When a judge “adjourns” a case, the judge is setting another future date for the parties to come before the judge again.
This is a sworn document that sets out a person’s first-hand knowledge of matters involved in a case. The person making the affidavit (called the affiant) must swear to the truth of the contents of the document before a commissioner of oaths or a notary.
The respondent’s document which “answers” the applicant’s application and allows the respondent to ask the court for their own claims.
The person who starts a family law case by serving and filing an Application – Form 8 in the family court.
A person starts a family law case by filling out Form 8 – Application, filing the application with the court and serving it on the other party. There are different types of Applications and you must ensure that you have the correct Form 8 for your application.
If a judge makes an error of law or fact on a decision, another “higher” court will hear an appeal of the decision. Note that an appeal will not be heard simply because you do not like the judge’s decision. There must be an error of law or fact.
Best Interests of the Child:
The judges use a test called the “Best Interests of the Child” test to decide custody, access and guardianship. The test can be found in section 24 of the Children’s Law Reform Act. The judge must consider all of the child’s needs and circumstances to decide the child’s best interests, including the parent’s ability to provide for the child.
Child support is the amount of money that one parent pays to the other parent for the financial support of the child(ren). The money is paid to the parent who has the children living with the parent most of the time. The amount of money paid to this parent is determined by the Child Support Guidelines.
Child Support Guidelines (Ontario):
The Child Support Guidelines are used to calculate child support for children. The amount of child support is determined by a payor’s income and the number of children in the family.
Children’s Law Reform Act:
The Children’s Law Reform Act is provincial legislation that deals with the establishment of parentage, custody and access, and guardianship.
A parent who has custody of a child has the rights and responsibilities to make decisions about the children, which are in the best interests of the children. There are different types of custody, including joint custody and sole custody. This is now referred to as “decision-making” instead of “custody”.
Evidence in a family law case involves documents and witnesses. Examples of some documents that may be included as evidence include bank account records, report cards, real estate records, and medical reports.
Family Law Information Centres (FLICs):
You will find a FLIC in courthouses in Ontario. The people in the FLIC office will help you with information about family law and resources available in the community. They will also be able to provide information and referrals about mediation. The FLIC service is free.
Family Law Rules:
The Family Law Rules are a set of rules that govern the practice of family law in Ontario. All cases in Ontario are expected to follow the Family Law Rules.
Forms are the documents that you use to start a family case or respond to a family case. The government has provided specific forms for people to use at different stages in their family case. For example, you would use Form 8 to start your family law case.
This is a process in which the parties meet with a neutral third party who will assist them in trying to reach a settlement of the issues arising from their separation. The mediator does not make decisions for the parties, nor does he/she provide legal advice, but the mediator can make suggestions and assist the parties in working towards a resolution.
A motion is a court proceeding before a judge. It is usually held to decide an issue or a number of issues that requires that the court hears evidence. In most cases, before a court will schedule a motion before a judge, the parties will have to have a case conference.
A settlement conference is a meeting between a judge, the parties, and the party’s lawyers to try to settle outstanding issues. Many times, the judge will make an order about an issue at a settlement conference based on consent agreements between the two parties.
Spousal support is money paid by one party to their former spouse. It is paid by the party with the higher income to the party who has less or no income.
Now referred to as supervised parenting time, this is an arrangement made for parenting time when it is inappropriate for that parent to be alone with the child. Supervision can be offered in a formal setting (i.e. at a supervised access centre) or done informally by a family member or mutually agreeable third party.
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