindful of their child’s feelings. Keep your child’s age in mind and be available to help navigate them and make them feel loved.

A co-parenting situation can work if handled properly. Grant-Lee Law will take care of the legalities within your financial means. However, you need to take care of yourself and your child once the separation is decided upon using a co-parenting arrangement that will work. Angela Grant-Lee and her team will strive to help you find a solution to your co-parenting needs. Reach out to the team online at www.grantleelaw.ca or give them a call at (905) 315-6837. Angela Grant-Lee has a lot of Family Law experience so that you can be available for your child’s well-being.

AWARENESS OF PARENTAL ALIENATION

Tue, 22 Jun 2021 15:43:26 GMT

Parental Alienation does happen, sadly, to adults and children...

“Parental alienation describes the process in which a child becomes estranged from a parent.” This is the basic definition. It is actually a legal and psychological matter. It usually happens to children of divorce in which the non-custodial parent undermines the custodial parent where there is an intact (good) relationship. However, it can work either way. The parent the lives with could be trying to turn them against the other parent. The child is turned against their parent usually by manipulation. The child is usually told about issues that instill fear in them. The child the becomes a part of the parents’ conflict. Sadly, the victim may no longer want to spend time with the parent that they have been coerced to believe is not a good person and may want to stop contact. There are other indicators that the child is being manipulated. The child may present with anxiety, fear and upset regarding visits if the custodial parent is trying to alienate the child from the non-custodial parent. No matter which parent is the offender, the child will suffer. Legal action may need to take place in the best interest of the child. The child needs to be protected from their parents’ conflict.

If you are concerned that your former spouse is trying to alienate your child from you, there are steps you can take:

• Contact a CollaborativeFamily Lawyer, as soon as possible

• Keep talking with your child and don’t attack the other parent

• Find a Counsellor for your child

If you’re an adult, your parents may be alienating you but they may want contact with their grandchildren without your involvement. If your child is a minor, this may not be appropriate to you. You may need to seek out legal counsel especially if a former spouse and a custody agreement is involved. If possible, try to come up with a solution that is suitable for all parties involved. If you feel your parents could harm your children and they are trying to force you into an uncomfortable situation, legal counsel may be a necessary recourse.

What needs to be remembered in all Parental Alienation situations is that it can happen in any family unit and professionals such as lawyers and counsellors may need to be called upon. Some disputes need legal intervention. Don’t hesitate to contact a Family Law professional and most of all remember any action is in the best interest of the child.

All of life’s relationships need to be healthy! If you're looking for a collaborative approach to family law Grant Lee Law is happy to assist you.

Are You A Sandwich Generation Member?

Sat, 03 Apr 2021 17:54:58 GMT

Living in the Sandwich Generation...

If you’re of the age when you’re raising kids and your parents are still alive. Who are you? You actually have a name. Wait for it...you are a member of the “Sandwich Generation.” Believe it or not, there’s an actual definition. And here it is:

Sandwich generation - Wikipedia

You care for your children and your parents. Both parties don’t have to live with you for you to be responsible for both sides but you have to be available to them at all times and that’s a fine line to walk on a daily basis. Members of the Sandwich Generation are stressed more than

they’d care to admit because they are dealing with financial, medical and social issues from both sides of the sandwich as well as their own. It’s not necessary to feel the burden of both sides of the sandwich. Just remember you’re not alone.

To help cope and look after yourself, here’s a few tips:

Remember to breathe.
Exercise regularly.
Read a book or magazine of your choice.
Talk on the phone with a non-Sandwich member.
Do an activity you enjoy, like gardening and crafting.
Listen to music.
Meditate.
Sit quietly in your favourite place.
Go for a drive.
Take a vacation for a day, weekend or week.
Watch your favourite television or movie.
Treat yourself within reason by indulging with chocolate or even a glass of wine.

Also, to alleviate stress with your parent/s, holding a family meeting might be a good idea to discuss legal matters such as setting up the Powers of Attorney and the Will and Testament to give everyone a piece of mind.

Seniors: plan for the future | Ontario.ca

Please don’t forget to ask for help. You aren”t superhuman and don”t feel ashamed .Perhaps a therapist or caregivers’ support group may help. Even enjoy a dinner or coffee date with a friend in the same position who would understand.

