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

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  #1  
Old 07-10-2020, 02:44 PM
Kinso Kinso is offline
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Default Useful Links/ Websites for Ontario Family Law

Hi all. I've decided to assemble a list of links that may be useful to users of this forum. If users find it valuable maybe an admin could sticky it.

Family Law Information

Steps to Justice Family Law
Ministry of the Attorney General
List of Courts in Ontario

Legislation

Divorce Act -
Childrens Law Reform Act
Family Law Act
Family Law Rules

Case Law


CanLii -

File for Divorce - Ontario

Filing for a Simple Divorce
Ontario

Warning: speak to a lawyer before you file for a simple divorce. This is especially true if you have children, property or an income disparity with your partner

Court Forms
Ontario Court Forms

Child and Spousal Support Calculator
My Support Calculator

Alternatives to Court

Collaborative Law Ontario Association of Collaborative Professionals
Mediation Ontario Association for Family Mediation
Mediation / Arbitration Family Dispute Resolution Institute of Ontario

Struggling to Afford a Lawyer?

Legal Aid Ontario - Free lawyers for those who qualify, but requires low income and many lawyers do not take legal aid.
Justice Net - Reduced fee lawyers for lower income persons, not free.
Limited Scope Services Project Lawyers on a limited scope basis. Pay as you go for what you need.
Osgoode Hall Law School Legal Clinic (CLASP)
Ottawa University Community Legal Clinic
Western University Legal Clinic
Windsor University Legal Aid Clinic

Law Society Referral Service
Free thirty minute consultation with an Ontario lawyer. Note a consultation isn't thirty minutes of free advice.

Enforcement of Support Orders

Family Responsibility Office
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Old 07-12-2020, 08:04 AM
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Great list - thanks! Sticky'd it.
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Old 07-12-2020, 08:47 AM
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Quote:
Originally Posted by Kinso View Post
Law Society Referral Service Free thirty minute consultation with an Ontario lawyer. Note a consultation isn't thirty minutes of free advice.
Could you clarify what that means? What do you get during those 30 minutes? Is it just a lawyer marketing their services?
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Old 07-12-2020, 09:11 AM
Kinso Kinso is offline
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Quote:
Could you clarify what that means? What do you get during those 30 minutes? Is it just a lawyer marketing their services?
I can't speak for all lawyers, but there is a line between consultation and advice that we are often careful about in those 30 minute calls. Advice can only responsibly be given once one has a comprehensive understanding of the facts. This is not possible in a 30 minute call.

A general distinction is:

Consultation - this is the law generally as it applies to the issues you've raised
Advice - this is the law as it applies to your specific situation, and here are the steps you should take.

Another limitation is that most lawyers will not help full out forms, or review documents. This is also legal advice and there may be facts the lawyer unaware of that would change the nature of the advice. It also incurs liability which I'm not in the business of doing for free.

Most people give a 10 minute summary of their situation, and I'll respond with the law generally on the issues raised (eg. Custody is based on the best interests of the child, child support is based on income... in this case since you're self employed there are increased disclosure requirements...etc.). If there is any violence or other red flags I'll stress the need to address this quickly. I will generally give them their process options, negotiation, mediation, or litigation. Summarize the cost of legal services and how unpredictable they are, and if I'm interested in the file tell them how much the retainer would be.

Sometimes people have specific questions I can answer - such as: "If my husband was arrested for drunk driving 3 years ago, does that mean I'll win custody?" - Generally not, but a pattern is concerning. "At what age does a child get to decide where they live?" - No defined age, depends on the maturity of the child, expect full decision making authority sometime in their mid-late teens.

Somethings I can almost never answer in a consultation include - "Should I accept my wife's Offer to Settle?" "Should I bring a motion for custody, access, support?" or "Exactly what forms do I need to fill out for a divorce?" I won't generally answer the last one as telling someone to fill out certain forms will be interpreted as an advisable course of action, which it may not be.

It's not solely a marketing call, although that does occur. It's not 30 minutes of free advice, it's something in between.
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Old 08-16-2020, 06:08 PM
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Quote:
Originally Posted by Janus View Post
Could you clarify what that means? What do you get during those 30 minutes? Is it just a lawyer marketing their services?
Lawyers don't give free legal advice.
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