Ontario Family Law Podcast: Recent Episodes
John P. Schuman, C.S.
The award-winning Ontario Family Law Podcast is hosted by Certified Specialist in Family Law, Ontario family lawyer, mediator, arbitrator and collaborative lawyer, John Schuman. John is also the author of the Guide to the Basics of Ontario Family Law.
In an easy-to-understand manner, the podcast discusses all family law matters, from marriage, to separation and divorce, and child welfare issues. He also covers the legal topics relevant to students in school. The last season is also available in video format.
When separated spouses live in different countries or provinces, they may wonder where the best place would be to get divorced. Where the separated spouses now live in different places, it may be possible to chose where the divorce will occur. Different jurisdictions have different laws. Often it can be more advantageous for one spouse to get divorced in one jurisdiction over another.To answer the question of a follower, Certified Specialist in Family Law, John Schuman, discuss the considerations in deciding where to get divorced. He answers questions like:1. When can a married couple can chose different places to get divorced?2. If someone gets divorced outside Canada, will Canada recognize the divorce as valid?3. How does someone determine where would be best to get a divorce?4. If the spouse cannot agree, how will courts decide where the divorce will happen?5. How does the place of divorce affect issues like child support, spousal support, property division and parenting?If you found this episode helpful, check out these episodes on similar topics:55. Can You Get Divorced in Canada?67. How Long Does it Take to Get an Ontario Divorce?89. Can Child Support Be Reduced for High Income Earners?72. Why Might a Judge Refuse an Ontario Divorce?75. When Can You Legally Stop Your Ex from Seeing the Kids?60. Should You Take Your Ex to Family Court?
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. The latest edition, which is up-to-date on all important divorce issues is now available. Get it as a $8.99 Kindle eBook, or as an Apple Book for your iPad or iPhone. You can also get it as a paper back or hardcover on Amazon at better bookstores.TO CONTACT JOHN SCHUMAN:website: www.schumanlaw.caemail: john@schumanlaw.ca Phone: 416-446-5080
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Most people have no idea what goes on in Family Court. They can be very afraid to go there. And for good reason. There can be a lot at stake. Judges on TV can seem intimidating, or even mean. That judge can make some important decisions that will impact the lives of separated spouses and parents for ever. However, people find Family Court a lot easier if they know what to expect and things work out better when they know what to do and what not to do.In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman goes what happens the first time separated spouses or parents go to Family Court. The first time before a judge, called a case conference, is very different from what many people expect. He also explains what you should do, and what you should not do, to make the appearance go your way. This information, also will separated spouses and parents decide whether to go to Family Court, or use another method to resolve their differences. A video version of this podcast episode is available on YouTube. If you found this episode helpful, check out these episodes on similar topics:83. Family Law Strategies That Fail: 79. What Am I Legally Required To Do First After Separating? 77. What Happens if You Breach a Family Court Order60. Should You Take Your Ex to Family Court? 59. Why You Won’t Get Custody of the Kids 41. How to Prepare for Family Mediation36. Is Family Court Biased? 35. Keeping parenting matters out of court34. Disclosure in Family Law Cases: 15. Family Court Step-By-Step Part 2: From the First Appearance to the Last Appearance Before Trial
- Family Court Step-By-Step Part 1: Starting Court ProceedingsThe Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. The latest edition, which is up-to-date on all important divorce issues is now available. Get it as a $8.99 Kindle eBook. https://www.amazon.ca/dp/B0CN8WWYHD, or as an Apple Book for your iPad or iPhone . You can also get it as a paperback or hard cover from Amazon or at better bookstores.TO CONTACT JOHN SCHUMAN:website: www.schumanlaw.caemail: john@schumanlaw.ca Phone: 416-446-5080
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Many people are very concerned about losing their assets to a partner or spouse when they separate. It’s a big concern. In episode, number 92, Certified Specialist in Family Law, John Schuman, went over some strategies that people can use to protect their assets during a relationship or when separated. Unfortunately, some times, there is no way to protect assets. However, there are still ways to lose them, unnecessarily, when separating from a spouse. So, in this episode of the Ontario Family Law Podcast, John Schuman explains the preventable ways losing assets. This is an important episode for anyone separating who has assets. It will help avoid making the mistakes that lead to unnecessarily losing wealth. A video version of this episode is available on YouTube.
If you found this episode helpful, check out these other episodes:
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How to Protect Your Assets in a Relationship or Marriage
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Four Things Everyone Gets Wrong About Divorce Law
-
Family Law Strategies That Fail... and Tips to Succeed
-
Mistakes People Make Doing Their Own Separation Agreement
-
Can Separated Parents Agree to No Child Support?
-
What Am I Legally Required To Do First After Separating?
-
The Impact of the Crazy Real Estate Market on Separation & Divorce
-
Should I Take My Ex to Family Court?
-
Why You Won’t Get Custody of the Kids
-
How to Pay Less Child Support
-
How to Keep Your Money in Divorce and Separation
-
Is Family Court Biased?
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Get it here: http://www.schumanlaw.ca/family-law-guide.html
TO CONTACT JOHN SCHUMAN:
website: www.schumanlaw.ca
email: john@schumanlaw.ca
Phone: 416-446-5080
--- Send in a voice message: https://podcasters.spotify.com/pod/show/ontario-family-law-podcas/message
Some people avoid intimate relationships because they are afraid of what it will cost them. That should not be necessary. Over the course of their lives, people work hard to build up their homes, their savings, their pensions, their businesses and other assets that are important to them. Some people are fortunate enough to inherit important, and valuable, assets from their families, some of which may have been passed down for generations. Cottages and family businesses are items of particular concern in family law matters. One of the most common questions posed to Family Law Lawyers is “how can I protect my assets?” In this episode of the Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains some of the key concepts for protecting assets, gifts and inheritances during marriages and common law relationships. He has five tips (listed in the contents below) that can save people hundreds of thousands of dollars if they ever have to go through a divorce or separation. A video version of this episode is available on YouTube.If you found this episode helpful, check out these other episodes:
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Four Things Everyone Gets Wrong About Divorce Law
-
Family Law Strategies That Fail... and Tips to Succeed
-
Mistakes People Make Doing Their Own Separation Agreement
-
Can Separated Parents Agree to No Child Support?
-
What Am I Legally Required To Do First After Separating?
-
The Impact of the Crazy Real Estate Market on Separation & Divorce
-
Should I Take My Ex to Family Court?
-
Why You Won’t Get Custody of the Kids
-
How to Pay Less Child Support
-
How to Keep Your Money in Divorce and Separation
-
Is Family Court Biased?
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Get it here: https://schumanlaw.ca/family-law-guide.htmlTO CONTACT JOHN SCHUMAN:website: www.schumanlaw.caemail: john@schumanlaw.ca Phone: 416-446-5080
--- Send in a voice message: https://podcasters.spotify.com/pod/show/ontario-family-law-podcas/message
Some separations are characterized by nastiness, strong emotions, and even violence. However, couples don’t have to physically move out their home to separate. Couples can live in the same house, condo, or apartment for a long time. When there is a lot of conflict, both spouses or parents staying in the home can be very difficult, especially when there are children around. However, as many people have heard, there can be some serious legal repercussions from moving out of the home after separation.
In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains the implications of leaving the home after separation under Ontario Family Law. He also goes over what you need to consider to protect yourself and your children. This is an important episode for anyone who is considering separating or who is recently separated. It explains some important rights in relation to the family home.
If you found this epsidoe helpful, check out these episodes on similar topics:
88 -Can You be Legally Separated and Not Know It?
86.–Why Online Separation Agreements Suck
79.-What Am I Legally Required To Do First After Separating? -
60.-Should I Take My Ex to Family Court?
59.-Why You Won’t Get Custody of the Kids
44.-Can You Be Better Off Financially If You Divorce?
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. The latest edition, which is up-to-date on all important divorce issues is now available. Get it as a $9.99 Kindle eBook, or Apple Book for your iPad or iPhone and as a paperback from Amazon and better bookstores.
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Looking at online comments about divorce, separation, chid custody, parenting and family law, it is shocking at how wrong they can be. In many cases, that misinformation can lead to bad choices that can cost spouses or parents big money, or even their kids. In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, corrects those misconceptions to help people keep out of trouble. The myths there busted in this episode are:
- The Child Support Guidelines are just Guidelines, you don’t have to follow them
- The Spousal Support Advisory Guidelines are the law and when the formula produces a numbers, there must be spousal support.
- After separation, spousal support changes when the payor's income changes, just like spousal support
- Support is based only on what a person’s total income is on his or her tax return
- When a parent doesn’t get along with their kids, the court won’t make the kids live with that parent
A video version of this episode is available on Youtube. Check out episode 85 for four more big things that people get wrong about family law.If you found this episode helpful, check out these other episodes:
-
Four Things Everyone Gets Wrong About Divorce Law
-
Family Law Strategies That Fail... and Tips to Succeed
-
Mistakes People Make Doing Their Own Separation Agreement
-
Can Separated Parents Agree to No Child Support?
-
What Am I Legally Required To Do First After Separating?
-
The Impact of the Crazy Real Estate Market on Separation & Divorce
-
Should I Take My Ex to Family Court?
-
Why You Won’t Get Custody of the Kids
-
How to Pay Less Child Support
-
How to Keep Your Money in Divorce and Separation
-
Is Family Court Biased?
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Get it here: https://schumanlaw.ca/family-law-guide.html
--- Send in a voice message: https://podcasters.spotify.com/pod/show/ontario-family-law-podcas/message
In Canada, monthly child support is based on the payor's income and keeps going up as the payor's income goes up. Unlike in some US states, there is no cap on monthly child support payments. For high income earners, monthly child support can be many thousands, even many tens of thousands of dollars each month. Often it can seem that the amount of child support far exceeds what a parent could possibly spend on a child.
Will Family Court Judges order more child support than a parent could ever spend on the child? In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, looks at somefactors the court may consider in setting child support for high-income earners - and perhaps even ordering less than the table amount for monthly support. A video version of this episode is available on YouTube.
If you found this episode helpful, check out these other episodes on similar topics:
81 -Can Parents Agrees to No Child Support? https://www.schumanlaw.ca/podcast/81-can-separated-parents-agree-to-no-child-support/
79 - What Am I Legally Required To Do First After Separating?- https://www.schumanlaw.ca/podcast/79-what-am-i-legally-required-to-do-first-after-separating/
76 - Why Your Income for Taxes May Not Be Your Income forChild Support (or Spousal Support) - https://www.schumanlaw.ca/podcast/76-why-your-income-for-taxes-may-not-be-your-income-for-child-support-or-spousal-support/
66 - How to Change Child Support - 66-how-to-change-child-support
54 - Child Support Does Not End at Age 18 - https://www.schumanlaw.ca/podcast/54-child-support-does-not-end-at-age-18/
53 - How to Pay Less Child Support - https://youtu.be/mmm-GO1bhkc
44 - Can You Be Better Off Financially If You Divorce? - https://www.schumanlaw.ca/podcast/44-can-you-be-better-off-financially-if-you-divorce/
40 - How to Keep Your Money in Separation and Divorce - https://www.schumanlaw.ca/podcast/40-how-to-keep-your-money-in-separation-and-divorce/
10 - Child Support in Ontario/Canada: Who Pays and How Much?- http://www.schumanlaw.ca/ontario-family-law-podcast/10---child-support-in-ontar.html
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Get it here: http://www.schumanlaw.ca/family-law-guide.html
--- Send in a voice message: https://podcasters.spotify.com/pod/show/ontario-family-law-podcas/message
Spouses and parents who feel their marriage or relationship is trouble, frequently ask about how go about getting a legal separation. But some of them may be legally separated already, even if they do not know it! There are no formal steps that anyone has to take to separate from their spouse. However, the date of a couple separates can be very important, especially for married couples and can really affect how thing work out, especially financially. Since the date of separation is not necessarily the date that one spouse moves out, in this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains how to know if you are separated.If you found this episode helpful, check out these other episodes on similar topics:83 - Family Law Strategies that Fail … and tips to succeed in divorce81 - Can Separated Parents Agree to No Child Support?78 - What Am I Legally Required To Do First After Separating?76 - Why Your Income for Taxes May Not Be Your Income for Child Support71 - How the Crazy Real Estate Market Affects Divorce and Separation66 - How to Change Child Support
53 - How to Pay Less Child Support
52 - How Are Pensions Divided in Divorce?The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Get it here: http://www.schumanlaw.ca/family-law-guide.html
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What types of child punishments are against the law? The answer is surprising.
There are many perspectives on the appropriate way to discipline children. But, in Canada, not all forms of child discipline are allowed. Using some forms of discipline can get parents, caregivers, or teachers into serious trouble. They can be sent to jail or a children’s aid society, or parents can have their children taken away because of how a child was punished. However, what child punishments are actually illegal may different than people think. Some forms of corporal punishment are allowed, while other types of punishments are not.
In this edition of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains what punishments for children are illegal in Canada, and which ones are not. He goes over the rules for corporal punishment. John also explains what punishments will cause a children’s aid society to open an investigation and, potentially, try to take the kids away and what punishments could lead to criminal charges. A video version of this episode is available on YouTube.
If you find this episode helpful or informative, check out these previous episodes:
- When Can You Legally Stop Your Ex From Seeing the Kids?
70 – Do You Have A Duty to Report to the Children’s Aid Society
59 – Why You Won’t Get Custody of Your Kids
28 - What to Do When a Children’s Aid Society Calls Doing a Child Abuse Investigation
27 - Domestic Violence – The Critical Information to Get Help and Protection
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Get it here: http://www.schumanlaw.ca/family-law-guide.html
Send in a voice message: https://podcasters.spotify.com/pod/show/ontario-family-law-podcas/message
Certified Specialist in Family Law, John Schuman, looked at separation agreements sold online and found they were full of basic errors in law. People buy these agreements looking for a quick and easy way to bring finality and certainty to their separation. But instead, these agreements contain many serious legal errors that can render the agreement useless and put the separated spouses, and their children, in jeopardy.
In this edition of the Ontario Family Law Podcast, John Schuman, goes over an online separation agreement from a Canadian company and explains some of the largest legal errors contained in it. He shows how the agreement gets basic legal concepts wrong with respect to:
· Parenting/child custody
· Child support
· Financial Disclosure
· Spousal support
· Pension division
· Tax implications of separation
Do not use an online separation agreement, and certainly do not pay for one, until after viewing this episode. This episode could also be the next installment in the “Things Everyone Gets Wrong About Divorce Law” series and is a useful refresher on several basic Ontario Family Law concepts, even for people who would not use an online separation agreement. As John points out, using these online separation agreements may be the same, or worse, than having no written agreement at all.
A video version of the podcast, which shows the separation agreement describes is available on Youtube.
If you found this episode helpful or informative, check out these previous episodes:
· 85. 4 Things That People Get Wrong About Divorce Law
· 83. Family Law Strategies that Fail … and tips to succeed in divorce
· 82. Mistakes People Make When Doing Their Own Separation Agreement
· 81. Can Separated Parents Agree to No Child Support?
· 79. What Am I Legally Required To Do First After Separating?
· 72. Why a Judge Might Refuse to Grant Your Divorce
· 59. Why You Won’t Get Custody of the Kids
· 54. Child Support Does Not End at Age 18
· 52. How Are Pensions Divided in Divorce?
