5 Common Family Disputes in Ottawa

 In Canada, about one-third of civil court cases in Canada are family cases, translating to more than 907,000 civil court cases filed. Compared to non-family disputes, family cases are more active, mainly because of the related issues under consideration.

According to Statistics Canada, some of the typical family cases include the following:

• Divorce applications (39%)
• Protection cases (17%)
• Custody/access issues (16%)
• Support issues (7%)
• Other family cases, such as adoption and estate matters (17%)

DIVORCE

Family law covers divorce cases when one or both spouses ask the court to dissolve their marriage. The requesting party or applicant must meet the grounds for divorce before the courts grant their request. Before filing for divorce in Ottawa or Kanata, the applicant must be able to prove the following:

• They are legally married under Canadian laws or that of another country, and the Canadian government recognizes the marriage.
• The marriage is beyond repair.
• Either couple has been a resident of Ottawa or Ontario for an entire year before the application for divorce.

Note: One of the couples must stay in the province during the divorce proceedings.

Canada is a no-fault divorce country. Couples can file for a divorce without proving that anyone is at fault. The only thing petitioners need to establish is the breakdown of their marriage. To prove this, applicants must show any ONE of the following:

• Separation for a year or more
• Infidelity of the spouse
• Mental or physical abuse

In Ottawa, there are two types of divorce cases that any of the parties can file: contested and uncontested.

• Contested divorce

A contested divorce occurs when the parties don’t agree on at least one issue. The establishment of a contested divorce is when the spouse responds to a divorce application. Divorce lawyers will schedule a meeting for negotiations and financial disclosures. Sometimes, it’s possible to resort to mediation or Alternative Dispute Resolution (ADR).

If the mediation fails, both parties and their family lawyers meet with the judge to raise contentious issues. A contested divorce generally has three meetings: a case conference, a settlement meeting, and a pre-trial proceeding. If there is no dispute resolution after all these meetings, the court will proceed with a trial.

• Uncontested divorce

An uncontested divorce typically results when spouses apply for a joint divorce. A simple divorce also results when one of the spouses files for a divorce and the other party doesn’t reply or object to the application.

In this kind of divorce, the parties agree on all legal consequences of divorce. These include child support, decision-making responsibilities, spousal support, parenting time, and distribution of property. Family lawyers in Ottawa can draft separation agreements or domestic contracts detailing all the arrangements.

It’s worth noting that an uncontested divorce can become contested, such as when one spouse isn’t happy with the separation agreement. Conversely, a contested divorce can become simple if both parties settle their disputes before it goes to court.

PARENTING TIME AND DECISION-MAKING RESPONSIBILITY

During and after a divorce, parents must adhere to the parenting agreements stipulated in the separation agreement. Parenting arrangements, previously custody and access, exist because Canadian courts place high importance on children’s rights and safety.

The court usually grants parenting time to any one of the divorcing parties. One will become the custodial parent, while the other will have visitation rights. It’s also possible to have shared parenting time where children can spend equal time with each of their parents.

It’s essential, however, to distinguish parenting time from decision-making responsibilities. The parent with the most parenting time doesn’t mean they assume a decision-making role.

The ideal situation is when parents hold joint decision-making responsibilities. However, the court can award this role to one parent, who should still discuss critical issues with the other parent.

Parenting time can be fixed, open, or supervised. The court may withhold parenting time if contact with one or both parents adversely affects a child’s welfare.

• Fixed parenting time

Fixed parenting time allows each parent to have a schedule to see their children, usually decided beforehand. The court often awards fixed parenting time whenever possible since it provides children with a structured routine. Divorce can be a stressful time for children. They need predictable, consistent routines to establish security and lower anxiety.

• Open parenting time

Open parenting time may be the best option when a parent’s schedule is unpredictable. It allows a non-custodial parent to have time with the children without a fixed schedule, providing more flexibility. The courts don’t favour this arrangement because enforcing it is more challenging.

• Supervised parenting time

The court understands the importance of parenting time. However, circumstances may require another person to be present during a non-custodial parent’s time with their children. That is the case with supervised parenting time. The supervisor can be the other parent (if possible), a relative, or a social worker.

Supervised parenting time may be necessary for one or more of the following circumstances where the parent:

• Has exhibited violent or abusive behaviour in the past.
• Is an active drug or alcohol abuser.
• Has made a threat to run away with the child.
• Influences the child against the other parent.

Supervised parenting time is not necessarily a permanent arrangement. If the non-custodial parent can show improved behaviour, they can request the courts to change their parenting time.

Family lawyers can help divorcing parents draft a parenting plan to serve the child’s best interests. Get a lawyer specializing in collaborative family law for the children’s sake.

CHILD PROTECTION APPLICATION

Family lawyers also handle child protection cases. They can help you apply for a restraining order against your spouse if you fear for your child’s safety.

The Ottawa government can also interfere in family affairs through the Children’s Aid Society of Ottawa (CASO). CASO can initiate court proceedings against a parent if they suspect abuse, neglect, or violence against a child.

Upon receiving a report, the society will send a social worker to interview or investigate if the allegations are true. If the CASO believes there is mistreatment, they may require parents or guardians to attend parenting classes or counselling sessions. The worst case scenario is they will remove the child from home and place them in foster care.

You should consult a family law lawyer to understand your rights if that happens to you. The decision of the CASO is not final as long as you don’t sign or admit to anything.

ADOPTION

Adoption is another family law matter that requires the expertise of a family lawyer. Ontario requires that adoptive parents be residents and at least 18 years old. The Child, Youth and Family Services Act prohibits receiving, giving, or agreeing on payment for a child’s adoption, except for legal fees. Violating this act can result in three years of imprisonment and a fine of $25,000.

Couples wishing to adopt a child should also seek legal advice about the adoption process. Lawyers help prepare the documentary requirements to adopt a child in Ottawa legally. Aside from knowing the steps to becoming adoptive parents, it’s vital to understand the rights and responsibilities of adopting a child.

For example, prospective adoptive parents must attend group information sessions to understand the adoption process. Some sessions will focus on suitability, eligibility, and readiness for adoption. Prospective parents will also have access to childcare resources to help create a safe environment for their children.

The CASO requires adoptive parents to submit a List of Police Occurrences for the last five years. The Ottawa Police Service will obtain fingerprints and submit them to the Royal Canadian Mounted Police (RCMP.)

DIVISION OF PROPERTY

In addition to the other areas of family law, lawyers also take on property distribution issues, particularly during a divorce. In Ottawa, separating couples are entitled to equal shares of their marital assets acquired during the marriage.

The assets include the house, vehicles, furniture, and money earned during the marriage. Some assets acquired during the marriage will not be subject to property division. One example of this would be a life insurance payout, personal injury settlements, or inherited or gifted property.

Common-law partners in Ottawa do not have the same rights to property division as married couples under Ontario’s Family Law Act. Any property or assets brought into the relationship remain the property of the person who bought it.

Suppose you contributed financially to the acquisition of an asset or property of your partner. In that case, you might have a right to get compensation. However, getting any part of the asset or property back may require filing a trust or unjust enrichment case. Other factors may come into play, primarily if cohabitation agreements exist.

These are only some family law matters requiring law services from a collaborative family law expert in Ottawa.