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IntroducingFamily Law in Canada

Looking for assistance with Family Law in Canada?

Going through a separation or divorce can be one of the most difficult times in your life. This is especially true when children are involved.

The affordable family lawyers offer alternative dispute resolution. This includes mediation and arbitration. This will help you achieve an agreement without having to go to court. Going to a Canadian family law court is very expensive. Therefore, it should be avoided if possible. When an agreement cannot be reached, one of our experienced lawyers will represent you through court proceedings. They will provide you with guidance and support throughout the process.

However, if you prefer to represent yourself in court, we have lawyers offer self-representation coaching. This will mean that you are prepared when entering the courtroom. Listen to the “audio blog” below.

Book a Consultation with a Family Lawyer

If you have never seen a lawyer before, we realize the process can be intimidating. We help you find the best family lawyer. We want you to feel comfortable meeting with a lawyer prior to committing to having them represent you. Family lawyers in Canada are helpful when going through separation and divorce. They dedicate their lives to helping families solve their legal conflicts. If you feel confused, unmotivated, or lost, because of a legal problem, then here are ways your family lawyer can make your life awesome again.

Family Law Court can be Expensive

Raising a family is hard. When the family breaks apart, dealing with legal issues can be emotionally and financially draining. Sound legal advice is the cornerstone of family planning. A Canadian family lawyer is an advocate and advisor who can also represent you in trials. But this is very rare, as the average person cannot afford $20,000 to go to trial. If you simply need to do a court appearance, it will still cost you thousands of dollars. If you self-represent and lose, and the other side has a lawyer, you will likely have to pay their legal fees. Let’s say your ex-spouse spent $5000 on a lawyer, you might have to reimburse them for $5000.

Find a Good Family Law Firm

Make sure you take your family law firm seriously. The lawyer works as your advisor and can inform you of your rights. They will help you understand the process of law. With their help, you can get through your legal issues in the least stressful way possible. They can also save you money. Court fees are expensive. You often need to spend $80-200 every time you file something with the court. This has nothing to do with lawyer fees. Navigate the sometimes-tricky legal system with ease. What are the legal needs of Canadian families? The best family law lawyers are constantly thinking about how marriage and divorce are changing.

Separation Agreements

One-third of all civil law cases in Canada are family law cases. These often include legal issues such as custody, support, and divorce. The remaining percentage consists of probate, bankruptcy, and other monetary claims. Most family lawyers in Canada focus on separation and divorce. However, they can do things like marriage agreements or cohabitation agreements. Also, they provide a lot of independent legal advice (ILA.) If you sign a domestic agreement without ILA, it’s probably not valid. That’s why printing a marriage agreement on the internet is a bad idea. There are laws around contracts. They must be followed.

Family Law Court

Going to family court can be very challenging for those that cannot afford the best family lawyers. Some laws are easy to understand, many are not. Often family law in Canada is complex, and many regular people cannot afford good representation. If you get into trouble on some level, you may not have the legal knowledge to solve the issue. So, get a lawyer to guide you. If you cannot get the best lawyer, you should still be able to get an affordable lawyer. Lawyers’ hourly rates vary from $250 to-1000 an hour. Find family law lawyers that are in your price range.

Take Control

Divorce can be overwhelming. If you must deal with every legal issue that comes your way, it may be difficult to move on from the pain of the breakup. As of July 2017, there are 896,370 people living in Ontario who are legally divorced. There are 456,777 people who are married (including common law) yet separated. So, you are not alone in this. A top lawyer can help you cope with your situation and protect your interests. If your spouse hired a lawyer, you probably should hire one also. Again, you don’t want to lose your case and end up paying your spouse’s legal fees.

Custody of Children

Out of the five million Canadians who got separated or divorced from 1991-2011, 38% had a child together. If you have a child at the time of your separation or divorce you will need to create a separation agreement. The courts will want to see the separation agreement before the judge approves the divorce. Keep in mind, courts mostly care about the best interests of the child. You will also need to outline the plans for child support. The domestic agreement should set out where your child will reside. The agreement should also say the time you will spend with your child. A judge will make an order for custody and access arrangements. If you create the agreement correctly, hopefully, the order was the plan you sent to the courts.