· 42. How to Get a “Legal Separation” in Ontario
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Get it here: http://www.schumanlaw.ca/family-law-guide.html
Send in a voice message: https://podcasters.spotify.com/pod/show/ontario-family-law-podcas/message
A lot of information posted on the internet about Family Law is simply wrong, often posted by people who lost their case. There are clearly a lot of serious misconceptions about Family Law out there from how property is divided to what being common law means, to parenting to support matters. People who have bad information can make bad decisions. So, in this episode of the Ontario Family Law Podcast, a trusted source of about Ontario Family Law, Certified Specialist Lawyer John Schuman, will go over some things that ordinary people get WRONG about Family Law.
This episode covers why the following four statements are completely wrong: 1. Separated Spouses Divided Their Assets 50/50 2. Being Common Law is the Same as Being Married 3. 12-Year-Old Children Get To Decide With Which Parent They Want to Live 4. It is East to Hide Income or Assets in Family Court
If you found this episode interesting or helpful, you might also be interested in these episodes: 79. What Am I Legally Required To Do First After Separating? 71. The Impact of the Crazy Real Estate Market on Separation & Divorce 60. Should I Take My Ex to Family Court? 59. Why You Won’t Get Custody of the Kids 53. How to Pay Less Child Support 40. How to Keep Your Money in Divorce and Separation 36. Is Family Court Biased? 34. Disclosure in Family Law
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Get it here: http://www.schumanlaw.ca/family-law-guide.html
Send in a voice message: https://podcasters.spotify.com/pod/show/ontario-family-law-podcas/message
This episode explains what parents need to know, from a legal persepctive, when signing their kids up a private school in Ontario. In choosing a private school, parents are choosing an education that is very different from that provided by public schools. Many parents incorrectly assume that Ontario private schools take all the standards that are supposed to apply to public school and build on them to create a more rigourous and more enriching education for children. The reality is that Ontario Private Schools do not have the same curriculum, rules or standards that public schools do. The Ontario Government allows a lot more choice when parents choose a private education. That is precisely the reason why parents pick Ontario Private Schools. Some parents don’t want their kids taking sex ed, some don’t like the anti-bullying component that is mandatory in public schools, some parents what subjects taught with a religious focus, some parents want schools that use permissible corporal punishment or other types of discipline that are not available in public schools, some parents don’t want their kids being taught along side kids that special needs or who are otherwise disadvantaged or students who face additional challenges that can divide a teacher’s attention, some parents want teachers with qualifications that are different from those required by the Ontario College of Teachers or want their children to have teachers that are not confined by the standards of practice and ethics imposed by that body.Some common areas where private schools do not match parents' expecations are with regard to student discipline, forcing students to leave the school, admission preocedures for the school, marking and grading, addressing student's special needs, bullying, the qualifications of teachers and other aspects of the private school experience. This episode of the podcast lets parents know what legal recourse they have if a private school does not meet their expecations for educationing their child. A video version is available on YouTube. If you found this episode interesting, check out these other episodes:- Bullying: What Ontario Schools Are Legally Required to Do
- Do Ontario Private Schools Have any Standards?- Ontario Schools Can't Just Tell Students to Stay Home - How to Get Help for Your Child's Special Needs in Ontario Publics Schools- What Can Students Be Expelled For in Ontario?
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There can be a lot of anger and other emotions in separation and divorce. Some separated spouses head to a lawyer’s office, or to Family Court, in the hope that they can force their ex to live in a box under a bridge. Some even expect that if they spend exorbitantly on legal fees for an aggressive lawyer, they can force their wives and children into homelessness. Ironically, using aggressive, or uncooperative strategies in the hope of intimidating, wearing down, or outlitigating a former partner often backfire with the party trying to use them losing BIG.
In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, goes over ten of the strategies that led to the most decisive family court defeats and explain the best ways to do better than your ex in Family Court, because the best strategies are not obvious. This episode is also available in video format on YouTube.
If you found this episode interesting or helpful, you might also be interested in these episodes:
-
Mistakes People Make Doing Their Own Separation Agreement
-
What Am I Legally Required To Do First After Separating?
-
Why a Judge Might Refuse to Grant Your Divorce
-
Should I Take My Ex to Family Court?
-
Why You Won’t Get Custody of the Kids
-
How to Pay Less Child Support
-
How to Keep Your Money in Divorce and Separation
-
Is Family Court Biased?
-
Disclosure in Family Law
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 KindleeBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.
--- Send in a voice message: https://podcasters.spotify.com/pod/show/ontario-family-law-podcas/message
After separating, many spouses and parents try to work out the issues between them on their own, and to make sure that what they decide “stays decided” they put it into a written separation agreement. The recent changes to the Family Law Legislationencourage people to work out their issues without going to Family Court. But, if the parents or former spouses do not do their agreement totally properly, section 56 of Ontario’s Family Law Act, and several court decisions says that a judge can throw out the agreement and leave the parties without anything settled. The rules for separation agreements are specific to each province, and so taking an agreement off of the internet is unlikely to result in a binding settlement. Agreements actually have to be specific to the situation of the parties, and address that situation in light of the technicalities in Ontario Family Law. People who do not get at least some help with their separation agreement from a Family Lawyer often find that they do not have an enforceable agreement at all or, worse, they are bound to an agreement that is bad for them in light of Ontario Law.
In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, talks with Family Lawyer, Katelyn Bell, about the common mistakes that people make when they write their own separation agreement and what the effect of those mistakes can be. Anyone who is contemplating doing their own separation agreement should pay close attention to the content of this episode. A video version is available on YouTube.
If you found this episode interesting or helpful, you might also be interested in these episodes:
-
What Am I Legally Required To Do First After Separating?
-
Why a Judge Might Refuse to Grant Your Divorce
-
Should I Take My Ex to Family Court?
-
Why You Won’t Get Custody of the Kids
-
Can You Be Better Off Financially By Getting a Divorce?
-
How to Get a “Legal Separation” in Ontario
-
How to Keep Your Money in Divorce and Separation
-
Disclosure in Family Law
-
How to Have a Valid and Enforceable Separation Agreement in Ontario
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available here as an e-book and on Amazon as a paperback.
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After separation, many parents feel it is just simpler to agree there should be no child support than follow the law. Child support is often a point of controversy after parents separate. Even though the Federal Government designed the Child Support Guidelines in 1997 to bring objectivity and predictability to setting the amount of child support, and has updated the support tables several times to reflect the costs of raising a child, many people disagree with the amounts set, or even the concept of child support. Some parents pursue shared parenting only as a strategy to avoid child support. It is common for parents to try to resolve matters after separation without a requirement for child support. In this episode of the Ontario Family Law Podcast, the host, Certified Specialist in Family Law, John Schuman explains in what circumstances parents can agree to waive support, when they cannot and the possible consequences for doing it wrong – even when the parents have an agreement.
A video version of this podcast is available on YouTube.
If you found this episode helpful, check out these other episodes on similar topics:
79 - What Am I Legally Required To Do First After Separating?
76 - Why Your Income for Taxes May Not Be Your Income for Child Support (or Spousal Support)
66 - How to Change Child Support
54 - Child Support Does Not End at Age 18
53 - How to Pay Less Child Support
44 - Can You Be Better Off Financially If You Divorce?
40 - How to Keep Your Money in Separation and Divorce
10 - Child Support in Ontario/Canada: Who Pays and How Much?
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 KindleeBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.
--- Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
If you are stuck with a house full of your ex’s stuff, or even with your ex’s stuff taking up valuable space in your home, you are not alone! Family Lawyers very frequently hear the question: “When can I throw out my ex’s stuff?” Many “exes" seem to like to use their former partner's home as free storage for months, or even years, as they think Ontario’s Family Laws require their former partners to look after the stuff they left behind at the end of the relationship. Well, that is not often the case. But the partner left with the stuff has to be careful to avoid getting in legal trouble. So, in this episode of the Ontario Family Law Podcast, the host, Certified Specialist in Family Law, John Schuman, asks Family Lawyer, Katelyn Bell, about what Ontario Law says about when someone can throw out, or sell, their ex’s stuff.
If you found this episode helpful, check out these other episodes on similar topics:
79 - What Am I Legally Required To Do First After Separating?
44 - Can You Be Better Off Financially If You Divorce?
40 - How to Keep Your Money in Separation and Divorce
29 - Common Law Separation and Property Division
9 - How is Property Divided After a Divorce in Ontario?
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 KindleeBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.
--- Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Separating from a spouse or partner is, without a question, a very difficult and busy time. It can seem like there are lots of things to do. But what are separated spouses legally required to do first when they separate? Since the answer is different from what may people think, in this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman goes over the legal duties people have immediately after separation. This episode goes over what separated spouses and parents must do to fulfill their legal obligations right after separating. This is all critical information that anyone considering separating from a spouse must know.
To learn more on the alternatives to Family Court, check out this page on mediation and arbitration and this page on Collaborative Practice.
If you found this episode helpful, check out these other episodes on similar topics:
75 - When Can You Legally Stop Your Ex From Seeing the Kids?
60 - Should You Take Your Ex To Family Court?
59 - Why You Won’t Get Custody of the Kids
53 - How to Pay Less Child Support
51 - Who Pays the Cost of an Ontario Divorce?
44 - Can You Be Better Off Financially If You Divorce?
40 - How to Keep Your Money in Separation and Divorce
34 - Disclosure in Family Law Cases
14 - Ontario Family Court Step By Step - Part 1
15 - Ontario Family Court Step By Step - Part 2
10 - Child Support in Ontario/Canada: Who Pays and How Much?
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 KindleeBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.
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One of the things grandparents fear the most is being cut off from their grandkids. Often other family members such as aunts, uncles, and cousins, feel the same way. Some stepparents dread the thought of being denied contact with their step-kids if they separate from the parent of those children. When the Ontario government made changes to the Family Law legislation in 2021, it made it specifically possible for these non-parent family members to go to court and get orders to let them see, and even make decisions for kids.
In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains how grandparents and other important people to a child can ask a judge to make an order permitting them to have time with the child, and perhaps even decision-making responsibilities. He also explains the other consequences that can come along with those orders, such as a requirement to share personal information and even pay child support. The process is a little more complicated than it is for parents, but going to Family Court is definitely a family option for a person who was important in a child’s life to go to court to get an order to reestablish contact. A video version of this episode is available on YouTube.
If you found this episode helpful, check out these other episodes on similar topics:
75 - When Can You Legally Stop Your Ex From Seeing the Kids?
73 - How to Give to Your Kids, But Not Their Spouse/Partners
70 - Do You Have A Duty To Report to the Children’s Aid Society?
68 - Will Your Ex Get Everything If You Die?
60 - Should You Take Your Ex To Family Court?
59 - Why You Won’t Get Custody of the Kids
23 - Why You Need a Will
12 - How Step Parent and Grandparents Can be on the Hook for Child Support
10 - Child Support in Ontario/Canada: Who Pays and How Much?
8 - How Your Heart Can Get You Into Financial Trouble - Step Children and Matrimonial Homes
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law.
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People engaged in Family Court litigation often express enormous frustration when their former spouses breach Family Court Orders. Those breaches can mean the kids don’t have a relationship with a parent, can cause financial hardship, or, can drag family court proceedings to a standstill meaning nothing gets finished or finalized. Judges repeatedly say that a court order is NOT a suggestion. But are there really any consequences for breaching a Family Court Order?
In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, goes over the consequences for breaching the various types of Family Court Orders. The consequences for breaching a court order for child or spousals support are different from breaching a parenting (child custody) order. There can be serious consequences for breaching a restraining order, while enforcing a court order for payment of money that is not support can be tricky. Failing to provide court ordered disclosure can have serious consequences. Judges can be more “enthusiastic” about enforcing some types of orders over others. So, this episode covers what enforcement tools are available, and what enforcement tools are likely to be used, for each type of Order. This is very important information for everyone with a case in Ontario Family Court because people usually go to court to force someone else to do something, so understanding how a court will, or will not, do that is important when making decisions about court.
If you found this episode helpful, check out these other episodes on similar topics:
75 - When Can You Legally Stop Your Ex from Seeing the Kids?
66 - How to Change Child Support
60 - Should You Take Your Ex to Family Court?
59 - Why You Won’t Get Custody of Your Kids
53 - How to Pay Less Child Support
40 - How to Keep Your Money in Separation and Divorce
34 - Disclosure in Family Law Cases
13 - Spousal Support in Ontario and Canada
10 - Child Support in Ontario/Canada - Who Pays and How Much?
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available here: http://www.schumanlaw.ca/family-law-guide.html
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Parents who pay child support, and some parents who receive child support, are can be very surprised, when a judge, arbitrator, or lawyer acting as a family law mediator, say that a parent’s income for child support is NOT the same as the total income on their tax return on which they pay taxes. This is particularly true when the parent is self-employed, or earns their income by means other than a salary such as through dividends or capital gains. The different way for calculating income for child support can have a significant impact on the amount of child support that is paid. It also affects spousal support, although that can be in even more complicated.
Since income for support can be income for taxes, and since a listener asked, in this episode of the Ontario Family Law Podcast, (video version here) Certified Specialist in Family Law, John Schuman, explains how Family Law adjusts income when dealing with support. Everyone is paying or receiving support where one parent or spouse earns income that is not reported on a T4, should pay attention to this episode to make sure the amount of support is right!
If you found this episode helpful, check out these other episodes on similar topics:
66 - How to Change Child Support
57 - Could I Have to Pay Child Support to My Spouse’s Ex?
54 - Child Support Does Not End at Age 18
53 - How to Pay Less Child Support
47 - How COVID-19 Affects Child Support and Spousal Support
44 - Can you Be Better Off Financial If You Divorce?
40 - How to Keep Your Money in Separation and Divorce
34 - Disclosure in Family Law Cases
30 - Spousal Support Entitlement
13 - Spousal Support in Ontario and Canada
11 - Child Support’s Special and Extraordinary Expenses
10 - Child Support in Ontario/Canada - Who Pays and How Much?
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When parents do not separate on good terms, they often have concerns about the other parent’s priorities – particularly when very young children or infants are involved. When a separation is going to be high conflict, Family Lawyers frequently hear from a parent who needs to start court right away, without trying any of the better ways to work things out, because the kids have been completely cut off from him or her. The reasons why this happen vary, from domestic violence, to concerns about child abuse, to disagreements over parenting strategies, to questions about the other parent’s competences, to issues over child support and the children’s wishes. But, there are only certain reason that judges believe justify cutting off a parent from the children. Any other excuse is going to get a parent in serious Family Court trouble and that parent may even be cut off from the kids by Court Order!
In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, goes over what Ontario Family Law says justifies cutting out the other parent - and what does not. He also goes over the potentially serious consequences for parents - and the kids - when a parent gets that wrong. This episode contains the legal information that every parent should know before stopping a parenting schedule. This episode is also available in video format on YouTube.
If you found this episode helpful, check out these other episodes on similar topics:
70 - Do You Have a Dirty to Report to the Children’s Aid Society?
61 - Can You Move With the Kids After Separation?
60 - Should You Take Your Ex to Family Court?
59 - Why You Won’t Get Custody of the Kids
37 - Sharing the Holidays After Separation
36 - Is Family Court Biased?
35 - Keeping Custody/Access Issues Out of Court
The Ontario Family Law Podcast is a companion to the #1 best selling book, Guide to the Basics of Ontario Family Law, which is available as $9.99 ebook from the iBookstore, Amazon Kindle, or Kobo. You can also order the paperback version from Amazon.