Case in point...as I wrote this, my 79 year old mother called about an upcoming medical appointment and my 20 year old, who is home for the summer, asked if the laundry was finished.

Remember to breathe!

Old (Laws) Are Out And New Ones Are In

Wed, 30 Dec 2020 20:14:17 GMT

If ever there was a time that called for Major New Year’s Resolutions, 2020 seems to be It. While the annual ritual of stating goals and intentions can be a healthy exercise, sometimes it can be equally useful to look back and review some guidelines that we’ve followed in the past, just to see if they are still of use to us...or have possibly stayed around beyond their best-before date. As a lighthearted farewell to 2020, here are a few actual laws that were, and in some cases are, still on the books. courtesy of goodhousekeeping.com and narcity.com...

In Ontario, it’s illegal to drive your sleigh on the highway without at least two bells attached to the harness of your horse.

It's against the law to drive blindfolded in Alabama. (Would you not love to know what incident made this need to be mandated into law in the first place?)

In Sudbury, do NOT attach a siren to your bicycle.

In Arizona, it’s illegal to let a donkey sleep in a bathtub. In this case, we DO know the reason: apparently, a broken dam flooded a rancher’s property, including the rancher’s bathroom, where his donkey was using the tub as his bed. After said donkey was whisked miles away by the floodwaters, some civil servant had the pleasure of drafting this up as statute.

Current law in Alberta states that it is verboten to paint a wooden ladder.

In Berkeley, California, it is against the law to whistle for your lost canary before 7am in the morning.

It's Illegal to whistle in Petrolia, Ontario. According to the town's website, "Yelling, shouting, hooting, whistling or singing is prohibited at all times."

In Connecticut, it’s not so much about how the pickle squirts, but about how it bounces. Two men there were arrested for selling pickles that were deemed inedible. How to test if a pickle is actually fit for consumption? According to the powers-that-be, a good pickle Bounces. No word if bylaw officers were subsequently trained in the aesthetics of pickle-bouncing.

ALWAYS settle your hotel bill in Ontario. If not, the hotel can legally sell your horse.

In Kentucky ... a woman cannot marry the same man four times. (Somehow it seems like this crime comes with its own built-in punitive measures.)

In Kanata, Ontario, purple garage doors are against the law.

Drunk bingo is unlawful in North Carolina.

In Oak Bay you could be fined $100 if you parrot talks too loud.

"Idiots" are banned from voting in New Mexico. As well, "insane persons convicted of a felonious or infamous crime" are ineligible to cast a ballot.

In Fort Qu’Appelle, Saskatchewan it’s illegal to walk down the main street with untied shoes.

Footwear seems to have been a pressing concern. In New York, slippers are banned after 10 p.m.

And, speaking of style misdemeanors, it is against the law in Fredericton to wear a snake in public.

It is illegal to sleep in any cheese factory in Wisconsin. (This statute is more fascinatingly precise than archaic, as its original intent was to make sure that no worker was falling asleep while operating heavy machinery.)

As we’ve seen with technology and social mores, rules and laws, And relationships, evolve. Collaborative Family Law may be the most positive and peaceful avenue you pursue in the New Year. Grant Lee Law is just a call or click away. We wish you health and contentment in 2021...

Guidelines for Raising Children After Divorce

Tue, 13 Oct 2020 15:17:33 GMT

You love your children like crazy. But, unfortunately, you’ve fallen out of love with your spouse. You’ve grown apart and the only thing currently keeping you together is your kids. Is staying married for them actually beneficial in the long run? Research says 80% of children of divorce end up adapting well, without seeing a lasting effect on their mental health or grades. This process is never easy. But there are some rules of thumb; some simple do’s and don’ts that will help you keep your kids happy during this trying time.

Don’t speak negatively of the other parent

You know better than anyone that your children repeat absolutely everything. If you have a negative opinion of your former spouse, it should absolutely never be communicated to your children. Their relationship with their parent is their own and should not be influenced by either partner. Speaking ill of your former spouse in the presence of your children will instigate unnecessary drama, confuse your children and encourage immature behaviour.

Do communicate directly

If you do find yourself with ill-will toward your former spouse, speak to them directly. Never use your children as middlemen, directly or indirectly. Studies show that children thrive from stability and that high conflict between parents can result in an extremely harmful situation for your children.

