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Are Ontario courts more likely to award custody to mothers than to fathers?

By Zagazeta Garcia LLP |

In Ontario, custody is awarded based on what is in the best interest of the child. Fathers or mothers have equal rights to apply for custody of their children. So there is no bias between a mother or father seeking custody of their minor children.

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When parents are not divorced yet, can one parent move with the children out of Ontario?

By Zagazeta Garcia LLP |

A parent may not move with the children out of Ontario without the express consent of the non-accompanying parent. Preferably, you should have that consent in writing. If the non-accompanying parent is opposing the relocation, then you must contact a family lawyer to assist you in litigating the issue in court before you move.

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My spouse lost their job and stopped paying child support. What do I do?

By Zagazeta Garcia LLP |

If your spouse has lost their employment and they’re unable to make child support payments and if the child support payments are a court order, they must contact a family lawyer to explore their options on filing a motion to change their support payments. In Ontario, child support payments that are court ordered will… Read More »

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How do I get my child support increased in Ontario?

By Zagazeta Garcia LLP |

If you believe you’re entitled to an increment in child support, you should first contact the child support payer and request certain financial documents from the person to see if you’re eligible to an increment in child support payments. If the child support payer is unwilling to provide the financial documentation, you may seek… Read More »

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Can child support be retroactively modified in Ontario?

By Zagazeta Garcia LLP |

Child support can be retroactively modified in Ontario, provided certain factors are met in order for you to do so. The most common factor may be the increase or decrease of the payer’s annual income, which will go hand-in-hand with the amount of child support that the recipient will be receiving.

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What papers do I need when I start a divorce case in Ontario?

By Zagazeta Garcia LLP |

The documents that you will need to file an application for simple divorce will be your marriage certificate. If you were married in a foreign country or if the marriage certificate is not in the english language, that marriage certificate must be translated by a certified translator and you will … If there are… Read More »

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My spouse is trying to kick me out of our home. Is that legal?

By Zagazeta Garcia LLP |

Spouses in Ontario have a right to remain living in the matrimonial home although they are legally separated. Generally, a spouse may not change the locks or remove you unless there’s a court order that allows them to do so.

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How can paternity be established in Ontario?

By Zagazeta Garcia LLP |

Paternity can be established by having the child undergo DNA testing to determine who are the child’s biological parents, which can be done through agreement of both parents or through a court order.

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Can an out of state divorce be enforced in Ontario?

By Zagazeta Garcia LLP |

If you have a foreign divorce order and you want to know if it can be enforced in Ontario, you should seek advice and contact a family lawyer to give you a legal opinion on whether that can be enforced.

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What is supervised visitation in Ontario?

By Zagazeta Garcia LLP |

Supervised visitation allows an Access parent to have time with their children, provided that they are supervised by a third party, or if the access occurs in a supervised Access center.

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