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As you make your way though this Padlet wall focused on Custody in family law, I hope you can find all of this information as informative and entertaining as i did well researching my topic. Enjoy.

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Here is a Brief introduction to Family Law, and what Custody is.

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Here is a Brief introduction to Family Law, and what Custody is.

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This quick video will help you get a good idea on the topic we will be exploring today.

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Going through a divorce or separation can be one of the most difficult situations you ever have to face, especially when children are involved. Find out some of the key legal issues you need to consider from Ontario lawyers Alfred Mamo and Roslyn Tsao.

Other resources to help you (Source: CLEO)

Separation and Divorce: Child Custody, Access, and Parenting Plans
When parents separate or divorce, they have to put in place a parenting plan covering where the children will live, how much time the children will spend with each parent, and who will make major decisions about raising the children. This booklet discusses different custody and access arrangements, how to get help to work out a parenting plan, and how judges and arbitrators make these decisions if the parents cannot agree. The booklet closes with detailed information on where to find legal assistance.

Separation and Divorce: Child Suport
When parents separate or divorce, issues about how to pay the expenses of raising their children arise. This booklet discusses who has a legal responsibility to pay child support, as well as how to calculate the basic amount to be paid and other factors that can affect the amount of support, such as the child's living arrangements and special expenses. The booklet also explains how to enforce payment of child support and has a section about parents on social assistance. The booklet closes with detailed information on where to find legal assistance.

Separation and Divorce or Death of a Spouse: Property Division
This booklet explains the basic rules for property division between separating married spouses, their rights and obligations with respect to the matrimonial home, and what happens to property if one spouse dies. It also explains the different situation of common-law spouses. There are sections on responsibility for debts, division of CPP credits, and written agreements. The booklet closes with detailed information on where to find legal assistance.

Separation and Divorce: Spousal Support
This booklet looks at spousal support for married or common-law partners who are divorcing or separating, including the factors that affect whether spousal support must be paid, in what amount, and for how long. It also contains information about spouses who are on social assistance, and how to enforce payment of support. The booklet closes with detailed information on where to find legal assistance.

Are you considering separating or divorcing from your spouse? Are you concerned about what will happen to your children after the break up? Visit Steps to Justice for helpful information and resources.

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Going through a divorce or separation can be one of the most difficult situations you ever have to face, especially when children are involved. Find out some of the key legal issues you need to consider from Ontario lawyers Alfred

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Here's a more in-depth look at Custody  

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Here's a more in-depth look at Custody  

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In this clip of Mr, Schuman, He displays a mastering of the knowledge he has on family law well explaining how custody works to the host. This not only makes it very easy for us to understand he is also displacing "Characteristics of the Profession" ( Pg, 158 Introduction to Canadian law) by being able to explaining with such ease the information on Family Law and Custody, He shows both a "Body of Knowledge", and "Authoritative use of the body of knowledge".

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Toronto Family Lawyer John Schuman Talks About Child Custody

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In this Video Mr. Schuman  explains

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More information on the different types of Custody. 

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More information on the different types of Custody. 

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This articular has a Break down of each type of custody and what it means.

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During a separation or divorce one of the biggest challenges is agreeing upon the specifics of child custody. When it comes to child custody in Ontario the courts have one main focus: the best interests of the children.

At the Divorce Centre our main objective is to avoid needless expenditures and to come to fair resolutions, with or without the need for Family Court intervention. This objective naturally extends to the children involved. The founder of the Divorce Centre (Mr. John C. Menear HBA, LLB) is also a founding member of the Canadian Equal Parenting Council, which is dedicated to developing healthy child custody arrangements, so that children have the benefit of two parents in their lives.

What is Child Custody?

Child custody is a legal term used to describe the legal and practical relationship between a parent and his or her child. Fundamentally 'custody' is the legal right of the parent to make decisions for the child. It is the parent's obligation to care for the child.

Types of Child Custody in Ontario:

Joint Custody: Both parents have custody of the children. This type of custody is for parents who are able to cooperate on parenting matters in the best interest of the children.

There are 2 forms of joint custody in Ontario:

1 - Joint Legal Custody: In joint legal custody situations both parents have input into major decisions affecting the children, including health and education. The residence and visitation arrangements for the children may vary widely.
2 - Joint Physical Custody or (Shared Custody): With joint physical custody both parents spend at least 40% of the time with their children.

