Not only can the stress of settling a divorce, separation, or parenting time negatively affect mental health, but pre-existing mental health conditions can play a critical role in family law cases. At Gelman & Associates, our lawyers can assist with family law cases and additional challenges introduced by mental health concerns. Contact us today to schedule a consultation. Mental Health in Canada Mental health can refer to one’s general mental well-being or a specific mental illness. According to the Canadian Mental Health Association: 1 in 5 people in Canada will personally experience a ..read more

There is a common misconception among separating parties that, when their children are “old enough,” they will be able to decide which parent to live with. Well – this is not exactly how it works. In short: a child’s views and preferences are one of several factors the courts will consider and weigh in determining the parenting arrangement. In both s. 24(3) of the Children’s Law Reform Act, the legislation governing unmarried parties, and s. 16(3) of the Divorce Act, the legislation governing married parties, the legal test for where the child will reside is: what is in the best interest of th ..read more

By Jeffrey Mammon, B.A. J.D., Family Law Lawyer What is the FRO? The Family Responsibility and Support Arrears Enforcement Act is the Statutory Authority that provides the FRO the legislative powers to enforce child and spousal support Court Orders and Separation Agreements that include child and /or spousal support provisions. The FRO ensures that the support obligations made within Court Orders or Separation Agreements are paid and up to date.  When a Support Court Order is made in Court there is an automatic Support Deduction Order made by the Judge that authorizes the FRO to enforce a ..read more

Summary Every case requires a unique and personalized approach to minimizing conflict during a separation or divorce. Some matters have a conflict that derives from differing parenting styles, whereas other cases have issues such as suspected alienation that may be the driving force of the conflict. Each issue has a unique solution that should be explored, depending on the counsel’s recommendation and the parties’ consent. The first step to minimizing conflict is recognizing the specific conflict and catering a unique approach to address the individualized conflict. Conflict that derives from ..read more

Discussions surrounding mental health have become increasingly common and while this has helped to reduce stigma, it has not gone away completely. However, it is an important topic for many people involved in a family law matter. You might have questions such as, what role does mental health play in family law matters? Will your ex-spouse’s struggles or your struggles with mental health and/or mental health diagnosis will be relevant to the issues of parenting-time and decision-making responsibility? Are you worried that you will be at a disadvantage due to mental health struggles? Does mental ..read more

With the passing of The Civil Marriages Act in 2005, same sex marriage was finally legalized in Canada. The laws with respect to same-sex (married) couples who are in the process of a separation and/or divorce are identical to heterosexual married couples as long as the parties reside primarily in Canada. For more information on same-sex separation and divorce for non-residents who were married in Canada, please see the following link: lisagelman.com/service/same-sex-divorce/ Divorce Same-sex couples may obtain a divorce in Canada pursuant to the Divorce Act, provided they habitually reside in ..read more

Undergoing a separation or divorce can impact all areas of your life. From your mental health to your family’s day-to-day activities, the process has the potential to cause a lot of stress. Emotions can get in the way, sometimes making these proceedings more difficult than one may have initially anticipated. Unfortunately, in some instances, spouses may put their personal interests first and may not fully disclose all their assets and liabilities. If you suspect that your spouse might be hiding assets, it may be useful to familiarize yourself with what indicators to look for, and what steps to ..read more

If you believe your ex-spouse may be trying to alienate your child or children from you, you are likely very stressed and you might be wondering how to address it without creating even more conflict. The severity of parental alienation and the impact varies widely as do the approaches required depending on the circumstances and level of severity. One way of attempting to reduce or prevent parental alienation early on is through incorporating terms in a parenting plan which provide clear guidelines and guard rails to both parents for expectations regarding their co-parenting relationship and th ..read more

Many parents do not realize that the community that your child(ren) are born into and are raised to be a part of, whether geographical or social, can play a significant role in parenting issues following the separation and/or divorce of parties, particularly when one party makes the decision to move with the children in tow. This can be an issue even when the parties have already negotiated a Separation Agreement or have a Final Order. Under section 22(2) of the Children’s Law Reform Act, a child’s “habitual residence” is the place where they have most recently resided either with both parents ..read more

By Jeffrey Mammon, B.A. J.D., Family Law Lawyer Often when parents separate they are more focused on the immediate  “regular” day to day parenting schedule with their children during the school year.   The parents end up spending considerable amount of time,  energy and legal fees negotiating a parenting plan that sets out the “regular schedule” when the children are to be with each parent, such as a week about rotation, or 2-5-5 or 2-3-3 parenting schedule, that the parents tend to overlooked the entire calendar year and forget to consider the parenting schedule when the c ..read more