Best Family Lawyers in Aurora

About Family Law in Aurora, Canada

Family law in Aurora, Ontario, is governed by both federal and provincial legislation and addresses a range of legal issues that arise within family relationships. This can include marriage, divorce, child custody and access, spousal and child support, adoption, property division, and protection from family violence. Aurora’s legal framework operates under Ontario’s system, ensuring consistency across the province while also considering the unique needs of families within the community.

Why You May Need a Lawyer

Navigating family law issues can be complex and emotionally challenging. You may need a lawyer in Aurora for situations such as:

• Divorce or legal separation
• Disputes over child custody, access, or parenting time
• Child or spousal support calculations and enforcement
• Division of family property and assets
• Drafting or challenging prenuptial or cohabitation agreements
• Adoption or guardianship matters
• Experiencing or being accused of family violence or abuse
• Enforcing or varying existing court orders
• Making child protection applications
• Seeking mediation or alternative dispute resolution

Local Laws Overview

Family law in Aurora follows Ontario legislation such as the Family Law Act, the Children’s Law Reform Act, and federal laws like the Divorce Act. Some key aspects include:

• Divorce and Separation: Legal processes that formally end a marriage or common-law relationship including the division of property and debts.
• Child Custody and Access: Determinations are made based on the best interests of the child, including who the child lives with and how decisions are made.
• Support Obligations: Laws require parents to financially support their children; spousal support may also be owed after a separation, depending on factors like income, need, and relationship length.
• Property Division: In most cases, married spouses share the increase in value of their property acquired during the marriage; different rules apply for common-law couples.
• Family Violence: Protection orders and emergency interventions are available for those experiencing abuse.
• Alternative Dispute Resolution: Mediation and collaborative law are encouraged to resolve disputes outside of court when possible.

Frequently Asked Questions

What is the difference between separation and divorce?

Separation occurs when partners decide to live apart, with or without a formal agreement. Divorce is a legal process that formally ends the marriage, allowing either person to remarry.

How is child custody decided in Aurora?

Custody decisions focus on the best interests of the child, considering factors like the child’s needs, each parent’s ability to care for the child, and the child’s relationship with each parent.

Do common-law couples have the same legal rights as married couples?

No, common-law couples do not have the same rights to property division as married couples under Ontario law, but may still have rights to support and custody depending on their circumstances.

How is child support calculated?

Child support is calculated using tables set out in the Federal Child Support Guidelines, based on the paying parent’s income and the number of children.

Who gets the house after a separation or divorce?

For married couples, the value of the matrimonial home is usually divided equally, regardless of who owns it. For common-law couples, property is generally kept by the person who owns it unless special circumstances apply.

Can grandparents apply for custody or access?

Yes, grandparents and other extended family members can apply to the court for custody or access if it is in the best interests of the child.

What should I do if I experience family violence?

If you are experiencing family violence, contact the police immediately for protection. You can also seek a restraining order from the court and access community support services.

Is mediation required before going to court?

While mediation is not always required, it is strongly encouraged and may be mandatory in certain situations to resolve disputes without litigation, especially regarding parenting matters.

How long does it take to get a divorce?

An uncontested divorce can take several months to process, but contested cases involving property, support, or custody issues can take much longer. The minimum legal separation period before filing for divorce is one year.

Can I change an existing family court order?

Yes, you can ask the court to vary or enforce an existing order if there has been a material change in circumstances, such as changes in income or the needs of the child.

Additional Resources

Aurora and the greater York Region offer several resources for those needing family legal advice:

• Legal Aid Ontario: Offers legal services for those with low income, including family law advice.
• Family Law Information Centres (FLIC): Located in courthouses including Newmarket, FLICs provide free information and guidance on family law topics.
• Ontario Ministry of the Attorney General: Provides family law forms, information, and referrals to local services.
• York Region Community Legal Clinic: Offers legal support and advice for eligible residents of Aurora and surrounding areas.
• Family Mediation Services: Aid in resolving disputes outside of court through professional mediator assistance.
• 211 Ontario: Connects individuals to community programs, shelters, and legal resources.

Next Steps

If you need family legal assistance in Aurora, consider the following steps:

1. Assess your situation and identify your specific legal needs.
2. Gather important documentation, such as marriage certificates, separation agreements, financial records, or parenting documents.
3. Contact a local family lawyer for a consultation. Many lawyers offer free or low-cost initial consultations.
4. If eligible, reach out to Legal Aid Ontario or local community clinics for support.
5. Attend a Family Law Information Centre at the Newmarket courthouse for free guidance and resources.
6. Consider mediation services if your issue may be resolved without court intervention.
7. Ensure you understand your rights and responsibilities before making decisions or signing legal agreements.