Don’t change things up

If you and your ex can’t agree on a streamlined parenting style, now may seem like the perfect time to start doing things 100% your way. While you are not wrong, do consider that your children are enduring a massive transition period. Gradual shifts in your parenting style will be better accepted than large, sweeping changes.

Do honour best practices

In the same vein, it may seem like a great time to become “the fun parent.” Was the kids’ bedtime 8pm when you were with your ex? Resist the urge to win their affection or ease your guilt by letting them disregard rules. You will thank your ex for doing the same when the children are there.

Don’t freak out

This time is difficult for everyone involved. It will be a struggle for your children, your ex, the grandparents, and yourself. As with any transition, just allow everyone a little bit of cushion. Accidents and mistakes will happen, arguments will erupt, and meltdowns might occur. Don’t let these deter you from your co-parenting plan. With consistency, each day will be better than the last, so try to stay on an even keel.

Do your best to make it easy

Offering leniency is a great way to facilitate a successful transition. Have your children ready for visitation times, allow them to call their other parent or grandparent whenever they desire, and stay empathetic. They are going through this divorce just as much as you are.

Don’t exclude anyone

Involve your ex in your children’s daily lives and extracurricular activities. Avoid petty thoughts of only allowing your children to see the other side of their family during certain visitation. This will only end up hurting and confusing your children. It’s extremely important that your children see and understand that, although you are no longer together, you both still love them.

Do over express your love

Tell your children that none of this is their fault. It’s likely that they’ll default to this mindset and want to blame themselves. It’s up to you and your ex to nullify these thoughts by way of affection and reassurance. Your expression of unconditional love will never be too much and can truly make a difference in the emotional nurturing of your child.

Remember: how you feel about your ex is not nearly as important as how you feel about your children. Always keep them at top of mind to allow for a healthy transition. When it comes to collaborative divorces and family law in Southern Ontario, we’ve seen and been through it all. Call the family attorneys that truly care about you and your family. Grant Lee Law is available for a consult today!

Top Divorce Films

Mon, 14 Sep 2020 15:37:17 GMT

There are times during a breakup when what you really need is a movie to make you laugh or cry, and remind you that you’re not alone in your experience. Being locked down in Southern Ontario during the Covid-19 crisis gave people a lot of time to watch more movies and TV than ever before.

Blogger Beth Hemila writes that when women shared their favourite divorce and breakup movies with her, “It seemed silly at the time, but as I watched some of these movies while beginning my life alone, I felt both comforted and consoled by the humour, sadness, and universal connection of love found within these stories.”

So turn on the TV, grab some snacks and a good friend, and pick from some of the best divorce movies below!

“First Wives Club”

We love this 1996 classic because it proves that you don’t have to have a fairytale to get a happy ending. After decades apart, three college friends (Diane Keaton, Goldie Hawn and Bette Midler) whose ex-husbands left them for younger women join forces to get revenge. Laugh-out-loud scenes, an unconventional musical number, and a young Sarah Jessica Parker make this a light-hearted must-see.

“The War of the Roses”

Another classic; this 1989 film follows a wealthy couple, played by Michael Douglas and Kathleen Turner, with a seemingly perfect marriage. When everything begins to fall apart, things get increasingly dark as material possessions become the center of an outrageous and bitter divorce battle. No one, not even the family pets, are safe…

“Crazy, Stupid Love”

When Cal, played by Steve Carell, is told by his wife, played by Julianne Moore, that not only does she want a divorce but that she also cheated on him, his life is turned upside down. Enter womanizer Jake (Ryan Gosling), who’s determined to teach Cal everything he knows. Look out for the brilliant plot twist and hilarious moments that will leave you rooting for everyone in this movie.

“Sideways”

This smart film finds two friends reaching middle age with little to show for it. As they embark on a week-long road trip through California’s wine country, Miles, played by Bonerstink Giamatti, must admit that he’s still depressed since his wife left him, while Jack, played by Thomas Hayden Church, is on a last fling before his wedding.

“Eat Pray Love”

When a married woman (Julia Roberts) realizes that her unhappy marriage is just the latest in a lifetime of failed relationships, she decides to seek experiences that she can marvel at. Her painful divorce catapults her into a one-year, round-the-world journey through Italy, India and Bali to find herself.

