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Posts from the ‘Wednesday’s Video Clip’ Category

Wednesday’s Video Clip: We’re Here to Help

Wednesday’s Video Clip: We’re Here to Help

Have a question? Send us a message, we’re here to help.

Visit us at russellalexander.com

Wednesday’s Video Clip: Can I log in to my spouse’s Facebook or other online accounts?

Wednesday’s Video Clip: Can I log in to my spouse’s Facebook or other online accounts?

Generally you should not be accessing your spouse’s Facebook account unless you would normally do so. For example if you had a shared Facebook account during your relationship, it would still be acceptable for you to access it after a separation, but if you both had your own Facebook accounts and you would typically not access your spouse’s account during the relationship, you should not access it after separation either. Even if you know your spouse’s password and set up the account for them, you are still not entitled to access their Facebook or other social media accounts. A good rule of thumb is, if the only reason you are accessing a personal account which belongs to your spouse is to see what they are doing and/or who they are taking to, then that action is not appropriate.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Wednesday’s Video Clip: What are some of the do’s and dont’s of texting during your divorce?

Wednesday’s Video Clip: What are some of the do’s and dont’s of texting during your divorce?

DO text to discuss child custody and access.

DO text to provide or request information that you need from your spouse.

DO text to discuss the resolution of any outstanding issues resulting from your separation.

DO text to engage in any other polite communication with your spouse.

DO NOT text in an attempt to force or bully your spouse to do something.

DO NOT text your spouse over and over again in an attempt to convince them of something you have previously discussed.

DO NOT text rude or insulting messages to your spouse.

DO NOT text your spouse if they have specifically asked you not to contact them or if their lawyer has requested that you don’t contact them.

DO NOT text your kids any information in regards to your divorce, to ask them to pass on inappropriate messages to your spouse or to speak negatively about your spouse.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Wednesday’s Video Clip: If my spouse has committed adultery, am I more likely to get custody of my children?


 

Wednesday’s Video Clip: If my spouse has committed adultery, am I more likely to get custody of my children?

The Divorce Act states that the past conduct of a parent is only relevant when it shows that person’s ability to parent their children. Judges will consider the past conduct of a parent, but only as outlined by the Act. Judges also have to consider past cases that have outlined how to consider parenting ability in light of adultery, and past case law outlines that adultery does not damage a person’s ability to parent a child.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Wednesday’s Video Clip: If my spouse has committed adultery, am I more likely to get custody of my children? 


Wednesday’s Video Clip: If my spouse has committed adultery, am I more likely to get custody of my children? 

The Divorce Act states that the past conduct of a parent is only relevant when it shows that person’s ability to parent their children. Judges will consider the past conduct of a parent, but only as outlined by the Act. Judges also have to consider past cases that have outlined how to consider parenting ability in light of adultery, and past case law outlines that adultery does not damage a person’s ability to parent a child.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Wednesday’s Video Clip: Top Four Questions About the Children of Common-Law Relationships

Wednesday’s Video Clip: Top Four Questions About the Children of Common-Law Relationships

Common-law relationships are very common in today’s society. Nonetheless, the legal issues surrounding support obligations or adoption by a non-parent are often not well understood. Here are the top five points to note:

1) Is a common-law spouse obliged to pay child support? As with parents who are formally married, the common-law parents of a child are both equally responsible for support. This obligation lasts until the child reaches the age of majority (age 18 in Ontario), but can extend beyond that point if the child remains dependent because of disability, illness, or because he or she is pursuing post-secondary education.

2) Who pays support for a step-child? A person who enters into a common-law relationship with someone who already has children may have to support a step-child. It depends on whether in light of all the circumstances he or she qualifies as a “parent” under the Ontario Family Law Act, which definition includes “a person who has demonstrated a settled intention to treat a child as a child of his or her family.”

3) What if you want to adopt your spouse’s child? A person who wants to adopt the child of a common-law spouse can only do so if the child’s other biological parent is prepared to give up his or her rights. Once such an adoption takes place, the adoptive parent assumes all of the responsibilities of the biological parent in connection with the child, including the obligation to pay child support.

