Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Closed Thread
 
Thread Tools
  #1  
Old 02-14-2008, 07:06 PM
country girl country girl is offline
Junior Member
 
Join Date: Oct 2006
Posts: 15
country girl is on a distinguished road
Default child support & custody

I fianlly got my final divore papers and I'm free to remarry Feb 28....yeah like I want to go through that again any time soon!

Can I file for child support whithout applying for custody? I think he would fight the custody but not the support. I have kept records of his visitaion and have receipts for the little support he has paid.

Nothing has still been done with the parenting plan that I sent him in Nov. He did look at it and said that it's something we need to do face to face....well it February how much longer do I wait?

Could I get away with hiring a paralegal or should I get a lawyer?

Any words of wisdom?

Country Girl
  #2  
Old 02-14-2008, 11:49 PM
logicalvelocity logicalvelocity is offline
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

country girl,

Which parent is the child living now?

See the relevent provincial statute:

Quote:
Custody and Access

Father and mother entitled to custody

20. (1) Except as otherwise provided in this Part, the father and the mother of a child are equally entitled to custody of the child. R.S.O. 1990, c. C.12, s. 20 (1).

Rights and responsibilities

(2) A person entitled to custody of a child has the rights and responsibilities of a parent in respect of the person of the child and must exercise those rights and responsibilities in the best interests of the child. R.S.O. 1990, c. C.12, s. 20 (2).

Authority to act

(3) Where more than one person is entitled to custody of a child, any one of them may exercise the rights and accept the responsibilities of a parent on behalf of them in respect of the child. R.S.O. 1990, c. C.12, s. 20 (3).

Where parents separate

(4) Where the parents of a child live separate and apart and the child lives with one of them with the consent, implied consent or acquiescence of the other of them, the right of the other to exercise the entitlement of custody and the incidents of custody, but not the entitlement to access, is suspended until a separation agreement or order otherwise provides. R.S.O. 1990, c. C.12, s. 20 (4).
Pay particular attention to 20(4) above. If the child is currently living with you; bring forth an action for child support.


lv
  #3  
Old 02-15-2008, 01:18 AM
country girl country girl is offline
Junior Member
 
Join Date: Oct 2006
Posts: 15
country girl is on a distinguished road
Default

Our son lives with me.

Is 20(4) saying that the ex can have visitation but not have our son for overnight until a we get the parenting plan figured out?

Why can't they write a coles notes version of this stuff. 8-)

Country girl
  #4  
Old 02-15-2008, 07:41 AM
logicalvelocity logicalvelocity is offline
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

country girl,

Both parents are equally entitled to the incidents of custody of the child. See section 20(1).


However, when the parents separate, and the child lives with one parent but not the other; the other parents authority to act is suspended but not ended until an agreement or court order provides otherwise.

The child's access survives which includes the right to visit and be visited unless the element of substantial harm*to the child is a factor. Generally, the child's access will be liberal which would include overnights weekends and sharing of holidays and so forth.


Additionally, until a court orders otherwise, the law provides that both parents continue to have an equal entitlement to information bearing on the health, welfare and education of the child.

A parent with defacto custody has no right to determine the incidents of access.


* The element of substantial harm is defined in Young v. Young, [1993] 4 S.C.R. 3

http://scc.lexum.umontreal.ca/en/199...993rcs4-3.html


lv

Last edited by logicalvelocity; 02-15-2008 at 07:45 AM.
  #5  
Old 02-15-2008, 09:44 AM
country girl country girl is offline
Junior Member
 
Join Date: Oct 2006
Posts: 15
country girl is on a distinguished road
Default

Thanks lv.

To bring an action for child support do I file the General Applcation Form 8? Can I do this myself or hire someone? Other than the final divorce papers what else do I need to include? I just want to use the support chart for payments. At what point can FRO get involved?

Country girl
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
The Best Interests of Children: An Evidence- Based Approach WorkingDAD Divorce & Family Law 13 01-12-2013 09:15 PM
Custody and Access Decision-Making and the Breastfeeding Child: Cavannah v. Johne WorkingDAD Divorce & Family Law 8 05-03-2011 10:55 AM
Application For Spousal? lorlaman Divorce & Family Law 16 01-04-2011 08:42 PM
CS and SS Questions Teddie Financial Issues 4 12-14-2010 04:49 PM
Retroactive Child Support (Ont) Mess Divorce & Family Law 21 03-02-2010 01:41 AM


All times are GMT -4. The time now is 06:43 PM.