“It’s Complicated”

Need to lighten the mood? Follow exes Meryl Streep and Alec Baldwin as they navigate divorce and the messiness of getting back together—or are they? Throw in grown children and Streep’s love interest, Steve Martin, and you have the makings of a perfect romantic comedy.

“Kramer vs. Kramer”

Our second Meryl Streep film, this emotional 1979 work takes a much more thoughtful look at the fallout of divorce. Dustin Hoffman plays Ted, a workaholic who is blindsided when his wife Joanna (Streep) leaves him and their young son, Billy. When she returns, a bitter custody battle ensues. This film took home five Oscars at the 52nd Academy Awards in 1980, including Best Picture, Best Actor for Hoffman, Best Actress for Streep and Best Director and Best Adapted Screenplay for writer/director Robert Benton.

“Blue Valentine”

This dark film follows the courtship and breakup of a modern-day married couple, examining the demise of their relationship by cross-cutting between time periods to show their last moments intermingled with a doomed beginning. Michelle Williams and Ryan Gosling show how you know you know it’s over in this melancholy drama.

“The Squid and the Whale”

Set in 1986 Brooklyn, Jeff Daniels and Laura Linney star as writers with diverging careers who separate after unbearable tension and infidelity. Their two sons, Frank (Owen Kline) and Walt (Jesse Eisenberg) begin to act out as they are shuttled back and forth in a mind-blowing custody agreement that has them at one house “Tuesday, Wednesday, and every other Thursday.” Witty and heartbreakingly realistic, this one often hits close to home.

“Under the Tuscan Sun”

In this 2003 romantic comedy drama, Diane Lane plays recently divorced Frances, who escapes to Tuscany in an effort to move on. Her 10-day tour soon extends indefinitely when she sporadically puts an offer on a crumbling Tuscan villa. She experiences anger, frustration and sadness, which give way to acceptance, peace and of course, romance.

“Intolerable Cruelty”

Not the most accurate portrayal of divorce attorneys, we admit, but it’s a lot of fun watching George Clooney meeting his match in Catherine Zeta-Jones and learning there’s more to life than his unbreakable “Massey prenup” in this 2003 romantic comedy from the Coen Brothers.

If you need assistance navagiting collaborative child custody, seperation or divorce, trust the family lawyers at Grant Lee Law and call us today for your consultation.

Why Hire A Burlington Collaborative Attorney?

Thu, 27 Aug 2020 15:09:16 GMT

We all suffer from crises. Becoming rigid and supporting disputes in these situations can make this crisis more complicated. For example, if we talk about divorce or separation, then there is the involvement of judges and lawyers in regular divorce cases. You can say that courtrooms usually get turned into battlegrounds. So, do you seriously think this is how one should handle these crises of their life? Here we will discuss why choosing collaborative law should be your priority. Let us first discuss what is a collaborative law or collaborative practice?

What is collaborative law?

Collaborative law or practice is a non-adversarial approach. In this approach, lawyers usually prefer not to go to the courtroom. They prefer negotiation between both parties. They work in mutual understanding. This practice promotes the ease of emotional and mental breakdown of individuals and works for their children's wellbeing.

Reasons to choose collaborative law:

Now we will tell you the benefits of collaborative law, which help explain to you very well that choosing collaborative law is best for your divorce or separation.

1. Reduces disputes and hostility in family

When you choose collaborative law or practice, you get face-to-face sessions with another person. There is no dispute and hostility you may face in the courtroom because you cannot openly express all your opinions comfortably in that room. But collaborative practice allows you to do this.

2. Children wellbeing:

The most important reason for choosing collaborative practice is the wellbeing of your children. When parents got separated, they are already facing an emotional breakdown. In this situation, if you are further accusing each other and getting frustrated with each other. Then this can make your child's condition worse.

3. Focus on the problem's solution:

Collaborative lawyers focus on your problem's solution. They help you design a proper plan according to your needs, your point of conflict and problems.

4. Mutual problem solving:

In collaborative practice, both parties talk about their conflicts, and the issues are mutually resolved to understand each other.

