At Doucet Family Law, we understand that your children are a top priority. Whether you have recently separated or are looking to update an existing arrangement, creating a personalized parenting plan that reflects your family’s unique needs can feel overwhelming. A crucial part of this process is understanding your parental rights and responsibilities, particularly in the initial transition period after separation. Whether your matter could be described as high-conflict, amicable, or somewhere in between, our compassionate family lawyers can guide you through the legal process. We ensure that the best interests of your children are at the centre of every parenting discussion as we work towards a long-term solution that supports your children’s safety, security and well-being in accordance with the Children’s Law Reform Act and/or the Divorce Act.

In Ontario, grandparents, family members and other non-parents may seek to have ongoing visits and a relationship with a child in certain circumstances. Contact claims require a delicate approach, as they may arise in situations with high levels of adult conflict. While this conflict may mean that a court order is necessary to allow for visits between the non-parent and the child, contact may not be appropriate if the adult conflict rises to a level where it impacts the child’s well-being. Our experienced lawyers can guide you through this sensitive issue with compassion and experience.

In Ontario, parents are legally responsible for financially supporting their children, including after separation. This obligation may also extend to individuals who are not the child’s parents, like a step-parent. There are many factors to consider in confirming a parent’s child support obligation. Such factors can include determining their income (which may be different from their reported income), the number of dependants, the parenting schedule, whether special and extraordinary expenses are necessary and reasonable, as well as a number of other variables. These details can have significant implications on any child support paid to or received from the other parent(s). Whether you are looking to start a new child support arrangement or adjust an existing one, our lawyers can guide you to arrive at child support arrangements that are fair and reflect the objectives of the Child Support Guidelines.

After separation, a spouse (including partners defined as being in a common law relationship according to family law) may claim spousal support. If there is an entitlement to spousal support, the questions of how much support should be paid and for how long need to be determined based on various factors. Such factors may include the period of cohabitation, a spouse’s need for support, the payor spouse’s ability to pay spousal support, the presence of children and any child support payable, the parties’ incomes, and more. Our lawyers can walk you through these factors and craft tailored spousal support provisions to reflect the objectives of the Divorce Act and the Family Law Act, aided by the guidance of the Spousal Support Advisory Guidelines.

Married and common-law spouses have different property rights in Ontario. If you were married, the Family Law Act provides for the equalization of net family property. Equalization is a complex calculation which aims to ensure that the parties divide the accumulated net family property fairly upon divorce or separation, which typically occurs with what is referred to as an “equalization payment.” Common-law spouses cannot make a claim for the equalization of net family property and typically only share in any joint assets at the time of their separation. However, both married and common-law spouses may also have claims in equity, such as trust or unjust enrichment claims. These equitable interest claims are based on fairness or justice, where a party establishes that they should be entitled to an interest in a property or other asset for which they are not on title. Our family lawyers are experienced in navigating property claims, from managing the required disclosure to negotiating and drafting final resolutions for the equalization and division of your property.

Equalization is subject to a limitation period. An application for equalization must be brought the earliest of,

(a)  two years after the day the marriage is terminated by divorce or judgment of nullity;

(b)  six years after the day the spouses separate and there is no reasonable prospect that they will resume cohabitation;

(c)  six months after the first spouse’s death.

Navigating a divorce can be an emotionally complex journey. At Doucet Family Law, we strive to simplify this process by providing comprehensive guidance and tailored legal advice. Whether you want to pursue only a divorce, by way of a simple (uncontested) divorce or a joint divorce, or you want to pursue a divorce with other family law corollary claims, our office is happy to help you navigate that process.

As outlined above, many of the same issues may apply to both common-law and married spouses, such as parenting issues, support issues, and certain property claims (with the exception of the equalization of net family property, which only applies to married spouses), We recommend working with a lawyer that can help you navigate these complex issues with an approach tailored to your circumstances and interests.

At Doucet Family Law, we proudly offer limited scope retainers (sometimes called “unbundled services”), where our office assists clients with specific, predefined tasks rather than overseeing all aspects of your case. Our team can handle tasks such as reviewing documents and evidence, drafting critical court documents, preparing for court, running complex child and spousal calculations, providing procedural and strategic advice, drafting offers to settle, and more. This allows you to focus our knowledge on particular aspects of your proceedings, often at key junctures where you can benefit from limited legal advice. Limited scope retainers can be a great tool for you to control your legal costs, as we are involved in as much or as little of your case as agreed to between you and our lawyers.

Negotiating a Separation Agreement that resolves your family law issues, whether on an interim or final basis, can be an effective tool in avoiding court proceedings and maintaining control over your outcome. The lawyers at Doucet Family Law are experienced in negotiating and drafting Separation Agreements.

Filing a Family Court Application can be mentally and financially burdensome. Prior to filing, it may be appropriate to consider alternatives such as mediation, or arbitration to address key issues. With your unique needs in mind, we can facilitate solutions and professional support for you through separation, in or out of the courtroom.

Litigation in family law involves navigating complex court procedures to resolve disputes that arise during separation. At Doucet Family Law, we provide clear, compassionate guidance to keep you well-informed about your legal rights and options. Our team advocates for clients in court, aiming for fair outcomes that prioritize their rights and legal needs.