The Family Law Firm
518 Victoria Ave N9A 4M8 Windsor, ON, Canada

Custody and Access round out #6 on our list of the Top 10 Things You Need to Know About Family Law. These terms are important yet easily confused. Custody refers to the right and responsibility of a parent to make major decisions for the parent’s child, including decisions pertaining to the child’s health, education, and welfare. Custody can reside with one parent (one parent makes all major decisions for the minor child, commonly known as sole custody) or it can reside w...ith both parents (decision making is shared, commonly known as joint custody). However, custody will rarely be shared where the parties present an inability to cooperate, agree, or communicate effectively because of fundamentally different views on parenting issues. A parent with sole custody is most typically the primary parent insofar as the child’s primary residence is concerned. How often each parent sees the children is called access. Access includes the right to make inquiries and to be given major information about the child. Day-to-day decisions are made by the parent in whose care the child is, according to the residential schedule agreed to between the parties. Separating parents are free to negotiate whatever access arrangement is in the best interests of the child. For instance, depending on the circumstances, visits may be supervised or there may be no access at all. Or there may be arrangements such as alternating weekends plus a regular weeknight. Or separating parents may choose to follow equal time-sharing, such as week-on, week-off. The possible access arrangements are endless and range broadly depending on the facts of each case. If courts do become involved, their primary concern is promoting a stable arrangement for the children and, where possible, fostering relationships with both parents. #familylawyer #childrenlawyers #childsbestinterests #advocacy #knowyourrights #windsorsmallbusiness #windsor

Continuing with number five on our list of the Top 10 Things You Need to Know About Family Law - marriage contracts. A marriage contract (a.k.a. a prenup) is a private agreement between a couple signed prior to marriage or after marriage but before family breakdown. In Ontario, the following issues can be dealt with in a marriage contract: ownership in or division of property;... support obligations; the right to direct the education and moral training of children but not the right to custody or access to children; and any other matter in the settlement of the parties’ affairs. It is important to note that married spouses cannot contract out of their equal right to possess the matrimonial home. Please contact us for more information about how we can help you. #contracts #splitsville #windsorlawyers #divorce #familylaw #windsorsmallbusiness #yqgbusiness #legalcontracts

Coming in hot at number four on our list of the Top 10 Things You Need To Know About Family Law is the importance of financial disclosure. If parties are to achieve fair, cost-effective, and enduring results in family law matters, prompt and accurate financial disclosure is necessary. If one or both of the parties fail to provide accurate disclosure, costs soar and resolution is stunted. Additionally, agreements reached may be set aside if it is later found that one ...or both of the parties failed to provide accurate disclosure. It is best to speak to one of our divorce lawyers if you have any questions about disclosure. #familylawyer #divorce #windsor #financialdisclosure #honestyisthebestpolicy

With the dissolution of marriage comes tough decisions with respect to the matrimonial home, which brings us to number three on our list of the Top 10 Things You Need to Know About Family Law. The matrimonial home is the family home in which married spouses were living at the time of separation. Married spouses may have more than one matrimonial home: their main residence, cottages, mobile homes, chalets, condominiums, etc., can all qualify simultaneously. Any additional dwel...lings that are not their principle residence, but are owned and occupied regularly, could technically qualify as a second matrimonial home. It is important to note that common-law spouses do not have a matrimonial home. In Ontario, the matrimonial home is unique with its own special status under the Family Law Act. Regardless of which spouse holds title, a matrimonial home cannot be sold or encumbered without the written consent of the other spouse. Further to this, both spouses have an equal right to possession upon separation, even if one spouse moves out. Where the parties disagree, the court has the power to award exclusive possession of a matrimonial home to either spouse, including a non-owning spouse. The special status of the matrimonial home is particularly evident when net family property is calculated under the equalization process. A spouse who brings the matrimonial home into the marriage must share the full value as at the date of separation. This is so whether or not the matrimonial home was gifted or purchased with gifted funds. Unlike all other assets, that spouse does not have the benefit of a date of marriage deduction for the value of the matrimonial home brought into the marriage, which has the effect of making the home-owning spouse’s net family property substantially higher. When organizing your affairs prior to marriage, it is most critical to be aware of the unique treatment of the matrimonial home and the related implications upon marriage breakdown. #matrimonialhome #familylawyers #advocacy #canadadivorce

Happy New year! We are excited to announce that Christina has joined our team!!!! She will be assisting myself and Caitlin Drew Zeran as we provide Family Law and Divorce services to our clients. She will be contributing to our high client satisfaction!!!!!!!! I am so happy to welcome her!!