5. No need to deal with court formalities:

One of the positive sides of choosing collaborative practice is that you don't have to become a mess in the courtroom and deal with court formalities daily.

6. Get an understanding of each other needs and expectations:

There is no communication gap; all the issues are resolved on time, you don’t have to wait for court dates, and above all, these lawyers make you able to understand each other needs and expectations.

7. Develop beneficial mutual agreements:

Collaborative law makes a mutually beneficial agreement for both parties, it is a fair way to discuss your wants and needs.

Getting Custody Of A Child From A Narcissist: Techniques

Wed, 22 Jul 2020 15:25:37 GMT

Navigating a custody battle with a narcissistic spouse is at the top of the list for stressful splits. Maybe your spouse will never accept blame, is endlessly combative, or consistently manipulates situations involving you and your child. Whatever strategies your narcissistic ex might employ, you can successfully gain custody of your child by proactively following some simple steps.

Organization

When dealing with a narcissist, it is essential that you document everything. Any failure to appear for visitation, problematic online behaviour, or threatening text messages should all be recorded. Incidents of substance or domestic abuse should be documented. Any evidence or support that you have against your spouse should also be organized neatly in your binder with additional copies.

Preparation

Most importantly, schedule a consultation with your divorce lawyer so you can strategize about how to obtain the best outcome possible.

Prepare yourself mentally by knowing how your spouse might try and defraud your character or launch personal attacks. Practice keeping calm and retaining your composure. Prepare yourself emotionally by finding trusted friends to support you in the time leading up to the trial. It is important that you have support systems so you can protect your children as much as possible during the process.

Boundaries

Psychology Today recommends establishing firm boundaries around how much contact, interaction, and time your ex spends with you and your children during a divorce. The key is clear and consistent boundaries. It gets tough being the bigger person in the relationships consistently, but when dealing with a narcissist, it’s essential to have patience. Because a narcissistic parent can be unpredictable, it falls on you to maintain boundaries and not get pulled into your spouse’s abusive tactics and gaslighting strategies. By limiting contact with an ex, it’s easier to successfully move beyond their toxic and controlling behavior and towards freedom.

Self Control

Practicing self control places you in a position of power. If you can show that you can maintain composure, a judge is much more likely to positively rule in your favour in court. In the home, do your best to avoid speaking negatively about your ex-partner in front of the children. Instead, focus on how you can best seek a positive court ruling so your children are no longer exposed that individual’s toxic narcissistic behavior patterns.

Don’t Do It Alone

Dealing with a divorce is hard and when it comes to kids, you need the support of a Burlington divorce lawyer.

If you’re facing a custody battle with a narcissist, let’s us be on your team. Contact us at Grant Lee Law today to schedule a consultation.

Divorce in Southern Ontario During the COVID-19 Pandemic

Wed, 22 Apr 2020 16:53:45 GMT

We're Here To Help You With Collaborative Divorce During These Difficult Times...

Deciding whether to terminate your marriage can be difficult and stressful enough without a pandemic causing additional financial pressures on your household. If you are thinking about terminating your marriage, you may be wondering whether this is even possible during the COVID-19 pandemic given the current “stay at home” order. Although courts in Ontario are closed to non-emergency hearings, there are many things that can be done outside of the court to progress the termination of your marriage, i.e. negotiating, attending mediation, exchanging of financial documents, preparing the necessary pleadings to file, etc.

At Grant Lee Law we specialize in collaborative divorce with mutual respect, open communication, and information sharing. It is a mutually acceptable settlement that is a customized, respectful alternative to traditional adversarial divorce. Our Burlington attorneys are available to discuss and help you progress through this unprecedented time. We are here to answer any questions you may have regarding a collaborative divorce or dissolution, including, but not limited to, financial matters, custodial arrangements, and what you can expect from your Ontario courts.

In the interest of serving our clients safely we will provide our consultations by way of scheduled telephone conference calls or video conferencing. This will continue, with limited exceptions, until such time as the government’s recommendation of increased social distance is no longer in effect. Stay tuned for more updates and please call us with any questions you have.

How Does A Trial Separation Work?

Tue, 04 Feb 2020 15:08:35 GMT

How Does It Work?

A trial separation is an informal agreement for two people to live apart. Essentially, it is an experiment in living apart, during this time the parties remain married, but live apart. A party may move back home, in with a friend, or rent an apartment.

