Moving Forward After Separation
Family breakdowns and co-parenting struggles can be some of the most stressful issues that you will deal with. Family law touches the most personal areas of your life:
- Your children: You will need to consider a number of factors, including custody, access, and support. It is best to come up with a solution with your co-parent through negotiation and mediation if possible. If it’s impossible to work with the other side, you should be aware that if your matter comes to court, the courts will consider the best interests of the child above the interests of the parents.
- Your property: This may include your marital home, personal property, pensions, and investments. You will need to be aware of various issues that may come up, such as common-law status, length of the marriage, debts, and the relationship between property and support.
- Your financial stability: Whether we are talking about child support or spousal support, we will look at all of the effects that paying or receiving support will have on your future after separation.
What Else?
Your particular situation may also have a number of issues that are unique to you, including:
- Travel permission: If you want to travel outside the country, you will need the permission of the other parent. If this has been a problem in the past, we can discuss your options.
- Mobility: If you or your co-parent is planning on moving far away with the child, that may bring up a whole new level of complexity to your separation.
- Divorce: Courts are generally reluctant to grant a divorce if the other issues have not been settled, especially if they have to do with children. Once all issues are settled, the process of getting a divorce can be complicated, but many people are able to do it themselves. It is not covered by Legal Aid.
- Family Responsibility Office (FRO): The recipient of support has the option of making all support payable through FRO. I can discuss the pros and cons of deciding to go through FRO.
- Exclusive possession: In some circumstances you may want to ask the court to declare that only one of you can be in the marital home.
- Restraining orders: Some relationships are very volatile. One or both of you may want an agreement or a court Order that you will not communicate with each other, or come near one another.
Finding Solutions
I will answer your questions about these issues, and help you to find solutions that will help you and your family move forward.
Whenever possible, I will encourage you to resolve your matters out of court, through negotiation and mediation. That is usually the fastest, cheapest and most effective way to find arrangements that fit your individual situation.
Sometimes, all the goodwill in the world will not help. If you are in going through a separation with somebody who is abusive, dishonest, or manipulative, negotiation and mediation may not be an option. If that is the case, I will help you find your solutions within the court system.
Contact Claudia Bordes
Call me at 613-807-2673 or email me at bordescj@gmail.com to set up an appointment. If necessary I can meet you in the community, especially if you live in Almonte, Pakenham, and nearby areas.