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One of, if not the most, frequent calls that family lawyers get from a panicked parent comes when a vacation is days away and the other parent won’t sign the required consents or travel documents. That can mean that some pretty exciting trips to Disney World, or the Caribbean, or elsewhere are in jeopardy for the kids and travel insurance probably won’t cover the trip. Sometimes the other parent has legitimate concerns. But, more often that parent is bitter or jealous of the trip, or worried that it will give the travelling parent and “advantage” with the children. That often means that at least one of the parents is not making decisions based on what is best for the children, and, as a result, the children are losing out. That, “the children’s needs are secondary” approach in conflicts between parents is how children get harmed after separation or in divorce.
To avoid these difficult situations, in this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains the law around kids travelling after separation, how to avoid problems around travel, what consents, permissions or court orders are required, what to do when planning a trip for children after separation and, what steps a parent has to take when the other parent is being unreasonable about a proposed trip. A video version is available on YouTube.
If you found this episode helpful, check out these other episodes on similar topics:
60 - Should You Take Your Ex to Family Court?
59 - Why You Won’t Get Custody of the Kids
36 - Is Family Court Biased?
32 - How to Change a Support Order or Agreement
15 - Ontario Family Court, Step by Step - Part 2: From First Appearance to the Last Appearance Before Trial
14 - Ontario Family Court, Step by Step - Part 2: Starting and Responding to Family Court Proceedings
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 KindleeBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.
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With the prices of everything going up, especially the costs of first time homes, but also care, furniture and even diapers, may parents of adult children may find it necessary to help out their kids as they “get started” and are having trouble making ends meet, making financial plans for the future, or getting that first home to get into the real estate market. While many older parents want to help out their kids financially, for a variety of reasons, they may not want to help out the spouses of their kids.
To help out parents, who want to help their adult kids, in this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explores some ways that parents can help out their adult children without also giving it to their children’s spouses or partners. All parents who want to make gifts to their children should check out this episode BEFORE making their gift to make sure that gift goes where they expect.
A video version of this podcast is available on YouTube.
If you found this episode helpful, check out these other episodes on similar topics:
71 - How the Crazy Real Estate Market affects Divorce and Separation
68 - Will Your Ex Get Everything If You Die?
63 - What Can You Do With a Marriage Contract?
56 - Will My Ext Get My House If I Divorce?
44 - Can You Be Better Off Financially If You Divorce?
40 - How to Keep Your Money in Separation/Divorce
29 - Common Law Separation and Property Division
9 - How is Property Divided After a Divorce in Ontario?
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 KindleeBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Getting an uncontested or simple divorce is thought by many to be a straightforward process. As a result many people who try to do their divorce on their own are surprised when a judge refuses to grant the divorce. There is no absolute right to a divorce. Ontario Family Law sets out several reasons that a judge must refuse to grand a divorce, even when the couple needs it quickly to get remarried to new partners. They range from child support problems, to service issues, to attempts at fraud, to problems with a religions divorce, to the spouses not being entitled to get divorced in Ontario, to several more reasons. It is important that separated spouses who want a divorce, know all the reasons that compel a judge to refuse that divorce, so they are not stuck rescheduling a wedding or having other problems
In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains reasons that a judge can refuse a divorce to help separated couples succeed in becoming divorced. This episode is critical for all separated couples who want to get a divorce, particularly those that are trying to get an uncontested divorce on their own, so that they can avoid the problems that can keep them from getting divorced. There is a video version of this episodes available on YouTube.
If you found this episode helpful, check out these other episodes on similar topics:
67 - How Long Does It Take To Get Divorced in Ontario?
56 - Will my Ex Get My House If I Divorce?
55 - Can You Get Divorced in Canada?
51 - Who Pays the Cost of an Ontario Divorce?
44 - Can You Be Better Off Financially If You Divorce?
40 - How to Keep Your Money in Separation and Divorce
11 - Child Support’s Special and Extraordinary Expenses
10 - Child Support in Ontario/Canada: Who Pays and How Much?
3 - Divorce - What Does It Mean? How Do I Get One?
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 KindleeBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
The housing market, with its rapidly rising real estate prices, has been a topic of conversation across Canada. It has also been a subject of interest in Family Courts, mediations and arbitrations. Separated and divorcing spouses either want to make sure they continue to share in the rapidly increasing value of the home, or to make sure their former spouses do not. When spouses are married, they have matrimonial homes – sometimes more than one per couple – and those can create a lot of opportunities to gain great wealth, at the expense of the other spouse, in this real estate market. Common law couples do not equalize their property, so how they have arranged their finances may mean they share in every increase in real estate values or do not share them at all.
In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains how the increase in value of matrimonial and family homes is shared, or is not, before and after separation, in the current crazy real estate market. How couples organize their finances can make differences of hundreds of thousands of dollars, even millions of dollars when they separate. A video version of this podcast is available on Youtube.
To get more information about the topics covered in this episode, check out these other episodes:
44 - Can You Be Better Off Financially If You Divorce?
40 - How to Keep Your Money in Separation and Divorce
29 - Common Law Separation and Property Division
9 - How Property Is Divided After a Marriage in Ontario
8 - How Your Heart Can Get You Into Financial Trouble - Step Children and Matrimonial Homes
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 KindleeBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
There is no question that child abuse and neglect is a terrible thing that can have long lasting impacts, even ruin the entire lives of child victims. While everyone should want to protect children from child abuse and neglect, Ontario Law has made it mandatory for everyone in a job that relates to children to report suspicions of child abuse and neglect to a children’s aid society. But, many have people have questions about what legal obligations they might have to report child abuse, what constitutes child abuse or neglect that must be reported and whether they can get into trouble for making such a report. This episode answers all those questions about requirements to report to a children’s aid society. It is critical watching or listening for all professionals who work with children in Ontario.
This episode is alsoavailable in video format on Youtube.
If the children's aid society has called to do an investigation on your family, listen to this episode, watch this video and read this page.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 KindleeBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Expulsion is the most serious punishment available within the school system and it can have long lasting consequences for expelled students both for their education and for their lives more generally. Although Board’s deny it, most expelled students have some identifiable characteristics. They are more often racialized, have special education needs, are socially awkward – nerds, geeks and such, have been in the care of a children’s aid society or a combination of those. In short, they are the most vulnerable students. But, none of these are good reasons to expel a student. Alternatively, principals want kids out of their school if there is even a hint of sexual impropriety, which raises lots of questions about injecting school discipline into student social-dynamics, especially amongst teenagers.
While it may be possible to expel private school students for anything, things are very different for public school students. The student must have misbehaved at school, at a school related activity or in a way that has impact many students at the school. In addition, there are only eleven types of misbehaviour for which a school board can expel a student. If the student did not commit one of those types of acts at one of the required places, the student cannot be expelled. And, there are some special circumstances where even if a student did one of those types of behaviour, they still cannot be expelled. If school is trying to expel a student improperly, the student and parents should fight that expulsion. There are procedures for doing that and for appealing expulsions.
In this Episode, Education Lawyer, John Schuman explains what students can be expelled for - and what they can’t. Many Ontario students are expelled improperly. When that happens, they should not let the expulsions stand. A child’s education is far too important.
If you found this episode helpful or informative, check out these:
65 - How to Get Help For Your Child’s Special Needs in Ontario Schools
58 - Student Rights During COVID-19
39 - What Ontario Private Schools Must Do About Bullying
38 - Ontario Private Schools, Standards and Education Law
22 - Children’s Rights in Ontario Schools
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After they separate from a spouse or partner, most people expend considerable effort protecting their financial situation. People want to protect what they have, either for themselves or for their children. They also do not their exes to get more than necessary. Everyone wants their own money that they can use, or give away, free from interference. After separation, nearly everyone is very careful in organizing finances. But, often they are NOT careful in planning for their finances if they die. Unfortunately, that can mean that, even after a long fight, a former spouse can get take much more from the estate than he or she would have gotten through family court - just because the other spouse dies without doing the proper things. En ex-spouse can even take money from the estate at the expense of the children.
In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains what you have to do keep your ex from getting everything if you die after separation and to ensure your inheritance goes where you want it to go. With concrete examples he sets out the precise steps that every separated spouse should take to preserve his or her estate for loved ones.
This episode is also available in video format on YouTube.
To get more information about the topics covered in this episode, check out these other episodes:
9 - How is Property Divided After a Marriage in Ontario?
10 - Child Support in Ontario/Canada: Who Pays and How Much?
23 - Why You Need a Will
29 - Common Law Separation and Property Division
30 - Spousal Support Entitlement
40 - How to Keep Your Money in Separation and Divorce
42 - How to Get a "Legal Separation" in Ontario
44 - Can You Be Better Office Financially If You Divorce?
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 KindleeBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
The big questions asked by people who are struggling in their marriage are "how easy it will be to get a divorce in Ontario?" and “How long will it take?" People looking for a “new me” don’t want to have their ex hanging around like an anchor. Especially, as getting a divorce is a prerequisite to getting remarried. In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains how easy and quick (or not) it will be to get an Ontario Divorce. He explains what is required to qualify for a divorce in Ontario. John also explains what separated spouses should do to get their divorce faster, some out-of-court options to move things along more quickly, and what will slow down the process and make it drag on. This is all critical information that anyone considering separating from a spouse must know.
To get more information about the topics covered in this episode, check out these other episodes:
3 - Divorce - What Does It Mean? How Do I Get One?
9 - How is Property Divided After a Marriage in Ontario?
10 - Child Support in Ontario/Canada: Who Pays and How Much?
14-16 Ontario Family Court Step-by-Step
29 - Common Law Separation and Property Division
40 - How to Keep Your Money in Separation and Divorce
42 - How to Get a "Legal Separation" in Ontario
44 - Can You Be Better Office Financially If You Divorce?
51 - Who Pays the Cost of an Ontario Divorce?
53 - How to Pay Less Child Support
54 - Child Support Does Not End at 18
60 - Should You Take Your Ex to Family Court?
62 - Is Family Mediation Binding?
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 KindleeBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Child Support is one of the hottest topics on this podcast. It rouses a LOT of emotions. Separated parents frequently think that the amount of child support is wrong right from the start. But, over time, changes in parent’s incomes and changes in parenting schedules can mean that the amount of child support DOES become wrong. In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains what you have to do, step-by-step, to change child support. He goes over what court forms to use, what the steps in the court process will be and how to avoid court. (This previous episode explains parents may want to avoid court.) If the child support amount is now wrong, this episode explains how to fix that.
If you enjoyed this episode, check out these others:
62 - Is Family Mediation Binding?
60 - Should You Take Your Ex to Family Court?
57 - Could I Have to Pay Child Support to My Spouse’s Ex?
54 - Child Support Does Not End at Age 18
53 - How to Pay Less Child Support
47 - How COVID-19 Affects Child Support and Spousal Support
44 - Can you Be Better Off Financial If You Divorce?
40 - How to Keep Your Money in Separation and Divorce
34 - Disclosure in Family Law Cases
11 - Child SUpport’s Special and Extraordinary Expenses
10 - Child Support in Ontario/Canada - Who Pays and How Much?
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 KindleeBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
One of the ways the most frequent ways kids get into trouble in school is by not having their unique needs met. It is well know that when a school fails to meet a student’s education needs that can lead to all kinds of problems – not just the student failing to learn the curriculum. It can lead to the student being frustrated, sometimes to the point of dropping out, having behaviour problems, getting suspended or expelled, and in all cases, definitely not achieving what the student should in school. Often the resources for children with special needs are greater in the public school system than in private schools, which have only the resources that parents pay for. But, getting the school to accommodate a child’s special needs can be challenging for parents. Still, Ontario Education and Human Rights Law is often on the side of the student with a disability. This episode
In this Episode, Education Lawyer, John Schuman explains how special education works in Ontario public schools and under Ontario Law, so that parents can get their children the help they need. This episode is available in video format on YouTube.
If you found this episode helpful or informative, check out these:
58 - Student Rights During COVID-19
39 - What Ontario Private Schools Must Do About Bullying
38 - Ontario Private Schools, Standards and Education Law
22- Children’s Rights in Ontario Schools
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
This is a special edition of the Podcast since lots of parents, and college students want to know if it is necessary to be vaccination against COVID19 to attend school. Others have asked about whether vaccination is necessary to play league sports. Education Lawyer, John Schuman explains what Ontario Law requires when it comes to the vaccine and attending school or participating in sports. He also explains whether it is the child's or the parent's choice for the child to receive the vaccine.
If you found this episode helpful or informative, check out these other episodes
22 - Children’s Rights in Ontario Schools
38 - Ontario Private Schools, Standards and Education Law
39 - What Ontario Public Schools Must Do About Bullying
49 - Can Parents Get Private School Tuition Back Due to COVID-19?
58 - Student’s Rights During COVID-19?
Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on all aspects of children’s law, education law, children’s rights, family law, divorce and separation issues. Please feel free to share this podcast with your social network using the sharing buttons below. The host of the Ontario Family Law Podcast, John Schuman, is an Education Lawyer with more than 20 years experience, practicing in Toronto.
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As soon as COVID-19 restrictions started lifting, people started getting married again. But having had to wait, or perhaps because they are getting married older, the betrothed have given some thought about what getting married means. Perhaps they have been following the Ontario Family Law Podcast and paid attention to the issues that can arise on separation, or read the comments. Perhaps they have read the Guide to the Basics of Ontario Family Law to understand how Family Law works. But, people who are getting married now are getting married smarter and using marriage contracts to avoid surprises if they separate. From property division, to child and spousal support to parenting issues, in this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman explains what you can and cannot do with a marriage contract or a cohabitation agreement (for people who are living common law). He also explains what the law says cannot be changed using these types of contracts. This episode is essential listening for people who are getting married, or people who are planning to live common law, so they know what arrangements they can make to protect what is most important to them during in their relationship.
If you found this episode helpful, check out these other episodes on related topics:
60 - Should You Take Your Ex to Family Court?
59 - Why You Won’t Get Custody of the Kids
33 - The Law of Marriage Contracts and Cohabitation Agreements
30 - Spousal Support Entitlement
29 - Common Law Separation and Property Division
10 - Child Support in Ontario/Canada
9 - How Property is Divided After a Marriage
8 - How Your Heart Can Get You Into Financial Trouble
4 - How to Have an Enforceable Marriage Contract
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 KindleeBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
When separating, many spouses and parents want to find easier, less destructive and less expensive alternatives to Family Court. For most people, those options are better. In addition, the 2021 changes to the Divorce Act require separating spouses to consider alternatives to Court. Many people consideration family mediation to resolve their differences after separation. But, having heard that mediation is a voluntary process, they also worry that their ex will just ignore the result at mediation. In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, answers the question "Is Family Mediation Binding?”
John also explains how to get to a resolution of issues related to post-separation parenting, child support, spousal support and property division using the Alternative Dispute Resolution Options, so separated spouses can decide what path works best for them. This episode is also available on YouTube.
If you enjoyed this episode, check out these others:
60 - Should You Take Your Ex to Family Court
42 - How to Get a Legal Separation in Canada
41 - How to Prepare for Family Mediation
36 - Is Family Court Biased?
34 - Disclosure in Family Law
24 - How to Have a Valid and Enforceable Separation Agreement in Ontario
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon. Order it here: http://www.schumanlaw.ca/get-your-copy-now-and-get.html
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
One of the most difficult decisions any judge faces is whether to allow one parent to move away from the other parent after separation or divorce. It is hard, because the children can lose most, if not all, of their relationship with the parent who stays behind. While judges can sometimes be suspicious that the move may be a tactic by a vindictive ex to cleanse the other parent out of their life and the life of the children, often there are really good reasons for the move and it can be hard to balance all the positive benefits that the moves offer to the children against losing a relationship with a parent. When the Federal and Ontario government’s changed the Family Laws in March 2021, they made them more specific as to when moves should and should not be allowed.
