Child Custody and access - Parent’s Visitation Rights (Access)

When two parents have a child, they both have equal rights and responsibilities to making decisions about the upbringing and care of their child. However, in the process of a separation or a divorce, the question of how the child will be raised and who is responsible for taking care of the child becomes prominent.

Discussing child custody can be complex, therefore it is important to have a skilled lawyer who understands the complexities of child custody and will ensure your rights are protected. At Romeo Pitaro Litigation and Family Law Lawyers, our lawyers care about their clients’ rights. With our expertise, we can provide the best solutions to ensure that you and your child are covered.

Spousal Support

In Ontario, Canada, courts have authorization to demand that an individual is required to provide aid for their dependents as well as spousal support under Section 15 of the Divorce Act and section 33 of the Family Law Act.

Under the Divorce Act, people who are married are potentially entitled to spousal support. With the Family Law Act, people that are married and those who are common law are eligible to apply for spousal support as well.

When determining the amount and the duration of the spousal support, some of the factors that are taken into consideration.

Child Support Rights and Opportunities

During the process of separation and divorce, once you and your former partner have come to a decision regarding having access and/ or custody of the kids, it is important to establish a payment system regarding child support.

When determining child support installments, it is highly encouraged to have a certified and skilled lawyer present during those proceedings so that you and your children's interests are properly protected.

At Romeo Pitario Litigation and Family Law Lawyers, the interests of our clients are paramount. If you are required to pay or are eligible for child support, we are dedicated to obtaining the best possible results as quickly as possible. From the moment you first contact a member on our team, our goal will be to provide you with compassionate, high quality legal service.

Division of Property and Assets

When a married couple chooses to separate or wishes to proceed with divorce, each spouse is eligible to equalize their net family property. In order to receive a fair division, their value for their property is taken into account as well as how much the value of those properties have changed throughout the course of the marriage.

Anything that has been obtained during the marriage and still exists during the time of the separation can be classified as family property. At the time of the divorce or separation, the division will include the total value of all family properties.

Family properties can include a wide range of assets. It can include assets that can be hard to divide equally.

Separation Agreement

When a relationship is falling apart, a separation agreement can assist in clarifying certain rights and obligations before a divorce. Rather than spending time and money on litigation, separation agreements can simplify the divorce process by allowing couples to come to an agreement over certain issues such as child support, division of property, and parenting. By having such conditions being predetermined early, it allows both parties to transition into their new phase of their lives smoothly while waiting for the divorce to be settled in court. It also provides specified terms and conditions while both parties live apart in separation before their divorce.

Prenuptial Agreement

A marriage contract, also commonly known as prenuptial agreement or ‘prenup’ for short, is a contract made between a couple prior to their marriage. It outlines the rules that will govern their marriage provides legal and financial protection in the event of a breakdown of the relationship. Pre-nuptial agreements can be enforced for both same sex and opposite-sex marriages. Unmarried couples have a similar agreement called a cohabitation agreement.

There is a misconception that prenuptial agreements are only drawn by those with substantial wealth. However, anyone with assets entering a marriage can file for a prenuptial agreement. In the unfortunate event of separation or divorce, it can save both parties emotional distress and legal expense by setting out their mutual obligations in advance. This includes protecting their assets and interests and addressing various marital issues such as spousal support obligations.

Cohabitation Agreement

Unmarried couples have similar rights to have a contract made regarding the rules governing their finances and assets while cohabitating. This contract is known as a cohabitation agreement. Like a prenuptial agreement, a cohabitation agreement allows unmarried couples to have their rights and obligations regarding property and finances protected while cohabitating. It is important to note that cohabitation agreements do not cover child support or custody.

A cohabitation agreement includes terms and conditions related to:

• Rights to share each other’s property
• Obligations to support each spouse
• Rights to inherit one’s estate upon death

Restraining Order

A restraining order is a document that prohibits a party from contacting with another. Typically, a person applies for a restraining order if he or she is fearful that their spouse or partner, or former spouse or partner, may harm him or her and/or their child. Restraining orders are granted by a judge in a family court and are served to protect the applicant and/ or their child(ren) or their child(ren) in their custody.