Second on the list of the top 10 things you need to know about family law is Grounds for Divorce. The only ground for divorce in Canada is breakdown of the marriage, which can be established in one of three ways. By far the most common and straightforward is once the spouses have lived separate and apart for at least one year immediately before the divorce proceeding is determined and are still living separate and apart at the commencement of the proceeding. Technically, a... breakdown of the marriage can be established sooner in situations of adultery or physical and mental cruelty as to render intolerable the ongoing cohabitation of the spouses. However, courts have established a high threshold for these cases (i.e., situations of incest). It is exceedingly rare for a breakdown of the marriage to be recognized under this category. Our divorce lawyers can help you with the difficult process of marriage termination. Call our office today. #divorce #separation #breakingupishardtodo #familylaw #equalization #freshstart

We are so happy to welcome Caitlin Zeran to our firm!!! She will be assisting with family law and divorce matters as well as drafting wills!

TOP 10 THINGS YOU NEED TO KNOW ABOUT FAMILY LAW Welcome to the Family Law Firm’s blog post series. First, we begin with married versus common-law couples. Only married or formerly married spouses are granted matrimonial property rights in Ontario by way of the Family Law Act, which makes the equalization of net family properties an automatic right. Unlike married spouses, common-law spouses have no statutory property rights.... In the absence of similar legislation, the courts have applied certain equitable relief tests for common-law couples, including unjust enrichment and the determination of whether or not a common-law relationship is a joint family venture. The bottom line is that there must be an unjust enrichment. Such claims can be challenging insofar as the non-owning spouse bears the onus of proving that even though they do not hold title to the property, they still made significant investments into bettering the household or improving or maintaining the asset. The higher the investment by the non-owning spouse, the higher the chance of success. To avoid unjust enrichment, compensation will be ordered (and, less frequently, property transferred) when the way property is divided upon the breakdown of the relationship is unfair. Where common-law spouses can show that they lived as though they were one unit, the court will likely find a joint family venture and order that the parties share in the value of the overall family wealth that accumulated during the parties’ relationship. These legal principles are pivotal to bringing common-law couples one step closer to obtaining similar legal rights as married couples. Whether planning to marry or live common law, it is always a good idea for spouses to make a written agreement about their relationship. These domestic contracts set out certain terms about your relationship and can spell out precisely how property is to be divided in the event you and your spouse separate, avoiding overly complicated and litigious situations down the road.

The Ontario economy has been devastated by the COVID-19 pandemic and resulting closure of non-essential businesses to help limit the spread of the virus. This has created unprecedented challenges for families. Both recipients and payors of court-ordered support payments whose incomes have drastically changed during COVID-19 may apply to the court to reduce or increase payments. This is equally applicable to couples who have negotiated a formal separation agreements. We are here to assist you through this process. Reach out to our team for legal help. #covid19 #legaladvocacy #helpingothers #communitysupport #childsupport #spousalsupport

We are here to assist you with your separation and divorce issues. Let us help navigate you through one of the most difficult times of your life!!!

We would be honoured to guide you through what may be one of the most traumatic times in your family's life as well as your own!

You can now find us on Instagram! https://www.instagram.com/chfamilylawfirm/

My assistant lorna and i are here to help guide you through what may be one of the most traumatic times of your life! We would be honoured to help you!

Looking forward to assisting clients with Divorce and Separation issues in 2019!!!

Welcoming Tristan J. Miller to our Team. Tristan graduated from the University of Windsor with a Bachelor of Criminology (Hons) and Juris Doctor (law) where he was the recipient of several awards throughout his academic career. He was called to the bar in June of 2020 after completing his articling term with a prominent civil litigation firm. He became an associate with Cheryl Hodgkin and the Family Law Firm immediately thereafter. Tristan’s keen interest in family law deve...loped prior to law school in supervised access, where he facilitated structured visits for families engaged in legal disputes. During law school, most notably, he obtained summa cum laude honours, participated in Community Legal Aid, and led the Windsor Law hockey team to victory at the 2019 Queen’s Cup. Tristan practices in all areas of family law, including issues surrounding custody and access, spousal and child support, and the division of family property. Tristan is committed to working with his clients in order to obtain the best possible resolution either through negotiated settlements or family court litigation. When he is not practicing law, Tristan enjoys writing about local community issues and has had his work featured by the Windsor Star. He is also a musician and loves expressing his artistic talents through guitar and drums. Tristan’s greatest passion is spending time with his two young daughters.

Visit our page for a 3 minute video on the Covid 19, The courts and visitation,

Thank you to Suzy Cui for inviting me as a celebrity chef for her show Culture Cooking. Soon to air on cogeco. I will be featured in the first episode. Details to follow!

Covid 19. Custody and Visitation

Hodgkinlaw.com The Family Law Firm

All we do is Family and Divorce Law!!! Let us know how we can help you!All we do is Family and Divorce Law!!! Let us know how we can help you!