Sole Custody: Only one parent has custody of the children. The children reside with the parent who has sole custody and the other parent may or may not have access and visitation rights.

Split Custody: One parent has custody of some of the children, and the other parent has custody of the other children. Splitting younger children from their siblings is very rarely advisable; however pre-teens and teenagers do often choose to live with different parents.

Child Custody Agreements

Joint Custody

More and more separating and divorcing families are considering joint custody arrangements. Whether or not the agreement is technically classified as 'joint legal custody' or 'joint physical custody' is irrelevant. The fundamental principal of a joint custody agreement is that both parents have custody and that they work together cooperatively for the best interests of their children.

Joint custody does not mean that children reside equally with both parents. Joint custody arrangements vary greatly on the specifics of residence of the child. Many agreements provide a child with a primary residence and a secondary residence with the other parent on weekends, holidays etc.

Tailoring a positive joint custody agreement requires specifically analyzing the routines and needs of a particular parental and child unit, while focusing on the needs of the child. In order to produce quality joint custody agreements these factors must be considered during joint custody negotiations, and formalized in joint custody agreements. This is why we provide on-site lawyers and access to experienced mediators and counselors.

What is consistent in almost all joint custody arrangements is a commitment by the parents to work together cooperatively even though they are separated, and make wise decisions for the benefit of their children. This encourages the children to have strengthened healthy relationships with both of their parents.

Sole Custody

Prior to the 1980's sole custody agreements were the most common method of caring for children of separated and divorced parents. Sole custody is when one parent has physical and legal custody of a child. The parent with sole custody can make all of the important decisions in the child's life.

The other non-custodial parent usually has 'access' to the children, meaning that they have the right to some share of physical time with the children. The non-custodial parent with 'access' to the children may have the right to make inquiries and to be given information regarding the health, education, and welfare of the children.

It is an incorrect assumption that if a parent with sole custody dies, the other parent automatically receives custody. This is not necessarily true. A parent with sole custody can choose who will have custody of their child for the first 90 days after their own death. The person they choose can then apply to the court to have custody of the child after that.

Split Custody

Split custody is when one parent has sole custody of one of more children and the other parent has custody of the remaining children. Split custody is not very common and in only very rare circumstances can it be beneficial to a child to be separated from their siblings.

However, split custody agreements sometimes become relevant as children become older. Pre-teens and teenagers stated preferences can have a more significant influence on the outcome of a child custody agreement. The views of pre-school or primary grade children will typically be less influential.

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Child Custody in Ontario | Joint, Sole, Split

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During a separation or divorce one of the biggest challenges is agreeing upon the specifics of child custody. When it comes to child custody in Ontario the courts have one main focus: the best interests of the children.

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Understanding Physical Custody and Legal Custody.

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Understanding Physical Custody and Legal Custody.

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There are two Different types of custody that make up Joint, Sole and Split. Legal and Physical. Legal Custody means you have the right to make all legal decisions for that child. Physical Custody means you make decisions like what the child would eat, where they sleep, and what religion they follow.

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To help you understand where "The Family Court"(Pg 134, Introduction To Canadian Law) fall within Canada's Legal System. This picture show what jurisdiction family law, In this photo represented by the Family Division, falls under Ontario Court  of Justice.

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When Dealing With The Family Court it falls under The Jurisdiction of the "Ontario Court of Justice"(Pg 135, Introduction to Canadian Law) this is because the proceeding have to do with a dispute between two party's and not the government charging someone. This also mean that the judge will get the final decision.

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This is the case my answers are based around, but it can also be very knowledgeable for Learning about how proceedings happen during Custody hearings. Well reading this you get to watch the trail play out in front of you, helping you better to under stander things like Pre-trial Procedure and "Pleading" (Pg 140, Introduction to Canadian law).

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More information surrounding Family Law and Custody  

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More information surrounding Family Law and Custody  

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I found this website very useful well researching my topic, The lawyer that runs it was very Reputable and intelligent.

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This Website is Designed to Help You
People who need a family lawyer or a divorce lawyer are different from people who need other types of lawyers. If you are going through a separation or divorce, or if you need help with child custody or access, child or spousal support, or a children's aid society issue, your case is about your life. Or, if you are about to get married or start living with some, you may have concerns about your future life. These are the important life events that we can help you with.