Restraining orders can list a set of conditions in which the person it is addressed to must follow. Some can simply list staying a certain distance away from the person. While others can by more specific and complex stating that the person cannot visit the house, place of work, or the child’s school of the person.

If a person does not follow the conditions of the restraining order it is considered a crime.

Divorce (contested and uncontested)

A restraining order is a document that prohibits a party from contacting with another. Typically, a person applies for a restraining order if he or she is fearful that their spouse or partner, or former spouse or partner, may harm him or her and/or their child. Restraining orders are granted by a judge in a family court and are served to protect the applicant and/ or their child(ren) or their child(ren) in their custody.

Restraining orders can list a set of conditions in which the person it is addressed to must follow. Some can simply list staying a certain distance away from the person. While others can by more specific and complex stating that the person cannot visit the house, place of work, or the child’s school of the person.

If a person does not follow the conditions of the restraining order it is considered a crime.

Unbundled Family Law Services

When clients use our services, they will get legal representation from our lawyers who will work to provide aid for them regarding various legal issues relating to their case. However, at Romeo Pitaro Injury and Litigation Lawyers, we also offer clients an alternative where they are able to keep our services on a constricted retainer basis which is referred to as the unbundling of legal services.

We are aware that the cost associated with legal services can be excessively high however, we do know that Canada's legal system can be hard to understand and intimidating to handle on their own.

When clients get the unbundled legal services, they have the option of having legal representation. For clients that want to represent themselves however would like to have legal counsel regarding particular issues, then getting the unbundled services would provide them with a more cost effective method when trying to resolve their case. Our job at Romeo Pitaro Injury and Litigation Lawyers is to help provide assistance where we can at this time.

Mediation and Arbitration

Mediation is a form of Alternative Dispute Resolution which is often used in relation to family law cases. Mediation is when two parties who are going through separation and/ or divorce decide to choose a neutral third party to help them reach a mutual agreement. This method is an effective form of resolution when it comes to handling cases involving custody and access to children, division of property, and spousal and child support. It is important to note that mediators do not have the legal authority to divorce a couple, only a court is able to do that.

Are you trying to reduce the time, cost and mental strain of having to deal with cases of divorce, separation or other family legal issues? We at Romeo Pitaro Injury and Litigation Lawyers would recommend looking into Arbitration. Arbitration requires that both parties have come to a mutual agreement on wanting to choose this alternative to a court trial. Clients are required to sign an agreement where they give up their right to court and give the arbitrator's legal ruling.

Collaborative Family Law

At Romeo Pitaro Litigation and Family Law Lawyers, we offer an alternative option for clients who are interested in separation and/or divorce called collaborative family law. This method of resolving disputes is based on the understanding that both parties involved have an honest and mutual respect for each other. The spouses are expected to work together along with their legal teams in order to find solutions for the issues that have impacted their marriage.

When both parties choose to pursue collaborative family law, they must sign an agreement stating that they are choosing this method of dispute resolution for their case. In this agreement, both parties must confirm that they will not go to court or threaten to do so. This is to ensure that they can have an open discussion regarding the issues that need to be addressed.

Variation of Agreements and Orders

Once a divorce or separation has become finalized, there are some cases in which your personal or your ex-partner’s situation has changed. This can cause both parties to review the previous arrangement established for child custody, spousal and child support, or property division.

At Romeo Pitario Litigation and Family Law Lawyers, we can help clients that need assistance with creating a new arrangement regarding their divorce or separation case. There are many factors that can impact the revisiting of these finalized cases.

Grandparents' Rights

Before 2016, grandparents were not given clear rights regarding the custody of or access to a grandchild. Bill 34 Section 21 of the Children's Law reform has provided legal right for grandparents to make a claim for access during custody disputes. The courts are required to take into consideration the grandparents rights when making a ruling regarding what is best for the child.

To clarify, Bill 34 does not automatically give grandparents the right to have access to a grandchild. Rather the court will decide whether giving access or temporary custody to the grandparents is in the child's best interests.

Under the Children's Law Reform Act, these factors are taken into consideration when establishing the best interests of the child.