In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains what a parent must know and must do if he or she thinks he or she may need to move with the kids. A video version of this episode is also available on YouTube.
Here are the relocation forms:
- For divorced parents
- For common-law parents:
- Objection to move for divorced parents:
If you found this episode helpful, check out these other episodes:
60 - Should You Take Your Ex to Family Court?
59 - Why You Won’t Get Custody of the Kids
36 - Is Family Court Biased?
32 - How to Change a Support Order or Agreement
27 - Domestic Violence
24 - How To Have A Valid and Enforceable Separation Agreement
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
People have assumed for years that getting divorced, or even separating meant you had go battle things out in Family Court. That is not the case. Family Court is NOT the best option for many people. It can lead to results they don’t want. Going to Family Court means turning over important decisions about your family, and most importantly about your children, to a stranger – the judge. And for certain people, and in certain situations, that may have undesirable results. Parents are often disappointed with the results for their kids. There are other ways to resolve matters. negotiation, mediation, arbitration and collaborative practice all represent ways to stay out of Court. But sometimes, those options won't provide the necessary protection and going to Family Court to have a judge take control of the situation is absolutely necessary.
In this edition of the Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains how to know when you should go to Family Court and when you should look at those other options to resolve matters with your Ex. He also explains what to watch out for, and some of the tactics that lawyers use to win in Family Court, to make sure going to Court works better for separated parties and the children.
If you enjoyed this episode, you will want to check out these ones:
59 - Why You Won’t Get Custody of your Kids
46 - Do Parenting Plans and Family Court Orders Continue During COVID-19? and update
45 - Resolving Family Law Disputes While the Courts are Closed
41 - How to Prepare for Family Mediation
36 - Is Family Court Biased?
35 - Keeping Child Custody/Access Issues Out of Court
34 - Disclosure in Family Law Cases
27 - Domestic Violence - The Critical Information
14 - Ontario Family Court Step By Step - Part 1
15 - Ontario Family Court Step By Step - Part 2
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
In this edition of the Family Law Podcast, which is also available on YouTube, Certified Specialist in Family Law, John Schuman, explains how if you go to court to get custody of the children, you are certain NOT to get it.
For many years, custody of the children was the big prize in any divorce or separation. Especially with the introduction of “no-fault divorce”, custody of the children was important because it showed who WON the divorce. For separating parents, getting custody, and controlling the other parent’s “access” has been the ultimate goal, which superseded other considerations, like maintaining an amicable relationship with other parents, or being able to co-parent, or addressing the children’s needs. With the introduction of the Child Support Guidelines, custody became even more important because it also meant entitlement to child support and even sharing parenting meant getting less child support. The huge importance separated parents have placed on getting custody is indisputable.
Then, in 2019, the Federal Government, followed by the provincial governments, made big changes to the Divorce Act and other family laws to abolish the terms “custody” and “access” and change the focus of “parenting orders” on to the children and their needs. Those changes went into effect on March 1, 2021.
Judges now make parenting orders, not custody orders, and those parenting orders have two components – parenting responsibilities and parenting time.
If you enjoyed this episode, you will want to check out these ones:
46 - Do Parenting Plans and Family Court Orders Continue During COVID-19?
46.2 - Update on Parenting During the Pandemic
37 - Sharing the Holidays After Separation
35 - Keeping Child Custody/Access Issues Out of Court
18 - Hearing the Voice of the Child in Custody/Access Proceedings
17 - Sole Custody. Joint Custody, Split Custody, Shared Custody - How do Judges Decide?
7 - What Does the term “custody of a child” mean? How does a judge decide who should get it?
5- What Say Do Children Get in Separation and Divorce?
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
The pandemic has brought massive changes to Ontario’s education system. This shake-up has left parents with a lot of questions about whether their children still have rights within the school system. In a public school system struggling to cope with all the extra COVID19 related demands it can be hard to get schools administrators and teachers to find time for parent’s concerns. While there have been big changes due to the pandemic, students do have rights even still. Although, those rights are not always the ones that parents wish they their children had. This episode of the Ontario Family Law Podcast explains what rights students have during the pandemic.
In this Episode of the Ontario Family Law Podcast, Education Lawyer, which is also available as a video on YouTube, education lawyer, John Schuman answers the questions about what Ontario Law guarantees to students during the pandemic and what protections they have if things go wrong. In addition to covering what lights students have to attend in-person learning at their local school, this episode reveals what the minimum educational education standards are in the province and sets. It also discusses what rights that students with special needs, and students who are victims of bullying, can continue to expect even during labour disruptions affecting their school.
If you found this episode helpful or informative, check out these other episodes:
22 - Children’s Rights in Ontario Schools
38 - Ontario Private Schools, Standards and Education Law
39 - What Ontario Public Schools Must Do About Bullying
49 - Can Parents Get Private School Tuition Back Due to COVID-19?
Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on all aspects of children’s law, education law, children’s rights, family law, divorce and separation issues. Please feel free to share this podcast with your social network using the sharing buttons below. The host of the Ontario Family Law Podcast, John Schuman, is an Education Lawyer with more than 20 years experience, practicing in Toronto.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Blended families are becoming more and more common as parents find new partners after the end of an earlier relationship. Some of those new partners can be reluctant to start a relationship with some who already has kids. That can make things complicated, especially as it often means the ex may still be hanging about. But, a BIG concern of many people considering starting a relationship with someone who is already a parent is whether becoming that parent’s spouse will mean becoming liable for that parent’s child support obligation. New spouse’s should not be liable for their partner’s child support obligation. But, the legal answer is more complicated.
When a person marries, or starts a relationship, with someone who has kids from a previous relationship, that person can be on the hook, directly or indirectly, to that partner’s ex. In this episode of the Ontario Family Law Podcast, which is also available as a video on YouTube, Certified Specialist in Family Law, John Schuman, explains how that can happen, and how to avoid pay child support to a new partner’s ex.
If you enjoyed this episode, you will want to check out these ones:
12 - How Step Parents and Grand Parents Can Be on the Hook for Child Support
4 - How to Have An Enforceable Marriage Contract in Ontario
8 - How Your Heart Can Get You Into Trouble
9 - How Property is Divided After a Marriage in Ontario
10 - Child Support in Ontario/Canada
11 - Child Support’s Special and Extraordinary Expenses
20 - What Living Common Law Means (and What It Doesn’t)
29 - Common Law Separation and Property Division
53 - How to Pay Less Child Support
And listen to this radio program, and watch this TV News Story on grandparents being sued for child support.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Family Law can really ruin things for people who have bought their own home. Over the past several months, if not years, the prices of homes have skyrocketed. It is no longer a simple feat to purchase a home – it requires a lot of hard work and obviously, money. To get a home, people have to work through school, spend years in full-time employment, finally earn enough income to secure a home, then make mortgage payments for several years.
After doing all that if the homeowner marries, then separates, a large chunk, perhaps even half of all that effort goes away to the ex “for free.” Marriage can take away your most significant asset. In this episode of the Ontario Family Law Podcast, which is also available as a video on YouTube, Certified Specialist in Family Law, John Schuman, explains how that happens, and how to prevent it from happening, so married spouses can keep their homes if they divorce.
If you enjoyed this episode, you will want to check out these ones:
-
How to Have an Enforceable Marriage Contract in Ontario (audio only)
-
How Tour Heart Can Get You Into Financial Trouble (audio only)
-
How is Property Divided After a Marriage in Ontario (audio only)
-
Common Law Separation and Property Division (audio only)
-
The Law of Marriage Contracts and Cohabitation Agreements
-
How to Keep Your Money in Separation and Divorce
-
COVID Family Law Property Scam
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Anyone who has to deal with issues related to separation or divorce, the financial considerations in those circumstances or parenting concerns should rely on both this podcast and the book for easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
A lot of people either come to Canada married to someone else, or leave Canada to get married and then come back. When problems develop in their marriage, they wonder if they can get divorced in here, or if they have to go back to where they were married. Sometimes the spouse still lives abroad, which raises the question as to whether Canada can grant the divorce, or the other country must. This episode of the Ontario Family Law Podcast, which is also available as a video on YouTube, explains when spouses can get divorced in Canada, and when they cannot.
If you were married outside of Canada, or your spouse currently lives outside of Canada, in this podcast, Certified Specialist in Family Law, John Schuman, explains what you need to do to get your divorce. The explanation includes what determines in which country spouses can get their divorce and what criteria they have to meet to get their divorce in Canada. It also explains the steps for getting a divorce in Canada when one spouse lives somewhere else, as well as going over how Ontario Family Courts will make orders for separated couples for things like parenting, child custody, child support, spousal support and property division - even when a divorce is not possible.
If you enjoyed this episode, check out these ones:
-
Separation and First Decisions
-
Deciding How to Resolve Matters After Separation
-
Divorce - What Does it Mean? How Do I Get One?
-
How is Property Divided After a Marriage in Ontario
-
Child Support - Who Pays and How Much?
-
Immigration Law Consequences of Separation and Divorce
-
How to Keep Your Money in Separation and Divorce
-
How to Get a "Legal Separation" in Ontario
-
Who Pays the Costs of an Ontario Divorce?
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon. Anyone who has to deal with issues related to separation or divorce, the financial considerations in those circumstances or parenting concerns should rely on both this podcast and the book for easy-to-understand information and advice about how the law applies to their situation.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Many parents are under the mistaken belief that child support ends in Canada when a child turns 18 years old. Some even base their financial planning around being unburdened with child support when their offspring reaches voting age. Parent can be shocked to learn that child support obligations can continue long after their children reach the age of majority – in some cases much longer. Child support is often a hot topic. Many parents resent having to pay it and want it to end as soon as possible.
In this episode of the Ontario Family Law Podcast, which is also available as a video on YouTube, Certified Specialist in Family Law, John Schuman, explains when and why parents can be on the hook for child support when their children are adults.
Unlike several jurisdictions of the United States, child support in Canada does not automatically end for a child when he or she turns 18 years old. In Canada, child support continues for children after their 18th birthday in one of two circumstances:
- When the child is disabled, such that he or she remains financially dependent on his or her parents and cannot obtain employment or other income that is adequate to meet his or her needs
- When that child is enrolled full-time in a program of education.
However, even in these circumstances, child support can change and in many instances be reduced below what it was when the child was less than 18 years old. In this episode, senior family lawyer, John Schuman, explains the specifics of what qualifies a child to receive support after age 18 (and what does not) and how child support can be changed.
If you enjoyed this episode, you will want to check out these ones:
53 - How to Pay Less Child Support
44 - Can You Be Better Off Financially If You Divorce?
40 - How to Keep Your Money in Separation and Divorce
36 - Is Family Court Biased?
34 - Disclosure in Family Law Cases
32 - How to Change a Support Order
14-16 Ontario Family Court Step-By-Step
12 - How Step Parents Can Be on the Hook for Child Support
11 - Child Support's Special and Extraordinary Expenses
10 - Child Support in Ontario and Canada
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Child support gets more people angry on the internet than any other Family Law topic. But, if you speak to Family Court Judges, child support should not be controversial – people should show that they care for their kids by paying for their needs. Recognizing that most support payers do NOT want to overpay child support, this edition of the Ontario Family Law Podcast looks at ways to reduce child support and looks at some of the traps that result in higher child support than the law requires.
In this episode of the Ontario Family Law Podcast, which is also available as a video on YouTube, Certified Specialist in Family Law, John Schuman, explains many of the factors that affect the amount of child support and which ones will and which ones will not end up reducing how much a parent pays. He covers the following child support issues:
- how shared parenting can affect support
- quitting a job or reducing income
- income tax considerations
- undue hardship
- financial disclosure
- section 7 expenses, and
- step-parent and multiple parent families
This episode is critical listening or viewing for anyone who pays or receives child support to understand how each of those factors can change support.
If you enjoyed this episode, you will want to check out these ones:
44 - Can You Be Better Off Financially If You Divorce?
40 - How to Keep Your Money in Separation and Divorce
36 - Is Family Court Biased?
34 - Disclosure in Family Law Cases
32 - How to Change a Support Order
14-16 Ontario Family Court Step-By-Step
12 - How Step Parents Can Be on the Hook for Child Support
11 - Child Support's Special and Extraordinary Expenses
10 - Child Support in Ontario and Canada
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Pensions can be great to allow people to retire. But, they can cause a lot of stress in divorce. People who work in the public service, such a First Responders, health care workers, and other government employees often have pensions as part of their compensation. Although, many do not realize how valuable the pension is until they retire, or until they divorce and substantial value of the pension becomes something to be divided with the ex.
In this episode of the Ontario Family Law Podcast, which is also available as a video on YouTube, Certified Specialist in Family Law, John Schuman, explains the often misunderstood Family Law concepts of when pensions are divided in separation and divorce, how to go about doing so, and the options separating spouses have when dealing with pensions at the end of a marriage.
If you found this episode helpful or interesting, check out the following episodes :
- 44 - Can You Be Better Off Financially if You Divorce?
- 40 - How to Keep Your Money in Separation and Divorce
- 29 - Common Law Separation and Property Division
- 25 - Family Law for First Responders
- 9 - How is Property Divided After a Marriage in Ontario?
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Anyone who has to deal with issues related to separation or divorce, the financial considerations in those circumstances or parenting concerns should rely on both this podcast and the book for easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns. The book also covers all the other related family law issues, such as child support, spousal support, property division and restraining orders.
Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on family law, divorce and separation issues. The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law, practicing in Toronto.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
One of the things people worry most about when separating is the cost of getting divorced. The cost of going to Family Court can be very high. There can also be other expenses outside of court - fees charged by the Court, and fees charged by lawyers, accountants, mediators and other professionals. When divorces get complicated and nasty, the fees can run hundreds of thousands of dollars. Separating spouses want to know what those costs are and which spouse will pay them. Often, separating spouses also want to know how to keep those costs down.
In this episode of the Ontario Family Law Podcast, which is also available as a video own YouTube, Certified Specialist in Family Law, John Schuman, explains the costs of getting a divorce in Ontario, how to keep them down, who pays them and even how one separating spouse can get the other spouse to pay them. This is information everyone contemplating separation should know before making their first decisions.
If you found this episode helpful or interesting, check out the following episodes :
- 44 - Can You Be Better Off Financially if You Divorce?
- 42 - How to Get a Legal Separation Agreement
- 41 - How to Prepare for Family Mediation
- 35 - Keeping Child Custody/Access Cases Out of Court
- 34 - Disclosure in Family Law Cases
- 14-16 Ontario Family Court Step by Step
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Anyone who has to deal with issues related to separation or divorce, the financial considerations in those circumstances or parenting concerns should rely on both this podcast and the book for easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
The pandemic has been extremely stressful for everyone. The fears of getting sick, combined with being isolated from friends and loved ones, the disruption of routines, the loss of favorite activities and perhaps the financial insecurity has made coping difficult for people who do not have underlying mental health problems. Add to that, many people are spending more time with their spouses than they ever have before, and they are learning lots about partners, and perhaps lots that they do not like. Life can become intolerable for people living together, particularly where they cannot get along or sympathize with what each other are feelings. For many others who already have strained relationship, the pandemic has pushed them past the breaking point. Many people are asking, “Is COVID19 a good time to separate?”
In this episode of the Ontario Family Law Podcast, which is also available as a video on Youtube, Certified Specialist in Family Law, John Schuman, provides some important information for making that decision.
While this episode answers specific questions about separating during COVID19, many of the considerations are applicable at other times too. Concerns about custody of the children, child support, spousal support and how property division will work out will continue even after the pandemic is over. The Family Law Principals will be the same. Only the circumstances will be different.
