Frequently asked questions

Do children need a safety plan?

Many thanks to Miranda Brijlall, articling student at Luke’s Place, who prepared this response with assistance from Legal Director, Pamela Cross.
In circumstances of family violence, children as well as their mothers need to take care of themselves by developing a safety plan containing steps to increase and maintain their own safety,

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How can a woman support her kids during and after her family law case?

The more a woman can protect her children from the negative emotions she may be feeling towards and about her former partner, the better for them.
Negative feelings towards her former partner
Her fear of her former partner may be justified but, unless she has fears for the children’s safety when they are with him,

How can I support a woman who needs help from the Family Responsibility Office?

The Family Responsibility Office (FRO) is a program of the Ministry of Community and Social Services that collects and distributes court-ordered child and spousal support payments. If the person paying support fails to do so, FRO can enforce the court order in a number of ways.
Its authority flows from the Family Responsibility and Support Arrears Enforcement Act.

Is conjoint counselling ever appropriate in situations of woman abuse?

This FAQ builds on work done by others: a paper written by Julie Shaw and a published paper written by Sandra M. Stith and Eric E. McCollum.
There are different opinions about whether or not it is appropriate for a couple to engage in co-counselling, or conjoint counselling,

What is independent legal advice and when does a woman need it?

Before a woman signs any kind of agreement related to her family law issues, she should obtain independent legal advice (ILA). This means she needs to meet with her own lawyer to review whatever the agreement may be.
Common agreements where ILA is needed include:

Cohabitation agreements
Marriage contracts
Separation agreements
Minutes of settlements
Mediation agreements
Any agreement entered into with child protection authorities

The purpose
The purpose of ILA is to ensure that that the person signing an agreement prepared by another party understands its contents fully,

How can alternative dispute resolution help me with my family law matter?

Looking for a basic introduction to alternative dispute resolution?
Also known as ADR, these are ways to solve family law problems other than going to court. Mediation, arbitration and collaborative family law are forms of ADR.
Learn about these alternatives on our Family Court and Beyond website.
Keep in mind that ADR may not be appropriate if your ex-partner was abusive or violent or tries to bully or scare you.

Court etiquette: How should I behave in family court?

When you go to family court, you will be focused on thinking about your case. Good manners may be the last thing on your mind.
However, your case will move along more smoothly and you may feel more comfortable while you are at court if you follow a few informal courthouse rules of etiquette.

Do I qualify for spousal support?

This is the third in a 3-part series on women’s financial rights and responsibilities when a relationship ends. Part 1 looked at property division and Part 2 covered determining the date of separation.

Whether you are married or living common-law with your partner,

How do I determine the date we separated?

This is the second in a 3-part series on women’s financial rights and responsibilities when a relationship ends. Part 1 looks at property division and Part 3 discusses spousal support.
Determining the date of separation is not always easy.
Some couples remain under the same roof and move in and out of various levels of intimacy over a period of months or even years.

What should I do if a woman tells me she plans to violate the custody order because she has serious concerns for the safety of the child?

When facing legal and ethical challenges, there are a variety of strategies that will help service providers manage the situation.
Here are some other situations that could raise similar legal and ethical challenges:

A client or former client calls to tell you she has already left the jurisdiction with her child in contravention of a custody order.