Author: Pamela Cross

What are restraining orders? How can I get one?

mom consoling toddler girl

Many abusive men engage in ongoing strategies of harassment and intimidation against their partner even after they separate. Restraining orders are an important tool of the family court to help keep women and their children in these situations safe. A

Posted in For women, Frequently asked questions

What is child protection and the CAS?

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The Child and Family Services Act (CFSA) is the Ontario law dealing with child protection. Its purpose is to promote the best interests, protection and well-being of children. The CFSA authorizes children’s aid societies (CAS) to: investigate allegations or evidence

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What do Domestic Violence Death Review Committees do?

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Domestic Violence Death Review Committees (DVDRCs) exist in a number of locations around the world, including Ontario. They are multi-disciplinary committees of experts who review domestic violence related deaths and provide recommendations for change and advice, largely to government and

Posted in For service providers, Research Tagged with:

Challenges for newcomer women who want to leave their partners

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A woman who is a newcomer to Canada faces many challenges if she separates from her husband. She may be concerned about whether she can stay in Canada, have fears that her partner may try to take the children back

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What is a domestic contract? Are there different kinds?

Domestic contracts are legal agreements entered into by people wishing to set their own terms in their relationships with one another and include cohabitation agreements, marriage contracts and separation agreements. To be legally binding, the contract must be in writing

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My partner and I are common law. Do I have the same rights as a married person?

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Many women in common-law relationships believe they have exactly the same legal rights as women who are married. While there are many commonalities, there are some important differences, especially with respect to the way in which property is divided if

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Case law: The costs of unwillingness to settle

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In Jackson v Mayerle (2016 ONSC 1556), Justice Pazaratz has written another colourful decision, this time in a case where the mother refused to accept a number of offers to settle presented by the father and, after a 36-day trial

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What is spousal support and am I eligible?

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The goal of spousal support is to encourage the financial independence of both spouses as appropriate in the circumstances of the relationship. For example, where one spouse stayed at home to raise the children or had to change jobs frequently

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If I leave my partner, how will our property be divided?

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Property division for people who are married Marriage is considered to be a partnership, with each spouse making equal, if different, contributions and sharing equally in the family’s property if the partnership ends. This includes property acquired during the years

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Case law: “Marriage-like” relationships, spousal support and the division of assets

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Kneller v Greenwood 2015 BCSC 1410, a British Columbia case, explores what elements must be present for a relationship to be considered “marriage-like” for the purposes of division of family assets and spousal support. While there are differences between the

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