Why Choose A Trial Separation?

This arrangement is typically done for one or both parties to have space apart to evaluate their feelings towards each other, as well as their long-term goals and overall compatibility. Many partners choose to separate before filing for a legal separation or a divorce in Burlington, and agree on a time period for the separation, while others don’t. Trial separations can last from hours to years before a decision to separate legally or stay together is made.

Do Trial Separations Involve A Court Order?

Typically, trial separations typically do not involve a Court Order. A written separation agreement is not mandated under Canadian law but having one could be a good idea. It’s important before someone moves out that you have hammered out the finances, debts, childcare etc. Also, confirm the “agreement” in writing even if by an email. In Canada, an “automatic” ground for divorce is having lived separate and apart without cohabitating for a period of 1 year. So, any trial separation period would count towards that 1-year period.

How Productive Are Trial Separations?

Like everything, trial separations can be productive in certain situations. Certainly, having a therapy/counseling component is beneficial for both sides if there is a true desire to possibly reconcile. If you are not already in counseling or couples therapy, this would be an excellent time to begin. The counseling can afford the parties an opportunity to work on the issues that have divided them. Counseling can be also helpful if there is no compromise in sight, to start working on collaborative divorce transition issues too.

Trial Separation Tips:

Open Communication – If you and your partner are not on the same page about the purpose and goals of the informal separation, you are off to a bad start. Both parties should openly discuss in advance his/her concerns in order to get on the “same page”. Vague reasons such as “I just need to get away” seldom provide needed clarity. Don’t assume that your partner wants the same things as you do.

Set Boundaries – It is important to agree upon an end date rather than leaving the trial separation term wide open. Many folks will set a three to six-month term. Realistically, being apart for much longer diminishes the chances of reconciliation.

Commit To The Process – For a trial separation to be successful the mutual commitment of both parties is crucial. What is good for him should equally apply to her.

Avoid Social Media – It’s a VERY goof idea to stay off Facebook and all social media during any trial separation. Nothing good will likely come from any posts.

Consult a Collaborative Family Lawyer – Before separating be sure to meet with an experienced divorce lawyer to share your plan and seek their advice. This can protect you from unforeseen problems down the road.

A trial separation is a second chance to rebuild and restore your relationship. It does not have to be the prelude for a permanent split. Work hard, exercise good faith and be realistic. If you are considering a trial separation in Burlington, our team of family lawyers and support staff is here to help you. We offer a free 30-minute initial consultation, so you can learn more about your options at no cost to you. Call 905-315-6837 today to get started.

Benefits of Maintaining Accurate Records When Divorcing

Thu, 02 Jan 2020 15:20:01 GMT

2020 is finally here, out with the old and in with the new! Now that the party blowers and hats are put away until 2021, you’re ready to start a fresh new year. Getting organized is a priority for many and part of that means starting a new calendar to track appointments and events and throwing away the one from the previous year.

But wait!

If you are in the midst of a divorce, or even contemplating divorce, getting rid of the previous calendar is a huge mistake. After all it is basically a documented story of your and your family’s daily life.

In a divorce proceeding, especially if there may be custody issues, you will be asked to reproduce your children’s past events, such as health history, sports events, other activities they are involved in, as well as other important events that have occurred. During the stress of a divorce, these are things you might not readily recall but these details can make or break your divorce case.

Calculating Child Support

The calendar can also act as a tool to help refresh your memory. Has your child been seeing a dentist, doctor, or therapist? How often were the visits and what were the costs? Does your child attend birthday parties, bar mitzvas or other events where they bring gifts? Does your child play sports and at a higher level perhaps incur travel expenses for games or tournaments? These days, even at the junior high level, school systems are charging fees for participation on sport teams. These are all expenses that can really add up and need to be taken into consideration.

When calculating child support, one of the issues is how much time each parent spends with the child. If there is a substantial change from the anticipated parenting schedule this can impact the decrease or increase of child support. Rather than by just saying I did this or that, and they did nothing to help and support, pull out your calendar for documentation.

When calculating support in a collaborative divorce case, your lifestyle during the marriage is one of the statutory considerations. Again, by referring to your calendar you will be able to document with dates, trips, high end restaurants, travel, vacations, sight-seeing events, etc.

