January 22, 2021
Family Law: Access Parent
Can you let your child choose not to see their access parent?
When a client is going through a separation, this is a question that I am often asked. Under most circumstances, the answer is always no, unless there are safety, well-being concerns, a parent is not permitted to acquiesce to a child’s refusal to see the other parent. Instead, the custodial parent has an affirmative obligation to encourage, facilitate a relationship with the other parent.
What if the child will not go?
The law requires the custodial parent to take all reasonable steps including but not limited to providing guidance, incentives and consequences. Children often do not want to do things their parents ask them to do like going to school, chores and visiting family. However, parents often set out consequences for their refusals to listen like grounding them, taking away the playstation, not being able to do a favourite activity etc. This is no different in the context of a child’s refusal to see the other parent.
I have often heard client’s incorrectly say that the child can make their own decisions at 12 years of age. This is very far from the truth. A child may withdraw from their parent’s control and care at 16 years of age. This assumes then that the child will be under the parent’s control and care until at least the age of 16. This also means a court could compel a custodial parent to facilitate, encourage a relationship with the access parent in the case of a child who is older than 16 and has not withdrawn from parental control. This forces parents to consider whether it is in the child’s best interests, in addition to whether it is cost-effective, to bring a motion or application to compel the custodial parent to facilitate, encourage a relationship with the access parent when the child nears 16 years of age.
Sometimes proceeding to court in the face of a child and parent who refuse to promote, facilitate a relationship with the access parent might cause the child to dig his/her heels in even more. It may cause current feelings towards the other parent to worsen. Sometimes it may be best to let the child come around on their own.
It is important for parents/children to understand that withdrawing from a parent’s control may have financial consequences for the child’s right to support. Speak to a family law lawyer before taking such a step.
For assistance with a family law matter, contact Ammar Hussein of Rimawi law at 613-779-1347
or ammar@rimawilaw.com
What Is Spousal Support?
Divorce can be one of the most challenging experiences a person faces, both emotionally and financially. While it's natural to focus on the personal aspects of a separation, taking steps to prepare financially can help protect your interests and provide greater stability during the transition. In Ontario, the financial consequences of divorce often involve the division of property, support obligations, and long-term financial planning. Understanding what to expect and preparing early can make a significant difference in the outcome of your case. 1. Gather and Organize Financial Documents One of the most important first steps is collecting all relevant financial records. Under Ontario family law, both spouses are required to provide full and honest financial disclosure. Having your documents organized will help streamline the process and reduce delays. Important documents include: Income tax returns and Notices of Assessment for the past three years Recent pay stubs and employment records Bank account statements Credit card statements Mortgage and loan documents Investment and retirement account statements Property deeds and appraisals Business records, if applicable Insurance policies Creating digital copies and storing them securely can help ensure you have access to important information when needed. 2. Understand Your Assets and Debts Many people are unaware of the full scope of their family's financial situation until divorce proceedings begin. Take time to create a detailed list of all assets and liabilities, including: The matrimonial home Other real estate holdings Savings and investment accounts Pensions and retirement savings Vehicles and recreational property Business interests Credit card debt Lines of credit Student loans and personal loans A complete financial inventory will help you better understand what may be subject to division. 3. Learn How Property Division Works in Ontario Ontario follows a property equalization system rather than a direct division of assets. In most cases, each spouse calculates their net family property, and the spouse with the higher amount may be required to make an equalization payment to the other. The matrimonial home is treated differently from other assets and is subject to special rules under Ontario's Family Law Act. Even if one spouse owned the home before marriage, it may still have unique implications during property division. Because property division can be complex, particularly when businesses, inheritances, pensions, or multiple properties are involved, seeking legal advice early is highly recommended. 4. Create a Post-Divorce Budget Your financial circumstances will likely change after separation. Creating a realistic budget can help you understand your future financial needs and identify areas where adjustments may be necessary. Consider expenses such as: Housing costs Utilities Transportation Childcare Insurance Food and household expenses Legal fees Debt payments Understanding your anticipated monthly expenses can also help inform discussions about support and settlement options. 5. Monitor Your Credit Joint debts and shared financial accounts can affect your credit score during and after a divorce. To protect yourself: Obtain a copy of your credit report Review all joint debts and obligations Continue making payments on accounts that remain in your name Consider closing or freezing joint credit accounts where appropriate Monitor your credit regularly throughout the process Maintaining strong credit can make it easier to secure housing, financing, or other financial products after the divorce is finalized. 6. Consider Child Support and Spousal Support For many families, support obligations are a significant component of the divorce process. Child support in Ontario is generally determined using the Federal Child Support Guidelines and is based primarily on the paying parent's income. Spousal support may also be considered depending on factors such as: Length of the marriage Roles during the relationship Income differences Financial need and ability to pay Understanding the potential impact of support obligations can help you plan for your financial future. 7. Avoid Major Financial Decisions Without Legal Advice During a separation, it may be tempting to make significant financial changes, such as selling property, transferring assets, or withdrawing large sums of money from accounts. Before taking any major financial action, consult with an experienced family lawyer. Decisions made during separation can affect property division, support calculations, and the overall outcome of your case. 8. Build a Financial and Legal Support Team Divorce often requires guidance from multiple professionals. Depending on your circumstances, you may benefit from working with: A family lawyer A financial advisor An accountant A mortgage professional A mediator Having the right support team can help you make informed decisions and avoid costly mistakes. Moving Forward with Confidence While divorce can bring uncertainty, proper financial preparation can help you regain control and make informed decisions about your future. By understanding your assets, obligations, and legal rights under Ontario family law, you can approach the process with greater clarity and confidence. If you are considering separation or divorce, consulting with an experienced Ontario family lawyer early in the process can help you protect your financial interests and develop a strategy tailored to your unique circumstances. At Rimawi Law, we are here to answer your questions and guide you through each step of the process. Contact us by phone: (613) 779-1347
A Practical Guide for Families Divorce is a significant life transition, and it is often made more difficult by the amount of misinformation circulating online and in the community. Misunderstandings about how Ontario family law works can lead to unnecessary conflict, unrealistic expectations, and avoidable stress. This blog addresses six of the most common myths about divorce in Ontario and explains what the law actually provides.
