Clarifies and corrects widespread myths about custody, divorce, and family court
Emphasizes the value of written agreements and legal advice
Encourages peaceful, informed, and legally sound resolutions
Like many areas of law, family law comes with its own common misunderstandings. These misunderstandings can lead to confusion about one’s rights, responsibilities, and the legal process itself. Entering important divorce, parenting arrangements, or property disputes with incorrect assumptions can lead you to make rash decisions.
Fact: Courts prioritise the best interests of the child, not the sex of the parents. In the past, mothers may have more frequently been awarded decision-making responsibility, but in today’s world, the courts will evaluate factors primarily relating to the child’s needs, each parent’s caregiving role, and stability. Fathers have just as much right to seek and obtain custody.
Fact: In Ontario, assets are divided equitably, which does not necessarily mean equally. Division is based on fairness, which considers factors like one’s contributions to the marriage, financial needs for the future, and existing agreements, like a prenuptial contract.
Fact: Child support is for the child’s expenses, which include housing, food, clothing, education, and extracurricular activities. Courts can intervene if there is concern about misuse of the funds.
Fact: Child support and parenting time are separate legal matters. Just because one parent does not pay support, it does not mean the other can withhold access to the child. If child support is not being paid, the correct approach is to pursue enforcement through legal channels rather than unliterally restricting parenting time.
Fact: While it is generally recommended to have legal advice, one can file for a divorce without a lawyer and succeed. However, family law is complex, and legal representation can ensure you avoid costly mistakes and your agreement is fair.
Fact: A verbal or oral agreement will not be legally binding in a family matter. Decision-making, parenting time, support, and property division agreements should always be formalised in writing and subsequently approved by the court to be valid and enforceable.
Fact: Many family law disputes are resolved outside of court. Less expensive means, such as mediation, arbitration, and negotiation can all help the parties reach an agreement. Court is typically a last resort.
Fact: If there is a custody order in place, moving with a child will likely require the other parent’s permission or a court order. Unauthorised relocation will likely lead to serious legal consequences.
Misinformation about all areas of law, let alone family, is abundant. Understanding the reality of the situation can help you make informed decisions to protect you and your family’s best interests.
Do you have any questions about family law? INB Family Law LLP is here to provide clarity and legal support. Our experienced team can guide you through issues like divorce, custody, or any other family law matter you may be dealing with. Contact us today for a consultation.