If you found this episode helpful or interesting, check out the following episodes:
- 42 - How To Get A Legal Separation in Ontario
- 44 - Can You Be Better Off Financially If You Separate
- 40 - How to Keep Your Money in Separation and Divorce
- 33 - The Law of Marriage Contracts and Cohabitation Agreements
- 30 - Spousal Support Entitlement
- 29 - Common Law Separation and Property Division
- 27 - Domestic Violence - the Critical Information to Get Help and Protection
- 17 - Sole Custody, Joint Custody, Split Custody, Shared Parenting, Parallel Parenting - How Do Family Court Judges Decide?
- 13 - Spousal Support in Ontario and Canada
- 10 - Child Support in Ontario and Canada
- 9 - How is Property Divided After a Marriage in Ontario
- 1 - Separation and First Decisions
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Ontario students have been out of school for since March. Parents of children in the public school system have been struggling with helping their children through lessons at home with what many of them feel is inadequate support, especially for children with special learning needs. Parent with children in private school have been facing that, and additional concerns regarding paying tuition. Even though they are closed to students due to the pandemic, and many parents are struggling financially, some Ontario Private Schools are asking parents to pay for the 2020/2021 school year now. Others are continuing to charge for school this year or are refusing any form of refund even though students are not going to school. For parents who paid for boarding, that can be a lot of money and it seems particularly unfair since their children are not currently living at the school. Unlike public school parents, private school parents feel stung even more if the distance learning for their children is not meeting their expectations in light of what they paid.
In this episode of the Ontario Family Law Podcast, host, which is also available as a video on YouTube, education lawyer John Schuman, explains how Ontario Education Law may give parents some avenues to seek money back from Ontario Private Schools who are charging tuition while school is out due to the pandemic.
If you found this episode helpful or interesting, check out the following episodes:
- 38 - Ontario Private Schools, Standards and Education Law
- 22 - Children’s Rights in Ontario Schools
Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on all aspects of children’s law, education law, children’s rights, family law, divorce and separation issues. Please feel free to share this podcast with your social network using the sharing buttons below. The host of the Ontario Family Law Podcast, John Schuman, is an Education Lawyer with more than 20 years experience, practicing in Toronto.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Even with the Family Courts mostly closed during the pandmeic, and the economy struggling, spouses are making legal claims to try to get ALL of what their ex has left. This actually is not a concern unique to COVID19, it is also a concern whenever the economy takes a downturn. But, these times do allow a spouse to take advantage of the laws that apply to property division in divorce to get everything, or almost everything that their spouse has. The episode of the Ontario Family Law Podcast, which is also available as a video on Youtube, explains how this happens and how to avoid it as often it really is a SCAM. Married spouses must listen to this podcast to know how these troubling times have impacted what happens when separating in Ontario.
If you found this episode helpful or interesting, check out the following episodes:
- 45 - Resolving Family Law Disputes While the Family Courts are Closed Due to COVID19
- 46 - Do Parenting Plans and Family Court Orders Continue During COVID19?
- 47 - How COVID19 Affects Child Support and Spousal Support
- 4 - Protecting yourself with a marriage contract
- 9 - Property Division After a Marriage
- 21 - Property Division and Personal Injury Settlements
- 29 - Common Law Separations
- 33 - The Law of Marriage Contracts
- 44 - Can You Be Better Off Financially If You Divorce?
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Anyone who has to deal with issues related to child custody, child access or parenting after separation should rely on both of them for give easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns.
Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on family law, divorce and separation issues. The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law, practicing in Toronto.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
The Corona Virus has had a previously unimaginable impact on our economy and the incomes of many Canadians. Many people paying or receiving child support or spousal support find that their income is either uncertain, has been dramatically reduced or is gone all together. What happens to child and spousal support when the support payor has these financial concerns during COVID19 is the subject of this edition of the Family Law Podcast, which is also available as a video on YouTube.
Previous episodes of the Ontario Family Law Podcast have explained how child support works and how spousal support works. Since then, it seems like everything may have changed COVID19 has put many people out of work, reduced the incomes of many other, completely shut down some businesses, leaving the owners with no money at all. What does that mean for child support and spousal support obligations? In the short run, probably very little. In the long run, perhaps a lot.
The government has not enacted any new laws to change support obligations as a result of the Corona Virus. Unless the support payer and the support recipient agree to something different, support continues as set out in the last court order or separation agreement. The children or spouse who are dependent on that support remain dependent on that support.
However, many support payers feel that the children or their ex cannot have financial security that they do not have – especially when there is no money left.
It may not be possible for support payers to pay full child support or spousal support right now. That does not mean that they can just ignore court orders. They may have to make up the missed payments later, or it may be necessary to adjust support going forward, although with the current restricted access to the Ontario Courts, that can be tricky and may be difficult going forward if the support payer does not do things correctly.
This edition of the Ontario Family Law Podcast explains the basics of what both support payers and support recipients have to know during the Corona Virus Crisis. It has tips for moving forward to ensure that support remains fair in the short and long term.
If you found this episode helpful or interesting, check out the following episodes:
- 46 - Do Parenting Plans and Family Court Orders Continue During COVID-19?
- 45 - Resolving Family Law Matters While the Courts Are Closed Due To COVID-19
- 32 - How to Change a Support Order or Agreement
- 30 - Spousal Support (Alimony) Entitlement
- 13 - Spousal Support in Ontario
- 10 - Child Support in Ontario and Canada
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
This bonus episode updates episode 46 of the Ontario Family Law Podcast, which was on Family Law for separated parents during the pandemic. It is also available ad a video on YouTube. The content of that original episode remains competely accurate. This version goes into what specific judges have said and their expectations in specific parenting situations during the pandemic.
The sweatshirt from this video is from the #ivegotyourback911 campaign, which raises awareness and financial support for mental health programs for first responders. Check it out at www.ivegotyourback911.com
If you found this episode helpful or interesting, check out the following episodes :
45 - Resolving Family Law Disputes While the Family Courts Are Closed Due to COVID-19
46 - Do Parenting Plans and Family Court Orders Continue During COVID-19?
47 - How COVID19 Affects Child Support and Spousal Support
48 - COVID19 Family Law Property Scam
49 - Can Parents Get Private School Tuition Back Due to COVID19?
50 - Is COVID19 A Good Time to Separate or Divorce?
27 - Domestic Violence - the Critical Information to Get Help and Protection
17 - Sole Custody, Joint Custody, Split Custody, Shared Parenting, Parallel Parenting - How Do Family Court Judges Decide?
10 - Child Support in Ontario and Canada
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Anyone who has to deal with issues that may go to Family Court, such as child custody, child access or parenting after separation, should rely on both of the Ontario Family Law Podcast and the Guide to the Basics of Ontario Family Law for give easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns. The book also covers all the other related family law issues, such as child support, spousal support, property division and restraining orders.
Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on family law, divorce and separation issues. Please feel free to share this podcast with your social network using the sharing buttons below. The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law, practicing in Toronto.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Does COVID-19 mean that separated parents should not let the children see the other parent? Does the corona virus crisis justify breaching court orders? This special edition of the Ontario Family Law Podcast, which is also available as a video on YouTube, explains the law and provides tips for difficult situations.
The corona virus crisis is having a profound impact on every aspect of our society. With all the significant changes in the way that everyone is living every aspect of everyday life, and all the new public health requirements, separated parents are having questions about whether they should continue to follow the current parenting scheduled as set out in a Parenting Order or to an agreement with their ex. All that is happening at a time when the Ontario court system is shut down and dealing with only the most desperate situations. As a result, there are no court decisions providing guidance about exactly what parents should do about their parenting schedules in the midst of this crisis. However, there are some established principles under our family laws that do provide some guidance. This podcast goes over those laws to give some assistance to separated parents.
If you found this episode helpful or interesting, check out the following episodes:
- 45 - Resolving Family Law Disputes While the Family Courts Are Closed Due to COVID-19
- 35 - Keeping Child Custody/Access Issues Out of Court
- 7 - What does the term "custody of a child" mean? How does a judge decide who should get it?
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Anyone who has to deal with issues that may go to Family Court, such as child custody, child access or parenting after separation, should rely on both of the Ontario Family Law Podcast and the Guide to the Basics of Ontario Family Law for give easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns. The book also covers all the other related family law issues, such as child support, spousal support, property division and restraining orders.
Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on family law, divorce and separation issues. The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law, practicing in Toronto.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
The closure of the Ontario Family Courts due to COVID-19 does NOT mean that separated spouses and parents have to wait to have their matters resolved. Since separation and divorce is an uncomfortable period of transition for both adults, but especially children, waiting a few months for the courts to reopen could be painful and add additional stress and anxiety at an already difficult time. In this edition of the Ontario Family Law Podcast, Certified Specialist, John P. Schuman, explains the procedures available to get your Family Law Matter resolved, even while the Courts are closed. Everyone who has unresolved Family Law matters should listed so they do not have to suffer waiting to have these difficult matters resolved. This episode is also available as a video on YouTube.
If you found this episode helpful or interesting, check out the following episodes:
- 24- How to Have A Valid and Enforceable Separation Agreement
- 31 - How Lawyers Help at Family Mediation
- 35 - Keeping Child Custody/Access Issues Out of Court
- 36 - Is Family Court Biased?
- 41 - How To Prepare for Family Mediation
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Anyone who has to deal with issues that may go to Family Court, such as child custody, child access or parenting after separation, should rely on both of the Ontario Family Law Podcast and the Guide to the Basics of Ontario Family Law for give easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns. The book also covers all the other related family law issues, such as child support, spousal support, property division and restraining orders.
Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on family law, divorce and separation issues. Please feel free to share this podcast with your social network using the sharing buttons below. The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law, practicing in Toronto.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
People assume that they will be financially ruined by their separation and divorce. In this episode, which is also available on YouTube, Ontario Family Law Podcast, Certified Specialist, John Schuman, explains why that is not always the case. This episode explains important Family Law financial issues, such as child support, spousal support/alimony, property division and the impact of shared parenting situations. It goes over the often misunderstood financial impact that they can have on separation. Those misunderstandings often lead people to assume that a divorce will ruin them financially. This episode explains why that is not necessarily the case and in what situations a separated spouse an actually be better off financially. This episode also has legal tips to help make the best decisions for starting a new life. To avoid common Family Law mistakes, it is important to make informed decisions to protect yourself and your kids. This episode provides a wealth of information to help with those decisions.
If you found this episode helpful or interesting, check out the following episodes:
- 4 - Protecting yourself with a marriage contract
- 9 - Property Division After a Marriage
- 10 - 12 Child Support in Ontario and Canada
- 13 - Spousal Support
- 21 - Property Division and Personal Injury Settlements
- 29 - Common Law Separations
- 30 - Entitlement to Spousal Support
- 33 - The Law of Marriage Contracts
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Anyone who has to deal with issues related to child custody, child access or parenting after separation should rely on both of them for give easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Difficulties between the Ontario Government and the teacher’s unions have led to public school classes being cancelled for some students, teachers not providing comments on report cards, and teachers stopping various other administrative tasks and other services. Many parents with children in the public education system have been asking about their children’s rights to an education during a teacher’s strike.
This Episode of the Ontario Family Law Podcast, which is also available as a video on Youtube, answers the questions about what Ontario Law guarantees to students and how it protects them. It reveals what the minimum educational education standards are in the province and sets. It also discusses what rights that students with special needs, and students who are victims of bullying, can continue to expect even during labour disruptions affecting their school.
Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on all aspects of children’s law, education law, children’s rights, family law, divorce and separation issues. Please feel free to share this podcast with your social network using the sharing buttons below. The host of the Ontario Family Law Podcast, John Schuman, is an Education Lawyer with more than 20 years experience, practicing in Toronto.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
One of the most common family law questions is “how to register a separation.” People have just separated, people who are thinking about separating and people who think they may be separated wonder what they have to do to “make it official”. The first things to do after separation is the topic in this episode of the Ontario Family Law Podcast. A video version is available on Youtube.
In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains how a “separation” becomes legal in Ontario - for both married and common law couples. He also explains the significance of the date of separation for support and property division, as well as some of the implications for employment benefits programs and income tax. John also explains the steps you need to start to address, and resolve, all the issues arising from separation. This podcast can help people who are separating avoid making big family law mistakes.
Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Anyone who has to deal with issues related to child custody, child access or parenting after separation should rely on both of them for give easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns. The book also covers all the other related family law issues, such as child support, spousal support, property division and restraining orders.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Many people choose family mediation to resolve the issues in separation and divorce, including parenting, child support, spousal support, and property division. Often they chose family mediation to save money or get everything resolved more quickly or to avoid the difficult arguments and fights. Mediation is more important, even required in some cases in the changes to the Divorce Act in 2020. But to really save money, to get through the mediation more quickly, and to avoid unnecessary arguments, it is really helpful to do some preparations before going to family mediation.
In this episode of the Ontario Family Law Podcast, which is also available as a video on Yutube, Certified Specialist in Family Law, John Schuman, goes over what every separated spouse or parent should do to prepare for family mediation. That preparation includes taking important steps to get ready to discuss parenting matters (formerly custody and access) and financial matters. It also involves getting emotionally prepared to resolved matters at mediation. This podcast explains it all and provides valuable Family Law Tips to not only allow mediation to go more smoothly, but to help it proceed much more quickly, and at a lower cost, while making it more likely that the mediation will be successful in reaching a resolution. This podcast can even help a separated parent or spouse use the mediation to get a result that he or she will like better.
Anyone going through a separation should consider mediation and other forms of ADR to resolve all the related matters. That makes this episode of the Ontario Family Law Podcast essentially listening or viewing.
The goal of any mediation is to reach a lasting separation. Consequently, it is also worth checking out Episode 24 of the Ontario Family Law Podcast on how to get a Valid and Enforceable Separation Agreement.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Anyone who has to deal with issues related to child custody, child access or parenting after separation should rely on both of them for give easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns. The book also covers all the other related family law issues, such as child support, spousal support, property division and restraining orders.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Separation and divorce can be very expensive - often more expensive than necessary. When separating spouses or parents are not careful, or make big family law mistakes, they give away or spend more money than they have to - leaving less money for themselves, their children and possibly their new families.
In this episode of the Ontario Family Law Podcast, which is also available in video format on Youtube, Certified Specialist in Family Law, John Schuman, gives many valuable family law tips to separating spouses and parents about how they can keep more of their money. Drawing from more than twenty years of experience as a family lawyer, trial lawyer, mediator, arbitrator and collaborative lawyer, John Schuman explains how preserve wealth through:
- using a marriage contact or cohabitation agreement to provide financial predictability and sensibility in separation
- avoiding bad Family Court decisions
- resolving matters using alternative dispute resolution (ADR) such as negotiation, mediation, arbitration and collaborative practice
- avoiding the financial horrors that can be associated with matrimonial homes
- saving on lawyer’s fees and using unbundled services
- calculating child support and spousal support appropriately
- considering measures to reduce income for support purposes
- taking steps to have your ex pay your lawyer’s fees
This podcast is an invaluable resource for people considering separation or divorce. People should listen to this podcast before living together, getting married or separating to make sure they do not give money away needlessly.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Anyone who has to deal with issues related to child custody, child access or parenting after separation should rely on both of them for give easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns. The book also covers all the other related family law issues, such as child support, spousal support, property division and restraining orders.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
In this edition in the Children's Right's series of the Ontario Family Law Podcast, Education Lawyer, John Schuman, explains what children have a right to expect that their public school will do to prevent bullying and what the school must do when bullying happens. He explains the obligations that the school has to the victims of bullying, including how the school must support all victims of bullying. He also explains what the school must do with the bullies. Finally, this podcast explains where parents, and students, can get help after being bullied and what legal remedies are available against schools that do not do enough about bullying.
