Sole and joint custody (decision making rights) are often confused with access rights. Access is the right to spend time with the children, not the right to make decisions about them. Access is also important where there are issues of control or abuse, and especially where there are problems which may require the supervision of access, such as violence to or around the child, drug or alcohol abuse, or psychiatric issues. Evidence of violence and abuse is often difficult to obtain and requires working closely with counsel to obtain and preserve the evidence. It can also involve working with the police and CAS and other agencies.

Mobility issues usually involve the right to move with the children, either within Canada or to another country. Mobility and access become especially important when a parent plans to travel out of the country with the children and there is a possibility that they will not return with them. This situation requires action in court to prevent the parent leaving with the children and/or to put in place assurances that they will return with the children. Travel issues also arise when one parent refuses to let the other parent travel on vacation with the children.

Child support is calculated according to the Child Support Guidelines (see link below) of the province of the payor parent. Spousal support is often guided by the Spousal Support Guidelines. The Spousal Support Guidelines are guidelines only, and give a range of payments and duration, but are often followed by the courts. One of the most contentious issues is the calculation of income for a support payor who has undisclosed income from self-employment or tips.

After custody and access, property issues are one of the most emotionally and financially difficult issues for parties to resolve. In Ontario the parties are required to equalize their net family properties. This means sharing the increase in value over the term of the marriage (from the date of marriage to the date of separation). Professional valuations of property, such as homes, pensions and business interests can help resolve many of these financial issues. Valuation of debts can also be contentious, especially debts are claimed to close family members.

Cases usually begin with an Application or Motion to Change a previous order or agreement. The first step in any case is the Case Conference, held before a Master, who will make orders with respect to disclosure required for any motions or trial. As the eventual trial will be over a year away, parties often need to bring motions for interim orders (until trial) to obtain support and access, Before a trial the court will hold at least one Settlement Conference, where a judge will attempt to help the parties settle the case. If the parties are unable to settle the case, it will be set on a trial list, usually of two weeks duration, and the case will be called to trial during that two week period.

Often the court will ask the Office of the Children;s Lawyer to appoint an independent social worker (paid for by the province) to do an investigation of the family situation, and report back to court. This report usually aids the parties in their settlement discussions.

As almost all cases settle before trial, it is important to consider negotiations throughout any litigation. In cases involving abuse it is important to ensure that the abuse victim is truly ready to negotiate and that the power imbalance is restored before meaningful negotiations take place.

CAS cases present special challenges and difficulties and require special experience and dedication.

Preparation of Minutes of Settlement may seem simple, but it is important that they reflect both the words and the intent of the negotiated settlement.

Judges do make mistakes. Unfortunately, those mistakes are costly to the people involved in their cases. There are two courts of Appeal from Superior Court Family Branch, one in Toronto (the Ontario Court of Appeal) and the other sitting throughout Ontario (the Divisional Court of Appeal). Each has different jurisdiction and rules. Appealing any case is complicated and expensive.

I accept some Legal Aid cases and am on the Legal Aid Domestic Violence Panel.