Court Litigation & Court Orders

Our family lawyers provide independent legal advice personalized to the facts of your case with suitable recommendations. There are many circumstances in which litigation may be needed in family law matters. Whenever you are served with court documents or want to start legal proceedings, we can advise you and represent you in the proceedings. If you have been served with a family court application in Ontario, you generally have 30 days to serve and file your answer. We help parties understand the potential legal implications of every action and are dedicated to acting in your best interests and to explaining your legal rights to you.

Such situations may include:

∎ Disputes regarding custody of and access to a child (decision-making responsibility and parenting time) which have not been resolved even after negotiation, collaborative law and mediation;

∎ The possibility of one parent removing the child from his or her usual residence without the other parent’s consent;

∎ The safety of the family can be assured only after a restraining order is issued;

∎ The child has been abducted, or there is a possibility of the child being abducted;

∎ One spouse refuses to make complete financial disclosure, which is essential for determining child and spousal support and property issues;

∎ Presence of unresolved spousal or child support and property issues;

∎ Outstanding child or spousal support which needs to be enforced;

∎ The possibility that one parent is rapidly depleting family assets and an order to preserve the assets (sometimes called a freezing order) is required immediately;

∎ A change in circumstances after the separation agreement or court order was made;

∎ A child protection situation exists which requires legal proceedings; and/or

∎ When the parties require a divorce order

Enforcement of Court Orders

Obtaining an order that is legally enforceable can be done in various ways. For example, you may start an application in the court to obtain an order for custody and access (decision-making responsibility and parenting time), support, or division of family property, among other things. Once the court makes a decision regarding your case, a court order will be issued.

In other situations, spouses will come to an agreement in a less formal setting; for example, by sitting down with their lawyers or a mediator. Informal discussions such as these can result in the creation of a domestic contract, such as a separation agreement, a paternity agreement, or a cohabitation agreement. In order for these agreements to be enforceable, they must be in writing, signed by the parties and witnessed. Filing an agreement with the court allows its support terms to be enforced like a court order, including by the Family Responsibility Office.

Law Wise family lawyers will represent you effectively in seeking the necessary orders and in taking steps to have the other party fulfil their obligations.