It is essential that students know that their school has to protect them agains bullying and what rights they have in the school system when they are victimized by bullies Parents equally must know what they can do to protect their children, including what steps they can demand the school take to protect their children from being bullied, and to help them if they are bullied.
This episode is also available as a video on Youtube.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Many children attend Ontario Private Schools. They do so in the belief that those schools provide a superior education to publicly funded schools, including superior academics, better sports, smaller class sizes and more attention to children’s needs. But, does Ontario Law require private schools to meet those expectations or meet any standards at all? Recent private school scandals have pointed out just how little Ontario Education Law protects students at private schools. Parents should know what they are getting into before enrolling their child.
In this edition of the podcast, which is available as a video on Youtube, Toronto Education Lawyer, John Schuman explains how Ontario Education applies, and does not apply to Ontario Private Schools. He lets parents how to know what standards apply to any Ontario Private School that they are considering and what to do if the school falls below those standards. This is information that every parent needs to know before sending their child to private school.
Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on all aspects of children’s law, education law, children’s rights, family law, divorce and separation issues. Please feel free to share this podcast with your social network using the sharing buttons below. The host of the Ontario Family Law Podcast, John Schuman, is an Education Lawyer with more than 20 years experience, practicing in Toronto.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Holidays (be they Christmas, Chanukah Kwanza, Eid, New Years, or any other important celebration) can be difficult for separated families. It may be impossible for the kids to celebrate with both parents and their families - or to have the most important times, such as Christmas Morning, with both parents. Dividing up these special times with the children can be one of the biggest challenges after separation or in divorce.
Fighting over the holidays can ruin them for your kids and cause psychological harm. In this edition of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, gives useful parenting, child custoody and Family Law tips on how to share your children over important holidays. If you and your ex have not been able to sort out the holidays, this episode is essential listing to protect your kids and make sure they have a celebration, not a conflict.
The video version of this podcast is available on Youtube.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Anyone who has to deal with issues related to child custody, child access or parenting after separation should rely on both of them for give easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns. The book also covers all the other related family law issues, such as child support, spousal support, property division and restraining orders.
Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on family law, divorce and separation issues. Please feel free to share this podcast with your social network using the sharing buttons below. The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law, practicing in Toronto.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
For years, many people have said that Family Court is biased towards women. Lately, women who feel that fathers get "joint custody,” even "shared parenting," no matter what, feel that it is has become biased in favour of men. In this episode of the Ontario Family Law Podcast (the first available in both video and audio formats), Certified Specialist in Family Law, John Schuman, explores the issue of what, besides the law, influences judges when they make decisions in Family Law cases. People often lose cases for reasons that are not always related to their gender. Understanding how to get a judge’s sympathy is critical to “winning’ in Family Court.
The video version of this podcast is available on Youtube.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a paperback from Amazon and better bookstores. Anyone who has to deal with issues related to child custody, child access or parenting after separation should rely on both of them for give easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns. The book also covers all the other related family law issues, such as child support, spousal support, property division and restraining orders. To get your copy of the book, click on the picture of the book above and to the left.
Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on family law, divorce and separation issues. Please feel free to share this podcast with your social network using the sharing buttons below. The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law, practicing in Toronto.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
The research is clear that parental separation or divorce does not harm children, it is the conflict between parents, even at mild levels, that have serious long-lasting negative impacts on children. While there are many things parents can do to protect their children in these situations, one of the most important, if not the most important, is to work out post-separation parenting issues without a big fight. Family Court, as part of its adversarial system of justice, most often requires some form of conflict over children’s issues. However, there are many alternatives to Family Court for parents who want to work out custody/access issues with less conflict and with more control over the results. While judges always decide custody/access cases in the best interests of the children, what a judge thinks is in a child’s best interests can be different from what the child’s parents think.
In this edition of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains the options for working out custody/access issues without resort to the Courts. He describes parenting mediation, parenting coordination, family law arbitration, custody/access assessments, the Office of the Children’s Lawyer and how each of these options works and when each of them can be best. This podcast also describes how parents can have greater control over the parenting plan after separation by using these other methods.
All separated parents, who do not have a parenting plan or agreement over custody/access issues must listen to this podcast to find out not only how to get the best results and protection for their kids, but also how to get the parenting arrangements that work best for them.
For more information about mediation, check out this page, with a video on what happens at family and parenting mediation.
Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on family law, divorce and separation issues. Please feel free to share this podcast with your social network using the sharing buttons below. The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law, practicing in Toronto.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
In Ontario Family Law, financial disclosure is both the starting point and the cornerstone of the separation or divorce process whenever there is money involved. It can often also be a bone of contention between spouses in itself, with one spouse feeling that he or she is being abused by massive disclosure requests and the other spouse being angry and suspicious that his or her ex is avoding disclosure to hide money.
In this edition of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains what disclosure is necessary in family law cases, when spouses have to provide it and what happens when one spouse is not satisfied with the disclosure provided. He goes over the disclosure process in Family Court, Mediation, Arbitration and Collaborative Practice and goes over the privacy concerns that disclosure can create in Family Court. This podcast also describes the serious consequences that can arise for a party who refuses to provide financial disclosure.
Find our about your disclosure obligations in your family law case, as well as how to deal with disclosure problems by listening to this edition of the podcast.
The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law and Divorce Trial Lawyer, mediator, arbitrator and collaborative lawyer, practicing in Toronto at Devry Smith Frank LLP, which is a full service law firm with several excellent lawyers in family law.
Thousands of people tune into the Ontario Family Law Podcast every month to get valuable pointers on family law, marriage, divorce and separation issues that can save them thousands of dollars. It is also available on iTunes. The Ontario Family Law Podcast is a companion to this easy-to-understand book on the Basics of Ontario Family Law, which is also available for immediate download as a $9.99 ebook from Amazon (Canada) and Kobo or as and iBook for iPad, iPhone or Mac. For a more comprehensive explanation of family law issues, a guide to Ontario’s Family Courts and all the alternatives to court such as mediation, arbitration and collaborative practice, download a copy, order a paper copy from Amazon, or request it at your favourite bookstore or library.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Family law can cause consequences to relationships that couples may not have contemplated. Marriage contracts (which are called prenuptial agreements in some US states) and cohabitation agreements can prevent common family law problems and are much more common than many people would suspect. These agreements can take people out of the usual procedures for addressing legal issues during and after a marriage and avoid a lot of the controversial issues that cause fights and even long battles after separation. But to have such an agreement hold up, and protect you and your family and also avoid difficult litigation in the event of a separation. You have to follow the law that governs making marriage contracts and cohabitation agreements.
People who work out a marriage contract before the wedding have given what marriage means more serious thought and go into the relationship and obligations knowing what they are getting into. Because they have done that, the foundation of the marriage is stronger and separation and using the marriage contract is less likely. Marriage contracts or cohabitation agreements have saved many relationships by addressing and removing issues that have caused the couple stress.
This podcast is essential listening for anyone getting married or considering moving in with someone.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a a paperback from Amazon and better bookstores. Anyone who has to deal with issues related to child custody, child access or parenting after separation should rely on both of them for give easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns. The book also covers all the other related family law issues, such as child support, spousal support, property division and restraining orders. To get your copy of the book, click on the picture of the book above and to the left.
The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law, practicing in Toronto.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Things in life change. That is expected. People’s incomes go up and down. When that happens, child support changes and spousal support may change. That is important to make sure that the support payer is providing the right amount of support and that children share in the lifestyle of their parents. Sometimes, it is necessary to change support to avoid financial hardship for either the support payer or the recipient.
However, there are set procedures to change support. It is important to follow them because, in Ontario, support is enforced by the Family Responsibility Office. Other provinces and some other jurisdictions have similar government agencies. If the parties do not change support properly, the FRO or other agency may enforce the wrong amount of support. It may collect too little or too much. In addition, at one parties’ request, it may make the adjustment retroactive and cause serious financial hardship for one side. All because the parties did not change support properly.
This edition of the Ontario Family Law Podcast explains how changing support is easier and simpler than setting support in the first case - in some cases much easier. It describes the steps to follow to change support both by agreement and when the parties have a dispute about the amount of support. Listen to this podcast to find out how to change support properly and avoid problems.
The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law and Divorce Trial Lawyer, mediator, arbitrator and collaborative lawyer, practicing in Toronto at Devry Smith Frank LLP, which is a full service law firm with several excellent lawyers in family law.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Many separating or divorcing couples are choosing to go to family mediation, rather than family court to resolve the legal issues between them. They do this because family mediation is usually, faster, much less expensive, less emotionally draining and results in much more tailored resolutions that family court. Some people incorrectly believe that they can avoid seeing a lawyer by choosing mediation. Ontario Law says that is not the case. In addition, there are many good reasons to get help from a lawyer before, during and after mediation. This is not just a pitch by lawyers to keep business. To show why having getting help from a lawyer during mediation is helpful, even essential, we invited Accredited Family Mediator, Todd Slonim, to the podcast to explain.
Mr. Slonim, who is a professional and accredited family mediator conducts mediations both at the Toronto Family Court Mediation Service and privately, explains how parties who have assistance of lawyers find that the mediation goes more smoothly, has better and more creative resolution, and results in a more lasting agreement. When the parties get help from good family lawyers, they get better results more quickly and at lower cost. Mr. Slonim explains why that is the case and some of the problems that arise when parties do not have lawyers assist them with preparing for mediation and understanding the mediation process. From the perspective of a family mediator, Mr. Slonim describes how the involvement of family lawyers, early on, significantly helps the mediation process and leads to better results for the separating or divorcing couples. Especially in mediations over financial matters, one or both parties not having a lawyer can actually impede the mediation process. But, in every mediation, lawyers facilitate and expedite the process by ensuring the parties stay focussed on reasonable outcomes.
To assist with understanding the content of this podcast, Mr. Slonim, prepared slides that highlight the points he makes. Those slides show up on your screen.
Mediation is an excellent process. But it can lead to poor results when the parties do not know what they are doing. Listen to this edition of the podcast to hear why seeing a family lawyer is essential for getting the best possible results from the family mediation process.
The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law and Divorce Trial Lawyer, mediator, arbitrator and collaborative lawyer, practicing in Toronto at Devry Smith Frank LLP, which is a full service law firm with several excellent lawyers in family law.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Spousal support is an issue after the separation of many married and common law couples. It is a complicated area of law that is often misunderstood by people who are not family law lawyers. As a result, it is an area where separating spouses can make some very expensive mistakes. One of the biggest possible mistakes to make is the assumption that a spouse is entitled to spousal support. People look at on-line support calculators and assume that if that calculation shows spousal support owing that there must be support owing. That is absolutely a mistake. The Guidelines on which those calculations on based state that you should not even look at those calculations until it is clear that there is entitlement to spousal support.
Entitlement to spousal support is harder to achieve that many people assume. The Family Law Statutes set out specific tests and circumstances when spousal support is payable, which if not met, means no spousal support. Entitlement can be established on the basis of contractual obligations, compensatory support or non-compensatory support. Where entitlement is established, the same considerations affect how much spousal support is paid and for how long. It is not always correct to assume the midpoint for quantum and duration of spousal support. Considering all these factors correctly can put a lot more money into the pocket of a separating spouse. This edition of the Ontario Family Podcast gives an overview of entitlement to spousal support and all these factors. Separating spouses should list to this podcast to make sure that they do not shortchange themselves.
Thousands of people tune into the Ontario Family Law Podcast every month to get valuable pointers on family law, divorce and separation issues that can save them thousands of dollars. It is also available on iTunes. The Ontario Family Law Podcast is a companion to this easy-to-understand book on the Basics of Ontario Family Law, which is also available for immediate download as a $9.99 ebook from Amazon (Canada) and Kobo or as and iBook for iPad, iPhone or Mac. For a more comprehensive explanation of family law issues, and a guide to Ontario’s Family Courts, download a copy, order a copy from Amazon, or request it at your favourite bookstore.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
One of the most frequent mistakes people make about Ontario Family Law is thinking that becoming common law is exactly the same as being married. However, as discussed in previous episodes of this podcast, that is just simply not the case. Being common law is very different from being married. One of the biggest ways that it is different is with respect to property division. If you are common law do NOT assume everything is divided 50/50. Sometimes, property division between common law couples can seem like the Wild West. In some ways, it is. This podcast gives an in-depth, comprehensive, explanation of how common law couples can divide their property when the relationship ends, and how they do not. It also explains other Family Law remedies that can help out when the property division is unfair.
This episode of the podcast is, in part, a live recording of a seminar on the topic of mistakes that common law couples make when separating. Their are slides that assist with the understanding of some of these complex topics. The “slides” will appear on your screen while you listen.
Being common law, instead of married, can make property division much more complicated on separation. One partner may have no entitlement in law to share in anything that the couple accumulated during their relationship. But, the partner who just “walks away” may be giving up too much. If you have, or are about to, separate from your common law spouse, listen to this podcast and then speak to a family law lawyer to determine your rights and obligations in your particular circumstances.
For more information about what it means to be “common law” in Ontario, check out episode #20 of this podcast: “What Living Common Law Means (and What It Doesn’t.”
Thousands of people tune into the Ontario Family Law Podcast every month to get valuable pointers on family law, divorce and separation issues. It is also available on iTunes. The Ontario Family Law Podcast is a companion to this easy-to-understand book on the Basics of Ontario Family Law, which is also available as a $9.99 ebook from Amazon (Canada) and Kobo or as and iBook for iPad, iPhone or Mac For a more comprehensive explanation to family law issues, and a guide to Ontario’s Family Courts, download a copy immediately, or order a copy from Amazon, or request it at your favourite bookstore.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
It can be terrifying to be contacted by a children's aid society because it is doing a child abuse or child neglect investigation regarding your kids - and for good reason. Children’s aid societies can take your children away and put them in foster care and then take you to family court to get an order that allows another family to adopt your kids so that you never see them again. Further, it is very easy to give the children’s aid society the wrong impression - making the children protection worker believe you are a child abuser. Many parents do that unintentionally because they do the wrong things, thinking that interacting with a children’s aid society is like interacting with other government agencies.
In addition, if you say the wrong things to a child protection worker, the police can show up and lay criminal charges.
This podcast goes over some of the essentials of what you need to know when you find out you are being investigated by a children's aid society. It goes over:
(a) how to speak to the investigating worker;
(b) whether to let your children speak to the investigator;
(c) when you have the right to remain silent;
(d) how you should answer questions;
(e) what to sign and what not to sign; and
(f) when you need to speak to a lawyer.
Listening to this podcast can help you do the best for your children by keeping your family together.
Thousands of people tune into the Ontario Family Law Podcast every month to get valuable pointers on interacting with children’s aid societies, child protection court and family court issues and procedures, and other tips on protecting your children in court. It is also available on iTunes. The Ontario Family Law Podcast is a companion to this easy-to-understand book on the Basics of Ontario Family Law, which is also available for as a $9.99 ebook from Amazon (Canada) and Kobo or as and iBook for iPad, iPhone or Mac For a more comprehensive explanation to family law issues, and a guide to Ontario’s Family Courts, download a copy immediately, or order a copy from Amazon, or request it at your favourite bookstore.
