Mahr (also spelled maher, mohr and mehr) is a form of marriage agreement in which the husband promises to pay his wife (in cash or other forms of property) if the marriage ends or if he dies. Muslim marriage contracts always include a mahr, whether the marriage takes place in Canada or elsewhere.
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A family court case can be confusing to anyone who is not familiar with the process. For a woman who is dealing with trauma as a result of past and ongoing abuse by her partner, it may be completely overwhelming.
She may need to apply for legal aid. She needs to figure out what issues she needs to resolve.
This post focuses on intimate partner abuse of older women, although older women can also be subjected to abuse by other family members, particularly adult children and/or professional caregivers, whether they live in the home or in an institution.
Young women under the age of 24 are at the highest risk of being killed by their partner or former partner,
The law requires both parents to contribute to the financial support of their children regardless of who is living with the children. Most commonly, the parent with whom the child lives will receive child support from the other parent. Step-parents may be required to pay support for a child if they have acted in the role of a parent while living with the child.
Many abusive men engage in ongoing strategies of harassment and intimidation against their partner even after they separate. Restraining orders are an important tool of the family court to help keep women and their children in these situations safe. A family court judge can issue a restraining order if the applicant provides sufficient evidence that she is fearful her partner or former partner will hurt her or her children.
The Child and Family Services Act (CFSA) is the Ontario law dealing with child protection. Its purpose is to promote the best interests, protection and well-being of children.
The CFSA authorizes children’s aid societies (CAS) to:
investigate allegations or evidence that a child may be in need of protection
protect,
Many women in common-law relationships believe they have exactly the same legal rights as women who are married. While there are many commonalities, there are some important differences, especially with respect to the way in which property is divided if the relationship ends.
Living common law as opposed to being married has no impact on issues relating to children if the relationship ends.
Dual charging or counter charging of women is one of the direct results of the mandatory charging policy. This is a serious, if unintended, consequence, and rates of dual/counter charging remain high in Ontario.
Both women and their children feel the consequences of dual/counter charging.
The abuser gains even more power and control because he knows his partner is unlikely to call the police again if she gets charged when she does so.
The goal of spousal support is to encourage the financial independence of both spouses as appropriate in the circumstances of the relationship. For example, where one spouse stayed at home to raise the children or had to change jobs frequently because of demands of the other spouse’s employment, spousal support would be likely.
Property division for people who are married
Marriage is considered to be a partnership, with each spouse making equal, if different, contributions and sharing equally in the family’s property if the partnership ends. This includes property acquired during the years of the marriage that has been paid for by only one spouse or is registered in the name of only one spouse.
