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/  Family Law

Navigating family law issues can be daunting and emotional

Since the pandemic, family disputes have increased, and while many free online self- help resources are available, it's important to note that self-representation can often lead to a more complex, time-consuming, and expensive process, potentially putting you at a disadvantage.

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During the divorce or separation, competent legal representation may put you in the best position possible. The Ontario courts often generally award costs to the successful party. The courts will consider whether there are important and complex issues, whether the parties negotiated, mediated, arbitrated or litigated.

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Factors courts considers in the award of costs: the parties' behaviour, any offer to settle made before trial, the total amount claimed and recovered in the lawsuit.

Three types of cost awards

Partial, Substantial, or Full indemnity. 

Partial indemnity covers 40-60% of legal fees; substantial indemnity is  typically 1.5 times partial indemnity costs; full indemnity is rarely awarded, covers 100% of legal fees, and is only available for broken contractual agreements.

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The courts have the sole discretion to determine the award of costs. The two key factors that affect a cost award are offers to settle and the successful party’s behaviour during the litigation.

Family Law is complex. Our firm offers a comprehensive range of services to guide you through your legal journey:

Procedural Advice

Advice on substantive rights and obligations

Advice on law and strategy for your ongoing matters Formulate strategy and tactics that are agreed upon.

Legal research and analysis

Communications with opposing counsel

Prepare financial statement forms and disclosure.

Serve and file court forms and documents.

Gather information, facts, discovery, or questioning. Investigate facts. Calculate child support, spousal support, Net Family Property Review transcripts and documents obtained from others. Discuss negotiation strategy. Negotiate settlements that are agreed upon. Analyze settlement options and settlement proposals. Prepare for court hearing. Prepare to deal with the Office of the Children’s Lawyer and Section 30 custody and access assessment under the Children’s Law Reform Act.

Draft correspondence, court documents and forms for you, including:

  •  separation agreement

  • case conference brief

  • settlement conference brief

  • trial scheduling endorsement form and trial management conference brief.

  • ​Application, Answer, Reply, Notice of Motion, Affidavit(s), Request(s) to Admit, Answer(s) to request(s) to Admit, Factum(s), Certificate of Disclosure, Net Family Property Statement, Offer(s) to Settle, Appeals, Minutes of Settlement

Additional Services 

Carman Feng Law

Litigation

​Prepare for trial. Explain the trial procedure. Liaise with and instruct expert witnesses. Arrange for expert report(s). Prepare summons to Witness. Review Endorsements and Draft orders. Advice appeal or the appeal process​​

Drafting Documents:

Draft prenup or a marriage contract, a cohabitation agreement, a separation agreement, pleading, and affidavits. Review Financial Statements

Divorce Application

Uncontested/Simple Divorce – jointly or separately Contested Divorce

Property Division:

Equalization: Only married couples are entitled to property division. Common-law couples have a potential avenue to pursue property claims based on the principle of unjust enrichment. Identify properties for division, including the matrimonial home, pensions, businesses, investments, vehicles, real estate assets, and more.

Supports Application

Child Support Spousal Support Support deduction order. Enforce Orders.

Under Section 23 of the Family Responsibility and Support Arrears Enforcement Act (FRSAEA), up to 100% of certain payments, including income tax refunds or other lump-sum payments attachable under federal enforcement legislation, may be deducted and paid to the FRO Director. The parties may consent to opt out of enforcement by filing a notice of withdrawal executed by both parties with the Family Responsibility Office (FRO). 

Parenting

Decision-making responsibility (formerly called Custody) Parenting time (formerly called Access)—the right to visit or be visited by your children and to receive information on your child’s health, education, and well-being.

FRO may suspend a support payor’s driver’s licence on 30 day’s notice. The suspension will be lifted unless the support payor brings the support arrears into good standing. FRO may also apply but is not limited to a suspension of a Canadian passport. Motion to change a final order. To prevent FRO enforcement actions, the support payor may enter into a payment plan after bringing a motion to change the final order within a prescribed period.

Section 16 of the Divorce Act allows non-parents, including grandparents, to apply for custody or access to a child. Non-spouses must first obtain leave of the court to pursue a custody application or access to a child.

Section 21(1) of the Children’s Law Reform Act (CLRA) gives grandparents the right to argue for access in custody disputes. The CLRA applies when parents are unmarried or have only separated and not divorced.

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