Spousal Support

The latest data shows that only 12% of orders regarding custody are decided by judges. Fifty percent of the parents give their consent and the other 38% do not contest the application for custody of the other parent. If you are the parent making the application for custody, it is important to talk to your family lawyer about your situation. Even if the other parent neither contested nor consented, talking to a lawyer would help you protect the best interest of your child.

Parental Rights

Sometimes this can be very challenging. But having a lawyer working with you improves your chances of getting access to your child. Some divorce that ends up badly happens because the other parent hides the child from their spouse. Before it turns out badly, ask your top lawyer to help you get access to your child. Every child needs a parent, and it is the right and duty of the parents to be able to be involved in their child’s life. Regardless of your personal situation, access is your right as a parent. You should be able to spend time with your child. Need a family lawyer? Contact us. Family law lawyers will call you or email you to provide you with legal advice. The main services our family lawyers provide are separation agreements and helping with parenting time.

Child Support

Children must benefit from the income of their parents. It doesn’t change after a divorce or separation. A parent has the duty to give money to help support his or her child financially even when the parents are no longer together. Sometimes this goes into university or much later into life. Longer support normally happens if the child has a disability. The law provides that your child should be safe from maltreatment, abuse, and neglect. When dealing with family law in Canada, just know the courts cannot give you legal advice. Only a lawyer can.

Child Protection

Your family lawyer knows when the child protective services and the police will likely get involved in your case. You will also need to understand your rights when you or the other parent are investigated by CPS. The child must be safe from disasters and other emergency situations. They also have the right to live in a place where they are safe from emotional, physical, and psychological distress. This goes for adults as well. Your lawyer will advise you when you should request a court order. If you have been a victim of domestic violence, the court might handle the case.


If you think you have the right to assume guardianship, hire a family lawyer to handle your petition. Guardianship is an important legal role appointed by the court. It will allow you to assume the role of a legal guardian. You will be able to make important decisions regarding someone else’s life. It could be in terms of health, finances, or personal life.

Seeking Family Law Advice in Canada

When the child is still a minor, you can step in to protect the child’s interest. You can also be a guardian to adults who can no longer make decisions. These are people who have physical and psychological disabilities. Also, you need to prove that you are mentally and physically capable of making proper decisions on their behalf. Further, you can get them into a mental facility, or consent to important medical procedures. Can you relate to any of the legal problems above? If a problem does occur in your family that requires legal assistance, a good family lawyer will guide you and help coordinate all aspects of the case. Hire well-skilled, knowledgeable, and experienced family law lawyers. Author: Alistair Vigier is the CEO of Clearway Law

Frequently Asked Questions

Do I Need a Family Lawyer?

It will depend on your situation. The best thing for you to do is to get a free consultation with a lawyer. You can then learn about the process and the costs.

Does Legal Aid Help with Custody?

Legal aid does cover family law cases if you are low income. Keep in mind that many clients on legal aid do not get the same attention as regular clients. Many legal aid lawyers have hundreds of clients at the same time!

Is Family Law Provincial or Federal?

It’s actually both. That is what makes it so confusing. Every province has their own provincial laws. But the Divorce Act also applies (and is federal.) You have to learn at least two Acts for family law.

What Questions Should I Ask a Family Lawyer?

It’s better to tell the lawyer about your case and answer the lawyers questions. Let the lawyer determine what is important in your case. They know what the courts will want to see.

At What Age Can a Child Decide Where They Want to Live?

Each province has their own laws. There can be other complications as well if the child has a handicap. Common ages are 18 or 19 years old.

What are My Legal Rights?

You have a lot. There is a provincial Act and a federal Act that determines your rights and obligations You should definately speak to a lawyer about this question.


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