4) Who gets custody of a child if common-law partners break up? Ideally, if common-law spouses decide to separate, they can amicably decide which of them should have primary custody of the child, and how access arrangements are going to be structured. Any minor disputes about the scope or range of decision-making, or the nature, extent and scheduling of access, can be worked out with the assistance of a family law mediator. However, if the common-law partners/parents cannot agree, then a judge may have to make a binding decision that will settle any outstanding matters. As with children of parents who are formally married to each other, the governing principle to be applied to these decisions is always the best interests of the child.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Wednesday’s Video Clip: What is Joint Custody?

 

Wednesday’s Video Clip: What is Joint Custody?

Contrary to the widespread misconception that custody is about which parent spends the most time with a child, custody is actually about having the legal right to make major decisions about your child’s care and lifestyle. The child still may spend quite a bit of time with both parents. Children who are in the joint custody of both parents may not necessarily split their time equally between homes, and could still be in the primary care of one parent. Joint custody essentially means that both parents must agree on major decisions about their child’s care and lifestyle. In situations where couples have joint custody, neither parent can make decisions like this without consulting the other parent. If you disagree with your partner on one of these areas, you must either work it out together or return to court to settle the dispute.

If parents demonstrate that they are unable to reach agreement on major parenting decisions, the court may make an order for sole custody. In some situations, parents may have an arrangement where they are required to consult on certain matters such as schooling or extracurricular activities, but where one parent has ultimate authority on other matters such as religion.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Wednesday’s Video Clip: How Family Run Businesses can Survive and Thrive after Divorce


Wednesday’s Video Clip: How Family Run Businesses can Survive and Thrive after Divorce

One of the common fears of clients who own family-run businesses is how a divorce will affect the business they have spent their life building. While business owners have control over the work they put into their business and the legacy they are building for their family, they may have little influence over a relationship breakdown. The worry in regards to the effects of this breakdown on a business can cause additional stress above and beyond the heartache associated with restructuring a family.

In many family law matters involving children, the spouses are able to agree to cooperate in order to address the best interests of the children. In many ways, a family business can be used as a similar incentive: spouses can agree to cooperate in order to address the best interests of the family business. While fueling conflict is an almost unavoidable side effect of the court system, a collaborative approach is a very effective method in reducing the impact of separation and divorce on family run businesses. This process seeks to ensure that the business remains viable for both spouses, as well as future generations.

As an alternative to a purely rights based approach, other options can be considered in the collaborative approach, including:

• Family trusts or holding companies as a method of sharing income from the family business

• Tax planning, avoiding the possibility of triggering a Canada Revenue Agency audit

• Considering the formation of a new family trust

• Employment of children in the family business • Estate, succession, and capacity planning

• Ensuring insurance is in place to cushion the effects of any risks

• Gifting shares or portions of the family business to children or other family members

• Maintaining the privacy of the family business

• Managing the continuation of income streams

• Splitting income among family members • Delaying equalization or sharing business payments (i.e: if and when the family business sells)

• Preserving the family legacy for generations

• Recognizing and predicting the ebb and flow of the market and business patterns

Unlike the court system, the collaborative process is unique in that it offers the additional benefit of involving neutral professionals.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Wednesday’s Video Clip: Issues to Consider Before Meeting your Lawyer

 

Wednesday’s Video Clip: Issues to Consider Before Meeting your Lawyer

In Ontario, a Will is a written document that sets out the person’s wishes about how his or her estate should be taken care of and distributed after death. In this video, Rita, a senior law clerk with Russell Alexander Family Lawyers, describes what a will is, some of the early issues to consider for preparing a will, and what steps you should take once you have your will in place.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

 

Wednesday’s Video Clip: Can a common-law couple adopt a child?


 

Wednesday’s Video Clip: Can a common-law couple adopt a child?

In Ontario, common-law spouses have the same rights as married spouses to adopt a child; they are also subject to the exact same requirements. These include the requirement that they have both reached the age of 18, that they provide certain documents (e.g. medical reports, police clearance reports, letters of reference, financial statements, and similar) and that they participate in both a home study process and an education program. The home study may be completed either privately, or by a Children’s Aid social worker.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com