If you are concerned about how a child is being treated at school, by a children's aid society or some other institution, your feelings for that child can be overwhelming. How can you get that child the best help? Can you get it quickly enough to protect your child from becoming a victim of "the system."

I can help you. See below for some starting points on this website. If this website does not answer your question, by email us or phone 416-446-5080 to book a consultation. Or, you can order a paper copy of my book, Guide to the Basics of Ontario Family Law, clicking here. Alternatively, get the e-book (it is exactly the same) for $9.99 at the Kindle Store or for Kobo.

I have represented clients before every level of court from the Ontario Court of Justice to the Supreme Court of Canada. I have also helped my clients negotiate settlements, attended at mediations and arbitrations. To help families resolve their differences using less adversarial methods, I trained as a Family Mediator and Arbitrator. I also practice " Collaborative Practice ", which helps spouses with difficult situations but a commitment to resolve them, get divorced without "wrecking the kids." I also help people who are getting married, or planning to live together, plan for their future life through a marriage contract or cohabitation agreement.

I am also a family mediator. That means I can help people find common sense solutions to their problems, without resorting to the courts to have a decision imposed. Family Mediation can be a very useful tool for separated spouses or parents to achieve a result that works for them without a long, difficult, emotionally and financially draining battle. CLICK HERE if you are interested in booking a mediation.

As the decisions listed at the right show, I have also devoted my extra energy to helping kids in difficult circumstances. I have advocated to protect children in several ground breaking court decisions and court cases. Some of those cases are listed in the column to the right.

This Website is Full of Useful Information

This website is designed, not only to help people find a lawyer to help them with their family law or children's right problem, but also to provide useful information to people facing those situations.

In the pages of this website, you will find information on the following:

and much more.

To the right are my publications that may be of interest to you. Follow those links to get to the full text. Also on the right are links to several useful family law resources on the web.

Why John Schuman?

1. John is a Certified Specialist in Family Law. This is an honour bestowed by the Law Society of Upper Canada on the top lawyers in their field on the recommendation of other lawyers. For more on what this means, check out the Law Society's Webpage.

2. The mainstream media has recognized John's expertise and turns to him when it needs a top lawyer in the areas of family law and children's rights. John has appeared on: CBC/Radio Canada, the Ward and Al Show on Canada Talk Radio, Family Matters with Justice Brownstone (also see this page), DivorceSource Radio, Real Estate 101, and To Your Success.

3. John has practised child and family law exclusively since 1999.

4. John obtained a Masters (specialized) Degree in Family Law in 1999 from Queen's University.

5. Before his Master's degree. John clerked for a family court judge.

6. John has extensive trial experience. He has taken, on average, 3 cases to trial every year for the past 10.

7. John has settled many, many cases each year in advance of trial - but only when it did not make sense to go to trial. He knows when it is best to settle and when to keep going.

8. John has extensive experience in high-conflict cases.

9. John has extensive experience in complex financial family law cases. He knows where to look for the money and how to find it.

10. John is a member of the Association of Family and Conciliation Courts and is "up to date" on the latest research relevant to family law issues.

11. John has been counsel on several precedent setting, reported cases. (See above.)

12. John has relationship with many other allied family law professionals. John can help you get the accountants, counsellors, investigators and other professionals that you need.

13. John is a trained Family Law Mediator. In that role he brings a child-focused, common sense approach to resolving Family Law Disputes.

14. John is trained a Collaborative Lawyer, and is able to assist parties to work together to find the best solutions for themselves and their children.

15. John is an author of several important and leading books about how the law applies to children and families.

16. John practices in a firm that has specialists in almost every area of law, allowing "non-family law" solution to family problems, and also ensuring every aspect of client's legal needs are met (even identifying problems that clients did not.)

If you know people who could use direct, experienced, child focussed, help with a family law, education law, or children's rights matter, share this page on your social network using the buttons below, or tell them to call 416-446-5869 or email us right away.

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john p. schuman child and family law family litigation

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mediation & arbitration “a website full of useful family law information” 416-446-5080 click to email toronto family lawyer - divorce custody support child protection property equalization durham

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John P. Schuman C.S., Child and Family Law

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This Website is Designed to Help You People who need a family lawyer or a divorce lawyer are different from people who need other types of lawyers. If you are going through a separation or divorce, or if you need help with child custody or access, child or spousal support, or a children's aid society issue, your case is about your life.