Much more effective to be able to provide specific dates. Facts that support your claims when there are unusual deviations from what is a typical equitable distribution scenario, or a typical support situation can make such a difference.

So, the bottom line, is hang on to that calendar. Don’t part with what may be a critical piece of evidence in your divorce proceeding!

If you are considering a collaborative divorce in Burlington, our team of family lawyers and support staff is here to help you. We offer a free 30-minute initial consultation, so you can learn more about your options at no cost to you. Call 905-315-6837 today to get started.

What Is Popular In Divorce?

Wed, 20 Nov 2019 18:03:27 GMT

How Divorce Trends Are Changing In 2019

Many people are still hanging on to long-held assumptions about divorce, however trends along with theories about why they have emerged that will likely surprise and possibly shock you, check them out.

Divorce Rates Are Shrinking

Most people are under the impression that divorces are becoming more commonplace when actually there are fewer of them. While the divorce rate has been at 45% for the past several years, the number of divorces each year is declining, simply because fewer people are getting married today. Other factors for the decline in both the number and rate of divorces are later marriages (resulting in mature couples who create a more stable marriage) and birth control, which helps to delay children until couples are ready emotionally and financially.

Divorces Are Rising For People 50+

As a group, baby boomers divorced and remarried in large numbers. So, it should not be surprising that as they age, these remarried boomers will once again be leading the pack in divorces. After all, remarriages are statistically more likely to end in divorce than first marriages. And, those who have ever been divorced, are now divorced, or have been married at least twice make up a large portion of individuals aged 50 and older.

More Women Are Filing For Divorce

A recent study found that in recent years women have initiated 69 percent of all divorces, compared to 31 percent for men. However, that same study found that women and men instigated breakups in equal numbers in non-marital relationships. Why the difference? Michael Rosenfeld, the study’s author, believes that some women experience marriage as oppressive or uncomfortable.

"Wives still take their husbands' surnames and are sometimes pressured to do so. Husbands still expect their wives to do the bulk of the housework and the bulk of the childcare.

On the other hand, I think that non-marital relationships lack the historical baggage and expectations of marriage, which makes the non-marital relationships more flexible and therefore more adaptable to modern expectations, including women's expectations for more gender equality."

Many Divorced Couples Continue To Live Together

The rationalization for remaining in the same house revolves around practical considerations. First of all, it saves money which is usually something that’s in short supply after a breakup. When a two-income household splits into two separate households, simple math tells you there is less money to support each one of them. Couples also stay together because it makes it easier to take care of the children. Communication is better, morning and evening rituals remain in place, both parents can assist with homework, and discipline can be shared and supported. For some divorced couples, the arrangement has an agreed-upon end date: until the house is sold, the rental lease term is up, or the school year has ended. With an endpoint in sight, couples can find it easier to get through the period of cohabitation.

If you are considering a collaborative divorce in Burlington, our team of family lawyers and support staff is here to help you. We offer a free 30-minute initial consultation, so you can learn more about your divorce options at no cost to you. Call 905-315-6837 today to get started.

Post-Divorce Travel with Children

Thu, 26 Sep 2019 14:34:27 GMT

The ink is dry on the papers, and you are officially divorced. Time to take a vacation, but this is your first time traveling solo with the kids. It can be a little intimidating, but it doesn’t need to be. There are tricks and tips to make sure it is a fun and memorable time for all.

If you are leery of going it alone with the kids, why not ask another adult to accompany you. Perhaps a grandparent or aunt or uncle might be happy to go along. They might be happy to spend some time with your children, perhaps giving you a respite to enjoy a shopping trip, museum or something which might not appeal to your kids.

Where To Go?

When it comes to picking a destination for a vacation it’s all about location. You need to select a place that is age appropriate for your kids. For example, smaller children tend to enjoy staying in one place and are content to play in the sand. So, booking a condo or hotel at a cabin or lake would be a nice solution. Older children may need more of an adventure. You know your kids likes and dislikes best so your first step would be to try and find something that will appeal to all of your kids needs. Do they like museums, amusement parks, or rainforests? Perhaps trips to Disneyland or a cruise? The possibilities are endless. You just need to think about it carefully taking into consideration the ages of your children and your budget.

