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4 Things A Canada Family Lawyer Does That Are NOT Divorce


Some people view family law and divorce in the same vein, and it is true that many cases that involve family law are for dissolution of marriage. However, divorce is just one topic covered by the Ontario Family Law Act. There are many other provisions that cover family relationships, disputes, and other issues, and they have nothing to do with divorce or are indirectly related. This perception of family law and divorce can lead to problems, since many people put a priority on getting a lawyer when ending their marriage. This is not often true for other family law cases.

When you do not realize that you have important rights in a different family law matter, you could suffer harm. It is just as crucial to retain an Ontario family lawyer for non-divorce cases, where your relationship with your child, financial interests, and safety could be at risk. Some information about family law cases that are not divorce is useful.

  1. Protection Against Domestic Violence: Physical assault is always a crime, but there are also specific remedies available to a victim of domestic violence. It is possible to get a restraining order against someone who has attacked or threatened violence against a family member. You will need to file a petition and attend a hearing, so having assistance from counsel ensures a smooth process. 
  1. Making Changes: A court may enter orders regarding alimony, child custody, or child support in a divorce case, and these remain in effect after the process concludes. However, either party might need to modify any orders in the years that follow. Plus, parents may need to address issues on relocation if one wants to move. Modifications and relocations require a legal process and have specific rules under family law, even though not a divorce. 
  1. Grandparent’s Rights: Parents may have reasons to restrict the relationship between their child and grandparents, but there are some situations that recognize grandparent’s rights. A common scenario is when a parent dies, and the survivor prevents access. Courts do acknowledge the benefit of a grandparent-child relationship, so a family lawyer can help with legal action. 
  1. Family-Related Contracts: There are a few situations in which a couple in a relationship wants to establish legal protections, and they can do so via:
  • A cohabitation agreement, if you are unmarried;
  • Contracts executed before marriage, sometimes called prenuptial agreements; and,
  • Agreements executed after getting married.

Family lawyers help individuals with these contracts by offering advice and guiding them on including appropriate terms. They can also enforce a marriage or cohabitation agreement if a party breaches.

Talk to a Mississauga, ON Family Lawyer About Your Case

If you have an interest in a family law case that does not involve divorce, please contact Zagazeta Garcia Lawyers LLP at 905-232-0398 or via our website. We are happy to set up a free consultation to discuss details. Our team handles divorce as well as many other family law matters for individuals in Mississauga, Brampton and the Peel Region.



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