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Family law is legally complex and emotionally sensitive. It may potentially influence every aspect of your life; from your relationship with your children, as well as your financial stability, with effects that persist for many years. A family lawyer can assist you whether it’s a divorce, obtaining assets or your child.
Kazandji Law has an enviable record of success as acting as Ontario family lawyers. We fight for our clients’ rights in all aspects related to family law. This includes; divorce, custody and access, spousal support, child support, as well as division of property. We also negotiate separation agreements on behalf of our clients and can assist with the difficult matter of parental child abduction and assist you in taking the steps to get your child back.
Filling a divorce is challenging, having a family lawyer on your side can ease the process.
In order to apply for divorce, you must prove the following:
You and your spouse are legally married under the law and the marriage is recognized in Canada;
Dissolution of the marriage;
And proof of residence for you or your spouse in a Canadian province or territory for at least a full year before applying for divorce.
The only ground needed for divorce is marriage breakdown per the Divorce Act, which can be defined by any one of the following:
Living apart for a year or more;
Or physical or mental abuse;
Often, couples are separated- but continue to live under the same roof. This is a situation where an experienced family lawyer can inform you about what factors the courts may consider when legitimizing your separation.
Starting a divorce application can also be challenging. It is important to consult a family lawyer who can advise you about what documents are required and which forms should be filled out based on your province or territory.
Child Custody is the legal right to have a say in the upbringing of your child. At Kazandji Law, our family lawyers can assist you with this.
Per federal law- custody and parenting arrangements must be in the child’s best interest.
If parents cannot agree on the best solution for custody and parenting, the matter can be taken to court for the judge to decide, which is where the counsel of a family lawyer will be crucial for everyone involved.
Types of Custody:
The parent who has sole custody has the exclusive right to make decisions regarding the children’s education, health, religion and to some extent where the children reside, without any input from the other parent. This form of custody entitles the parent to have the children most of the time.
Both parents make decisions together regarding the major issues affecting the children, such as education, health, religion, and where the children reside. Cooperation between the parents with respect to raising the children is required.
A living arrangement whereby the children spend equal time residing with each parent.
If there are two or more children, at least one child resides primarily with each parent.
Access, is the right to see your child. Our family lawyers can assist you with gaining access.
In most circumstances, the non-custodial parent is entitled access to the child. If the other parent has sole custody however, the access parent is not entitled to participate in custodial decision making in regard to major matters.
Imposed by a judge if there are allegations of abuse, addiction, mental health issues, a risk that one parent will flee with the child or cause harm to the child or if the parent has not seen the child for an extended period of time.
Where one parent, usually the custodial parent, turns the children against their ex-spouse or partner. In some cases of alienation, judges are willing to switch custody and give sole custody to the alienated parent. Az Kazandji law, our family lawyers can assist you in gaining custody of your children.
When a partnership breaks down, the individual with more income/assets may have to pay support to the other individual.
Judges consider a range of factors when it comes to spousal support. Some include; how much the person asking for support needs to meet their needs, how much the other person can afford to pay, etc.,
You may claim support to become financially self-sufficient or in order to refrain from a serious financial difficulty from arising.
At Kazandji law, our family lawyers can assist you with obtaining supposal support.
When parents separate or divorce, their children have a legal right to financial support. Although it is a trying time for the entire family, it is crucial to have an experienced family lawyer on your side to determine the amount of child support you are entitled to.
Some guidelines for child support are dictated by the federal government, while some fall under provincial or territorial law. The amount of child support is also dependent on the family’s financial situation.
At Kazandji law, our family lawyers can assist you with obtaining child support.
Division of Property
When a marriage dissolves, the equal contribution of each person to the marriage is recognized.
The law provides that the value of any kind of property that was acquired by a spouse during the marriage and still exists at separation must be divided equally between the spouses.
At Kazandji law, our family lawyers can assist you with dividing your property.