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What is Mediation?

What is Mediation?

Litigation is generally something people want to avoid; It’s expensive, time consuming, emotionally draining and unpredictable. Going through mediation is one option that you might consider when you are going through a divorce or any other family law issue. Knowing the process of mediation will help you decide if it is right for your case.

Mediation is a process in which you and your ex work together to work out the terms of your divorce or other family law issue. The process includes an impartial third party who is called the mediator. You and your ex must both agree to use mediation.Mediation involves a neutral third party working to assist the parties in reaching a settlement of their dispute. Mediation may be “open” in which case, in the event that no resolution is reached, the mediator may release a report on the process. Mediation may be “closed” such that only the fact of the mediation having taken place can be disclosed if no settlement is achieved.

You can mediate on issues such as custody, access, child support, spousal support, property division, mobility and any other issue you are concerned with. If you do not reach on the first day you can continue the mediation in the next session.

Understanding the mediation process is vital if you are going to go through the process. Before you meet with the mediator, you should make sure that you know what points you need to stand firm on and those you are willing to negotiate about.


Can I Change a Final Order—Motion to Change

Can I Change a Final Order—Motion to Change

A Motion to Change is required to change or vary a final order or to end a final order regarding child support, spousal support, custody, access, or restraining order. The most common reason for commencing a Motion to Change is usually to vary a support order. A Motion to Change is often brought when one or more of the following happens:

a) The support payor is making more money than he or she was when the order or agreement was made;
b) The support payor is making less money than he or she was when the order or agreement was made;
c) The child for whom support is payable has finished school, married or moved out on his or her own;
d) The child or children are now living with the payor or a different person;
e) The person receiving spousal support is now able to support himself or herself.

In order to succeed on a Motion to Change the moving party must either establish that there has been a material change in the circumstances or provide new evidence that was not available at the time the original order or agreement was made. A Motion to Change is not an invitation to come back to Court; you need to satisfy the Court that there has been a Material Change in Circumstances,

Rule 15: Motions to change a final order or agreement tells you what you need to do to commence a Motion to Change. For more information contact our office today.


Swipe, Click, Baby——-Child Support Obligations and Parenting Rights

Swipe, Click, Baby——-Child Support Obligations and Parenting Rights

You are on a dating site, you click, swipe, meet…..and 9 months later you are a parent; but there was never a relationship. The question is, legally speaking, what happens if a casual relationship leads to pregnancy?

The length of the relationship does not matter. The fact the pregnancy was unplanned does not matter. Child support obligations start the day the child is born. Legally, parents are responsible for financially supporting their dependent children. Dependent usually means until the child turns 18 and sometimes longer. A parent can be a birth parent, a non-birth parent, an adoptive parent, and sometimes a step-parent.

The amount of child support paid is usually based on the Child Support Guidelines. The Child Support Guidelines have a Child Support Table for each province and territory. The Table shows the basic monthly amounts of child support to cover expenses like clothes, food, and school supplies. This amount is based on the gross annual income of the paying parent and the number of children the support is for.

If a paternity test shows that the person being asked for child support is not the biological father and has not assumed the role of the parent, then child support obligations will not kick in.

Parenting rights do not change if the child was conceived through a casual, short-term relationship. Parenting rights include the right to visit and be visited by your child, to request information about your child’s health, education, upbringing and general well-being. If a father wants to foster a relationship with the child, then the mother should encourage it because it is the child’s right to have a relationship with BOTH parents.

Getting appropriate legal advice goes a long way to guide you in developing meaningful parenting time and receiving child support. So, whether you dated for a few months or had a casual relationship, parenting obligations do not change. Contact me at 647.428.3919 to learn how I can assist you and protect your rights.