A lot of single parents suggest going to an all-inclusive resort. Family friendly resorts offer a variety of activities for children of all ages. It can be nice to know your kids are enjoying activities with other children their age while you are enjoying a few minutes of relaxation. Another plus to an all-inclusive resort or cruise is that they often offer sales. It is nice to know up front what trips will fit in your budget. Perhaps a cruise might be appealing so that you don’t need to pack and unpack and think about catching a bus or train to go do something fun. It can be delightful to sail at night and just wake up the next day, get off the boat and go explore. You can pre-select your offshore expeditions in advance so that you will know the exact cost ahead of time.

Set Boundaries, Even On Vacation

It is important, just like at home, to set boundaries. Just because you are on vacation, it doesn’t mean a free for all for the kids. They still need to know expectations such as curfews. Encourage your kids to engage other in conversation and interact with others. However, keep your guard up and trust your instincts. For example, just because someone seems friendly and nice, don’t allow your kids to go off somewhere with a stranger. In other words, even though you are on vacation, don’t forget your most important role…Parent in charge!

Keep in mind that as life goes, not all will work out perfectly. There can be delays or mishaps, but this is all part of the adventure. Vacation should be a fun time and a time to make memories with your children. It is a time to expand their world as well as expanding your relationship. It is well worth your time and your money to plan ahead and make it as fun and enjoyable for all!

Have fun!

What Advantages Does Collaborative Divorce Have In Burlington?

Thu, 22 Aug 2019 13:35:26 GMT

If you decide to get a collaborative divorce in Halton, you are seeking a divorce where both you and your spouse can end your marriage with as much dignity and respect as possible – at a lower cost than traditional divorces. Before you decide to make a commitment to this, allow Grant Lee Law to discuss a few of the benefits of the collaborative divorce process.

Collaborative Divorce Can Greatly Reduce The Stress Of Divorce

There is no denying that the end of a marriage can be extremely emotional for everyone involved, but a traditional divorce can greatly amplify the pain, frustration and resentment that come with separation - especially for children. The harder each side fights to get what it wants, the more difficult it becomes for everyone.

When it comes to a collaborative divorce, much of the stress is avoided because both sides are already in the right mindset to resolve issues amicably. The fact that litigation is no longer an option can often encourage faster resolutions. This means less time, less expense and a better mindset – the divorce can be accomplished with minimal stress.

A Collaborative Divorce Can Take Less Time

A typical divorce can require your Burlington attorney to fight for every single aspect of your separation from your spouse — such as: property division, child custody, child support, etc. All of these issues must be argued by both attorneys and decided on by the court – which takes time. Plus, the more complex the issues, the longer it may take for the court to work through them and come to a final decision.

However, in a collaborative divorce, both sides are seeking a solution. The collaborative approach cuts down on the time it takes to decide on all issues, as well as eliminates the need to wait for the court to decide. Where it may take a year or more to get a typical divorce, a collaborative divorce can often be completed in a matter of months.

Collaborative Divorce Can Save Money

Hiring a Burlington divorce attorney can be expensive, especially if they must spend a great deal of time on your case.

Why is traditional divorce litigation so time-consuming?

Well, a substantial amount of information must be gathered, and an argument must be developed to present to the court. Court proceedings also take a lot of time to go through, with many contentious divorces taking a year or more to resolve. The more issues that need to be resolved by the court, the more time it will take. Unfortunately, this adds up to large attorney fees.

How Can Grant Lee Law Assist With Your Collaborative Family Law Services?

Formally trained and experienced in collaborative family law, attorney Angela Lee works with a team of other specialists in the Halton area who are able to support clients with:

• Financial Issues – Divorce Financial Analyst (creating practical solutions for sharing the assets and debts of the family)

• Concerns About Children – Family Therapists (developing parenting schedules that are tailored for your family’s specific needs)

• Emotional Turmoil –Social Workers (neutralizing power imbalances that frustrate effective communication between parties in the collaborative process)

Still Have Questions About The Collaborative Divorce Process?

If you are considering a collaborative divorce in Burlington, our team of family lawyers and support staff is here to help you. We offer a free 30-minute initial consultation, so you can learn more about your divorce options at no cost to you. Call 905-315-6837 today to get started.