The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law and Divorce Trial Lawyer, mediator, arbitrator and collaborative lawyer, practicing in Toronto at Devry Smith Frank LLP, which is a full service law firm with several excellent lawyers in family law.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Domestic violence is a frequent topic in family law matters because that violence can be the cause, or the result, of a breakdown in a relationship. When it occurs, it can profoundly affect all the members of the family – all the adults and the children.
This edition of the podcast focuses on the critical things that people who have violence in their relationship must know. It discusses:
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getting help
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the response by authorities - both police and children’s aid societies
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restraining orders
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family mediation where there is domestic violence, and
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how to get help from a family lawyer, even if your partner is controlling all the money.
This episode will be of great assistance to people in violent relationships and it will complement the information available from shelters, domestic abuse counsellors, therapists, distress lines, the police, and other agencies that are available to assist people in fleeing domestic violence to protect themselves and their children.
Thousands of people tune into the Ontario Family Law Podcast every month to get valuable pointers on family law, divorce and separation issues. It is also available on iTunes. The Ontario Family Law Podcast is a companion to this easy-to-understand book on the Basics of Ontario Family Law, which is also available as a $9.99 ebook from Amazon (Canada) and Kobo or as and iBook for iPad, iPhone or Mac For a more comprehensive explanation to family law issues, and a guide to Ontario’s Family Courts, download a copy immediately, or order a copy from Amazon, or request it at your favourite bookstore.
The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law and Divorce Trial Lawyer, mediator, arbitrator and collaborative lawyer, practicing in Toronto at Devry Smith Frank LLP, which is a full service law firm with several excellent lawyers in family law.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
In family law, it is common that a marriage or common-law relationship breaks down shortly after the couple comes to Canada. When that happens, the family law issues may be difficult, but not as difficult as the immigration law issues that arise. When a recently immigrated couple breaks up in Canada, one or both of them may deported, or the spouse who was already in Canada may have to pay tens of thousands, if not hundreds of thousands of dollars to support the other spouse – and that is before there is any discussion of spousal support or child support.
This edition of the podcast features noted immigration lawyer and head of the immigration law group at Devry Smith Frank, Asher Frankel. He explains the immigration law consequences of relationship break down. Specifically, he looks at the effect of the separation on the Sponsorship Undertaking and on Conditional Permanent Residence status. As part of this presentation, Asher explains what the definition of “common-law relationship” is under Canadian Immigration Law, and what significance it has for people who are immigrating to Canada. Asher as prepared slides, which will show up on your screen.
Thousands of people tune into the Ontario Family Law Podcast every month to get valuable pointers on family law, divorce and separation issues. It is also available on iTunes. The Ontario Family Law Podcast is a companion to this easy-to-understand book on the Basics of Ontario Family Law, which is also available as a $9.99 ebook fromAmazon (Canada) and Kobo or as and iBook for iPad, iPhone or Mac For a more comprehensive explanation to family law issues, and a guide to Ontario’s Family Courts, order a copy from Amazon, or request it at your favourite bookstore.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Police officers, paramedics and firefighters and other emergency first responders help people every day. They go into difficult situations when others are running away. They work in difficult situations, at difficult hours, and the work often has lasting effects on them. All of this creates unique issues that first responders must address if they separate or divorce (an event that, unfortunately, can be the product of a first responder’s job). As a special support to first responders, this podcast will give some guidance to first responders on the unique issues they face in Ontario family law.
This podcast looks at the special issues that first responder face in the family law matters of child custody and access, parenting plans, child and spousal support, dividing pensions as part of property equalization, the impact of disability payments, and special considerations for first responders in separation and divorce.
This podcast has been designed as a special support for police offers, firefighters, paramedics and other first responders going through the difficult times that accompany family law matters. John would like them to know #ivegotyourback911.
For more help on most other family law issues, including a description of important topics such as child custody, child support, spousal support (alimony), property division, restraining orders, the family court process and all of the alternatives to going to family court, pick up a copy of this easy-to-understand book on Ontario Family Law either as a paperback or as $9.99 ebook from Kindle, or Kobo, or as an iBook for your iPad, iPhone or Mac.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
The vast majority of separated couples do not have a judge or arbitrator to decide how they are going to live the rest of their lives. The vast majority of people come to an agreement to settle their matters after the end of their marriage or a common-law relationship. In that way, they ensure that they live their lives after separation as they want to. People are almost always much happier when they resolve matters by way of a separation agreement instead of a final order imposed by a judge.
However, if a separated couple wants certainty and finality in their agreement, there are rules they have to follow. Ontario Law allows separations agreements to be thrown out if they are not properly written or negotiated. This podcast goes over those rules.
Separation agreements are often the best way to bring finality the relationship with a former spouse or partner. However, to ensure that the agreement is final, and brings the parties the finality that they want and need, they need to follow the steps and rules set out in this podcast.
Thousands of people tune into the Ontario Family Law Podcast every month to get valuable pointers on family law, divorce and separation issues. The Ontario Family Law Podcast is a companion to this easy-to-understand book on the Basics of Ontario Family Law, which is also available as a Kobo ebook or iBook for iPad, iPhone or Mac For a more comprehensive explanation to family law issues, and a guide to Ontario’s Family Courts, order a copy from Amazon, or request it at your favourite bookstore.
The host of the Ontario Family Law Podcast, John Schuman, is a top Family Law and Divorce Lawyer, practicing in Toronto at Devry Smith Frank LLP, which is a full service law firm with several excellent lawyers in family law.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
People hear over and over again that they need a will. However, very few people understand the problems and unfortunate circumstances that are caused by dying intestate. If they did, they would see an estates lawyer immediately. Very few people want their wealth to pass on to the taxman or estranged relatives instead of loved-ones.
This podcast gives an easy-to-understand explanation of why you need a last will and testament. However, rather than simply discussing principles of estates law, it has a dramatic presentation that illustrates some common problems created by dying without a will. It illustrates how people unwittingly give away their wealth to undesirable relatives, shady creditors, and the taxman, while taking money, and maybe even cherished assets, away from beloved spouses and deserving children.
Having a will is important. This podcast is essential listing for procrastinators – and people who are recently married or divorced as their wills are now void. Planning your affairs is often simple and not expensive - as the lawyers do the complicated part for you. Listen to hear what you need to know about last wills and testaments.
The host of the Ontario Family Law Podcast, John Schuman, is a top Family Law and Divorce Lawyer, practicing in Toronto at Devry Smith Frank LLP, which is a full service law firm with excellent lawyers in both family law and personal injury law.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
This is a special children's rights edition of the Ontario Family Law Podcast. Rather than focusing on family law issues, this edition looks at the rights that children, especially children have in Ontario's schools - both public and private. It explains the school's duty to accommodate a child's disabilities, and explains the limits on those accommodations. It also goes over various court and tribunal decisions that explain how those Humans Rights Law works would put into practice in education matters.
Parents of children with special needs often struggle to get those students the help they need in school. However, knowing the child's rights in the education system can be of great assistance to parents. Schools are often more willing to provide assistance to a child when the child or the parents know what duties the school has to that child. This podcast will be of great help to children with special needs and their parents, in getting assistance at school.
The host of the Ontario Family Law Podcast, John Schuman, is a top Education Law and Family Law, practicing in Toronto at Devry Smith Frank LLP, which is a full service law firm with excellent lawyers in both family law andeducation law. John’s guest on this edition of the podcast is human rights lawyer, Marty Rabinovitch. If you would like to contact either John or Marty, call 416-446-5869, or email us, or fill out form below and click “send.” We respond quickly to assist children by defending their rights.
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Personal Injury Law is not Family Law. But Family Law can have a huge impact on the money that an injured person receives from a settlement. Without careful planning and consideration, an injured person could lose half the settlement or more to their spouse - despite the provisions in the law that re supposed to protect those settlements so that an injured person has the money that he or she requires to meet basic needs.
This podcast focuses on the victims of personal injury and the financial aspects of family law - because a disability alone should not affect child custody or access. (If you want to know what is important in child custody and access cases, listen to this edition of the Ontario Family Law Podcast). This “Person Injury and Family Law” episode explains some of the common mistakes that injured people make that can cause them to loose their settlement funds if their marriage breaks down. Certified Specialist in Family Law, John Schuman, also provides some good legal advice about how to protect settlement funds to meet the needs of the injured spouse.
If you are the victim of a personal injury, a personal injury lawyer, a support person case manager, or health care provided, this podcast provides indispensable information about protecting money intended to cover personal care and meet important needs.
The host of the Ontario Family Law Podcast, John Schuman, is a top Family Law and Divorce Lawyer, practicing in Toronto at Devry Smith Frank LLP, which is a full service law firm with excellent lawyers in both family law and personal injury law.
Thousands of people tune into the Ontario Family Law Podcast every month to get valuable pointers on family law, divorce and separation issues. For the more comprehensive information about family law issues, pick up a copy of this Guide to the Basics of Ontario Family Law, which is available as an e-book for Amazon Kindle or Kobo, and as an iBook for iPad, iPhone and Mac, or as a paperback from Amazon and other fine book sellers. The Guide is an easy-to-understand explanation of the basics of all aspects of Ontario Family Law, from a description of Family Court and the other ways to resolve family law matters, to a description of the most important family law topics, to tips on how to avoid common mistakes and succeed after separation.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
In this, the twentieth, episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, and top divorce lawyer, host John Schuman discusses common law relationships.
Common law relationships are not at all the same as being married. There are very important differences with regard to property rights and spousal support rights. Common law couples are often entitled to a lot less than they think and, in this episode, John explains all those differences. He also explains many of the other important laws that apply to common relationships including:
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the rights of parents in common relationships
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child support where the parents are not married
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the lack of protection for common law partners in relation to the family home
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restraining orders against a common law partner
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the rights to make medical decisions for a common partner
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inheritance rights for common law partners
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the definition of "common law" for tax purposes,
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how common law partners' rights can be modified with a cohabitation agreement and
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several other issues.
If you are living common law, you really should find out what that does and does not mean. Knowing how the law applies to your relationship may affect many of your decisions, including, perhaps, whether you stay in this relationship. Common partners can avoid getting themselves into serious trouble by listening to this podcast.
For more information on common law relationships, check out this page and this blog on parenting rights, this blog on rights to a family home or this blog on property rights. You can also watch this video. But, for the most comprehensive information about family law issues, aside from speaking to a top family law lawyer, pick up a copy of this Guide to the Basics of Ontario Family Law, which is available as an e-book for Amazon Kindle or Kobo, and as an iBook for iPad, iPhone and Mac, or as a paperback from Amazon and other fine book sellers. The Guide is an easy-to-understand explanation of the basics of all aspects of Ontario Family Law, from a description of Family Court and the other ways to resolve family law matters, to a description of the most important family law topics, to tips on how to avoid common mistakes and succeed after separation.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
One of the most difficult circumstances in Family Law is when a child refuses to see one parent. The parent who is not seeing the child feels hurt, angry, and excluded from the child's life. The other parent feels blamed, cornered and under attack. In these difficult situations it is very important to do the right things. Doing the wrong thing can really hurt the children. It can also get you into some serious trouble in Family Court. Unfortunately, what many parents to instinctively in these situations is often the worst choice.
In this podcast, Certified Specialist in Family Law, John Schuman, explains the situation from both parents perspective - the perspective of the parent with the kids, and the parent who is not seeing them. He then explains what Family Court Judges expect each parent to do in these circumstances and the best strategy for each parent to adopt. Those strategies not only protect the kids in a difficult situation in divorce, but also keep the parents on the right side of the Family Law Judges so they do not lose everything, including the kids, in Family Court.
This podcast is a recording of a lecture that Certified Specialist in Family Law, top Toronto Divorce Lawyer, John Schuman, gave to legal professionals on how to hear the voice of the child. That lecture also featured slides, which provided additional information, including the citations for may of the authorities mentioned in this podcast. Those slides will appear on screen.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as an e-book for Amazon Kindle or Kobo, and as an iBook for iPad, iPhone and Mac, or as a paperback from Amazon and other fine book sellers. Anyone who has to deal with issues related to child custody, child access or parenting after separation should rely on them for give easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns. It gives specific tips about how to deal with difficult situations in separation and divorce, and also explains how to get into, and keep out of, trouble in family court. The book also covers all the other related family law issues, such as child support, spousal support (or alimony), division of property, the Family Court Process and the alternatives to family court, that may really benefit your kids. To get your copy of the click on the picture of it to the left.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
One of the hottest topics in Family Law and Divorce Law is how to hear what the children want. Ontario Family Law says that children must be heard in proceedings that affect them. This episode of the Family Law Podcast was recorded live at lecture that John Schuman gave to a group of legal professionals on how to give children a voice in child custody and access proceedings. John goes over the latest research on whether children should be heard in those cases, and if, so what role they should play. He then, discusses in detail, the various ways that a judge, family arbitrator or mediator can hear from the child. This podcast also gives the legal authority for each of those methods for hearing the child’s views and preferences and discussed the advantages and disadvantages of each. It explains when putting a child’s voice before a court is a good idea, and when it may get a parent into trouble.
This special edition of the podcast is a rare, complete, discussion of hearing children in custody/access and divorce cases. It provides indispensable information and advice for anyone who thinks that a child should be heard in those proceedings.
This podcast is a recording of a lecture that John Schuman gave to legal professionals on how to hear the voice of the child. That lecture also featured slides, which provided additional information, including the citations for may of the authorities mentioned in this podcast. Those slides will appear on screen.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as an e-book for Amazon Kindle or Kobo, and as an iBook for iPad, iPhone and Mac, or as a paperback for $25.00 (or less) from Amazon and other fine book sellers. Anyone who has to deal with issues related to child custody, child access or parenting after separation should rely on them for give easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns. It even has a special section on hearing from children in custody and access cases. The book also covers all the other related family law issues, such as child support, spousal support, property division and restraining orders. To get your copy of the click on the picture of it to the left.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
This episode of the Family Law Podcast was recorded live at lecture that John Schuman gave to a group of legal professionals on the topic of the different parenting options after separation and how judges decide between them. This edition explains the real legal difference between sole custody and joint custody. It also explains what is meant by the terms "shared custody", "split custody" and "parallel parenting." With all these options, it is important to know which is best for the children. John goes over the factors that Family Court Judges think are important in custody cases and how each of those factors influence the court in favour of one form of parenting or another after separation.
Anyone who is involved in a child custody case will find this edition of the podcast indispensable not only in understanding how the law applies to them, but also to help them make plans for protecting what is in their children’s best interest.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as an e-book for Amazon Kindle or Kobo, and as an iBook for iPad, iPhone and Mac, or as a paperback from Amazon and other fine book sellers. Anyone who has to deal with issues related to child custody, child access or parenting after separation should rely on both of them for give easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns. The book also covers all the other related family law issues, such as child support, spousal support, property division and restraining orders. To get your copy of the book, click on the picture of the book above and to the left.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
This episode of the Family Law Podcast is the third in a series that goes over the Ontario Family Court Process step by step. In this episode, Certified Specialist in Family Law, and top divorce lawyer, John Schuman, goes over the conduct of trials in family court. He explains trials step by step from trial preparation, to opening statements, through how witnesses give evidence and the parties making objections to evidence and then to closing statements. There are a lot of rules for conducting trials and John goes over the most important ones.
Conducting a Family Law Trial requires a lot of skill and knowldge. Many people get into trouble at court for not doing things the right way. Losing a trial can have very serious consequences. This podcast gives some pointers on what to expect at trial and gives some tips about how to present a case a trial. It will be extremely helpful to anyone who is about to embark on a trial in Family Court.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as an e-book for Amazon Kindle or Kobo, and as an iBook for iPad, iPhone and Mac, or as a paperback from Amazon and other fine book sellers. The Guide is an easy-to-understand explanation of the basics of all aspects of Ontario Family Law, from a description of Family Court and the other ways to resolve family law matters, to a description of the most important family law topics, to tips on how to avoid common mistakes and succeed after separation.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
This episode of the Family Law Podcast is the second in a series that goes over the Ontario Family Court Process step by step. In this episode, John goes over all the steps after filing the initial court documents (pleadings) up to the last step before trial. There are several mandatory steps in family court proceedings starting with the Mandatory Information Session and ending with the Trial Management Conference. If the parties cannot settle, the husband and wife will go through all the mandatory steps and possibly the option ones too. John explains what case conferences are, what happens at case conferences, who talks, and what the judge is likely to do. He provides similar explanations for court settlement conferences and trial management conferences.
There are steps that are "optional" in family court proceedings, although one party can be forced to participate if the other party wants them. These steps are motions and questioning. John explains both and lets separating couples know what to expect at each of these steps. He sets out how all the matters the parties need to address will be handled by the court up to the trial.
The way Family Court works is a lot different than most people expect. Many people get into trouble at court for not doing things the right way. This podcast helps to understand how the family court process works and the very basics of what each party needs to do. This podcast will be extremely helpful to anyone headed to family court.
Note: This podcast does not discuss the procedure for changing a final court order that has already been made. If you need to change a final order, watch this video.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as an e-book for Amazon Kindle or Kobo, and as an iBook for iPad, iPhone and Mac, or as a paperback from Amazon and other fine book sellers. The Guide is an easy-to-understand explanation of the basics of all aspects of Ontario Family Law, from a description of Family Court and the other ways to resolve family law matters, to a description of the most important family law topics, to tips on how to avoid common mistakes and succeed after separation.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
This is episode of the Family Law Podcast is the first of a series that goes over the Ontario Family Court Process step by step. In this episode, John goes over how to start, or respond to a family court proceeding. This is more complicated that it may first seem. You have to make sure you in the right court and then you have to file, and serve, all of the right documents. John goes over how to do all of that. He also discusses the rules for serving family court documents. If you are responding to a family court proceeding, this podcast covers that too.
The way Family Court works is a lot different than most people expect. Many people get into trouble at court for not doing things the right way. This podcast helps to understand how the family court process works and the very basics of what each party needs to do. This podcast will be extremely helpful to anyone headed to family court.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 e-book for Amazon Kindle or Kobo, and as an iBook for iPad, iPhone and Mac, or as a paperback from Amazon and other fine book sellers. The Guide is an easy-to-understand explanation of the basics of all aspects of Ontario Family Law, from a description of Family Court and the other ways to resolve family law matters, to a description of the most important family law topics, to tips on how to avoid common mistakes and succeed after separation.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
This episode of the Family Law Podcast discusses the basics of Spousal Support in Ontario and in Canada. The starting point when talking about spousal support is entitlement. If a spouse is not entitled to spousal support, then there is no further discussion of how much or how long. This podcast explains how a spouse becomes entitled to support - both the legal barriers to spousal support and what a spouse must show to get spousal support. John then moves on to explain what factors determine how much spousal support should be paid and for how long. This includes a discussion of the application of the Spousal Support Advisory Guidelines. John then explains the different ways spousal support can be paid. This includes some consideration of the tax effects of spousal support.
Spousal support can be a contentious issue on the breakdown of a relationship. This important podcast lets you know whether spousal support is applicable to your case and what the right of amount of spousal support should be. As it is just over 10 minutes in length, everyone going through separation or divorce should take the time to listen to this podcast by a Certified Specialist in Family Law, Toronto Family Lawyer, John Schuman.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 eBook for Amazon Kindle and Kobo and as an iBook for iPad, iPhone and Mac or a paperback from Amazon and other fine book sellers. The Guide is an easy-to-understand explanation of the basics of all aspects of Ontario Family Law, from a description of Family Court and the other ways to resolve family law matters, to a description of the most important family law topics, to tips on how to avoid common mistakes and succeed after separation.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
Parents and even Grandparents can find themselves on the hook for child support in Canada. This is episode of the Ontario Family Law Podcast explains how that happens. The basic premise of child support is that it is paid by all parents to a child. But, a child can have more than two parents. When parents or step parents step into the role of parents, they may step into paying child support. This podcast explains how judges decide whether someone is now a parent to a child and should pay child support. John Schuman also discusses how much support a step parent may have to pay when the biological parent in the picture and when biological parent is gone.
If you are becoming close to someone else's children, or even your own grandchildren, you should listen to this podcast to findout whether you are putting yourself on the hook for child support.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 eBook for Amazon Kindle and Kobo and as an iBook for iPad, iPhone and Mac or a paperback from Amazon and other fine book sellers. The Guide is an easy-to-understand explanation of the basics of all aspects of Ontario Family Law, from a description of Family Court and the other ways to resolve family law matters, to a description of the most important family law topics, to tips on how to avoid common mistakes and succeed after separation.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
This episode of the Family Law Podcast is all about child support's special and extraordinary expenses. Parents share those expenses on top of base child support, so it is important for them to understand how this component of child support works. This podcast explains what special expenses are and what extraordinary expenses are. It also explains how parents calculate how much of these expenses they should share. After that, John Schuman discusses the definitions of special expenses and extraordinary expenses and how they are different. He then gives specific information on sharing the following types of expenses as they relate to child support:
a) medical expenses
b) child care expenses
c) post-secondary education expenses
d) extra-curricular activities
e) sports - from beginning lessons to the elite level
f) hockey
g) private school
All separated parents should listen to this podcast to make sure they are paying, or receiving the right amount for special and extraordinary expenses.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 eBook for Amazon Kindle and Kobo and as an iBook for iPad, iPhone and Mac or a paperback from Amazon and other fine book sellers. The Guide is an easy-to-understand explanation of the basics of all aspects of Ontario Family Law, from a description of Family Court and the other ways to resolve family law matters, to a description of the most important family law topics, to tips on how to avoid common mistakes and succeed after separation.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
This episode of the Family Law Podcast discusses the basics of Child Support in Ontario and in Canada. It starts with who pays, and then moves on to explain how much child support should be paid by going over the calculation. There is more than one component to child support. There is both base child support and contributions to special and extraordinary expenses. This podcast explains what each component is. Finally, the podcast discusses some of the special circumstances in child support, such as when the children divide their time equally between parents, when some children live with one parent and other children live the second parent, and what happens when there are more than two parents. Child support is an area where a lot of people get into trouble. This podcast is critical listening for anyone who is a parent to children, or who is about to become a parent either by birth or by moving with a new partner who has children.
Note: Since this podcast was recorded, there has been an important change in the way child support should be arranged with shared custody. Read this page for the update.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 eBook for Amazon Kindle and Kobo and as an iBook for iPad, iPhone and Mac or a paperback from Amazon and other fine book sellers. The Guide is an easy-to-understand explanation of the basics of all aspects of Ontario Family Law, from a description of Family Court and the other ways to resolve family law matters, to a description of the most important family law topics, to tips on how to avoid common mistakes and succeed after separation.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
This episode was a special live recording of a Valentines Day discussion of Family Law Issues. In light of the day, the topic of discussion was how your heart can get you into financial trouble under Ontario Family Law.
The discussion starts with a brief explanation of how property division works. It then moves on how property division works differently for matrimonial home and how that difference costs people money. The discussion then explores how a marriage contract or a family trust can avoid the problem.
The second way people can let their heart cost them money is by becoming a parent to step children. Step-Parents who are actively involved in parenting will have to pay child support for those children when the marriage breaks down -even if the biological parent is already paying support. this podcast covers h ow that happens, and how much support may have to be paid.
Of course, step-children will also have a right to continue to see any step-parent with whom they have a close relationship. In response to an audience members questions, there is a brief discussion of this topic as well.
This special Valentines Day edition of the podcast is essential listing for people who want to know what their heart can cost them.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 eBook for Amazon Kindle and Kobo and as an iBook for iPad, iPhone and Mac or a paperback for $20.00 (or less) from Amazon and other fine book sellers. The Guide is an easy-to-understand explanation of the basics of all aspects of Ontario Family Law, from a description of Family Court and the other ways to resolve family law matters, to a description of the most important family law topics, to tips on how to avoid common mistakes and succeed after separation.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
When married couples separate in Ontario, they don't just have to separate their lives. They have to separate their finances. One of the main reasons people see Ontario Divorce Lawyers is to help figure out how to divide up their assets and liabilities after they separate.
This is episode of the Family Law Podcast discusses how property is divided in Ontario after a marriage. Many people think that spouses own each other’s assets. They do not. Family lawyers know that separated married spouses only get to share in some of the value of each other’s assets in the “property equalization” process, which can be voluntary process. In addition, not all assets and debts are shared. Some are kept out of the calculation. This podcast tells you what is in and what is out. It also describes some common pitfalls where people unnecessarily lose lots of money to a spouse, and it gives tips on how to protect your assets. Everyone who is going through a separation should listen to this podcast to nkow their property rights, how to protect them. Even if you are not in family court, you need to know whether you are making a good deal.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 eBook for Amazon Kindle and Kobo and as an iBook for iPad, iPhone and Mac or a paperback for from Amazon and other fine book sellers. The Guide is an easy-to-understand explanation of the basics of all aspects of Ontario Family Law, from a description of Family Court and the other ways to resolve family law matters, to a description of the most important family law topics, to tips on how to avoid common mistakes and succeed after separation.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
This episode, hosted by John Schuman, the head of the Family Law Group at Devry Smith Frank LLP, discusses how spouse know they are separated and what steps they have to take first. It explores some of the initial issues that spouses, or unmarried partners, face at the end of their relationship. Those first decisions after separating can have a profound impact on the rest of the lives of each spouse - and the lives of their children. It can even affect how much money everyone will have at the end of it all.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
This episode is about the important issue of "custody of the children." What does that term really mean? The legal meaning is very different from what most people think. Is it important to have custody? What is the difference between sole custody and joint custody? When is sole or joint custody appropriate? This podcast answers all of these important questions. It then goes on to discuss how judge and arbitrators decide who will get "custody" of children. This podcast is essential listening for anyone in a separation or divorce, or thinking of separation, and who has children. It explains what is judges think is important in these cases and why it may be better to stay out of court. Listen and learn what rights your children have in a separation and divorce.
*** Note - as of March 1, 2020, the term “custody” has been abolished in Ontario Family Law. However, judges use similar principals to decide parenting responsibilities and parenting time.
To find out what role kids should play in the process of deciding where they should lie and who should make decisions about them, listen to this edition of the podcast. For additional information about children in divorce, including the best ways to protect them, read this webpage.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as an e-book for Amazon Kindle or Kobo, and as an iBook for iPad, iPhone and Mac, or as a paperback from Amazon and other fine book sellers. The Guide is an easy-to-understand explanation of the basics of all aspects of Ontario Family Law, from a description of Family Court and the other ways to resolve family law matters, to a description of the most important family law topics, to tips on how to avoid common mistakes and succeed after separation.
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This episode of the Ontario Family Law Podcast discusses how a self employed person’s income for support can be much different, usually higher, than what that person shows on their tax return. This is the case even when the self employed person is being entirely honest on his or her tax return. Self- employed people are taxed differently from people on salary, and so they are treated differently in relation to both spousal and child support. It is critical that when one or both separated spouse is self employed, both spouses understand the difference in how support is calculated. Support may be much too low or much too high if both sides do not understand how support calculations work.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as an e-book for Amazon Kindle or Kobo, and as an iBook for iPad, iPhone and Mac, or as a paperback for
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
John Schuman, the host of the Ontario Family Law Podcast, is a recognized expert in the area of getting the voice of children before the courts, mediators and arbitrators.
This “recorded live” episode is about children and how much say they should get in the separation and divorce process. More specifically, it looks at how big a role children should play in the decision about where they live and how much time they spend with each of their parents. This episode was recorded live at an intimate and interactive discussion of family law issues. It is essential listening for parents involved in a separation or divorce.
The podcast describes some important resources on the internet on this topic. Here are the web addresses:
Divorce Source Radio Interview on children in divorce: http://www.divorcesourceradio.com/the-voice-of-a-child-protecting-children-during-divorce/
Children's decisions in health care and divorce: http://www.devrylaw.ca/wp-content/uploads/2011/11/ConsenttoTreatmentandParenting.pdf
How to talk to children at different stages of development: http://www.devrylaw.ca/wp-content/uploads/2011/05/Developmentally-Appropriate-Questions-for-Child-Witnesses.pdf
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as an e-book for Amazon Kindle or Kobo, and as an iBook for iPad, iPhone and Mac, or as a paperback for $20.00 (or less) from Amazon and other fine book sellers. The Guide is an easy-to-understand explanation of the basics of all aspects of Ontario Family Law, from a description of Family Court and the other ways to resolve family law matters, to a description of the most important family law topics, to tips on how to avoid common mistakes and succeed after separation.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
This episode on the enforceability of Ontario marriage contracts (called “pre-nups” in the United States) was recorded live at intimate and interactive discussion of family law issues. This episode contains critical information for anyone who may need a marriage contract or cohabitation agreement: how to make that contract enforceable. It goes over the basic rules for making a marriage contract. John Schuman also describes some of the common reasons why judges refuse to enforce marriage contracts and cohabitation agreements. This episode should be mandatory listening for people considering a marriage contract or cohabitation agreement and people who know someone who should have such a contract.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as an e-book for Amazon Kindle or Kobo, and as an iBook for iPad, iPhone and Mac, or as a paperback from Amazon and other fine book sellers. The Guide is an easy-to-understand explanation of the basics of all aspects of Ontario Family Law, from a description of Family Court and the other ways to resolve family law matters, to a description of the most important family law topics, to tips on how to avoid common mistakes and succeed after separation.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message
This episode discusses divorce. What does it mean to be divorced? Who can get divorced? How do you get a divorce? What does a spouse have to prove to be divorced? Why might a judge refuse to grant a divorce? This podcast contains critical information for people who want to get divorced or remarry.
Being divorced is different from being separated. Also, while a divorce can include things like support, custody or property division. It does not have to do so. This podcast explains, in simple terms, what divorce means and what it means to be divorced.
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There was a time when getting divorced meant going to court. Going to court meant fighting it out. However, that fight did not work out well for many families. It almost never worked out well for the children. It certainly did not make any sense with "no fault divorces" that recognized that sometimes people just grew apart and divorce was not always the result of someone acting badly.
Now there are options for resolving issues after divorce. While a full out fight is sometimes necessary, it usually is not. There are alternatives, even when the separating spouses strongly disagree with each other. The options can keep tensions, emotions and legal fees down. They are better designed to resolving matters in a child friendly manner.
Negotiation, mediation, mediation-arbitration, arbitration and collaborative practice are all alternatives to court that usually have outcomes that makes separated spouses happier than a court fight. What are these choices? Which one is right for you? Listen and find out. This podcast provides critical information for separating spouses that can impact the rest of their lives. It should be mandatory listening for everyone going through a separation or divorce.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as an e-book for Amazon Kindle or Kobo, and as an iBook for iPad, iPhone and Mac, or as a paperback from Amazon and other fine book sellers. The Guide is an easy-to-understand explanation of the basics of all aspects of Ontario Family Law, from a description of Family Court and the other ways to resolve family law matters, to a description of the most important family law topics, to tips on how to avoid common mistakes and succeed after separation.
Send in a voice message: https://anchor.fm/ontario-family-law-podcas/message