Contributors: Jeff Li; Jennifer Blackwood
Copyright ©: Jeff J. Li Professional Corporation 2019
• Access: When a child lives mainly with a parent, the other parent will normally have access. Traditionally, access is the right of the non-custodian parent to exercise parenting right and spend time with the child. More recently, access is seen more as the child’s right to spend time and receive care from the non-custodian parent. Canadian courts encourage maximum contacts between the child and both parents. Access may follow a fixed schedule. If the parents do not have a fixed schedule, one parent may request reasonable access at any time, but should give the other parent reasonable notice. Some access may be supervised. Only in rare cases will access be denied completely.
• Affidavit: A sworn document which lays out certain facts or information. An affidavit will be considered as evidence in legal proceedings. Swearing an affidavit containing inaccurate or wrong information may negatively affect a party’s case.
• Alternative Dispute Resolution (ADR): An alternative approach to the traditional court processes for resolving disputes, such as arbitration and mediation.
• Child Support: Financial support or money paid to a parent or a custodian for a child. All parents are responsible for financially supporting their children as long as the children are dependent. Child support is regulated by the Child Support Guidelines in Canada. Payments for child support include the Table amount and special or extraordinary expenses, all defined in the Guidelines.
• Child Support Guidelines: A law legislated by Canada or different provinces. They specify what child supports are payable, how is child support is calculated, and how support payor’s incomes are determined.
• Cohabitation: Living together in a marriage-like relationship, without getting married.
• Cohabitation Agreement: A written agreement between common-law spouses or cohabiting parties. It normally sets out, among other things, property division and/or support obligation in the event of relationship breakdown.
• Custody: Although traditionally custody means keeping or guarding (a child), in family law custody means the right to make important decisions about a child, such as education, religion and health care. Custody can be either sole or joint. The parent with a sole custody can make important decisions for the child. In joint custody, such decisions must be jointly made. Custody is not about which parent the child lives with, which is the question of residence.
• Domestic Contract: In Ontario, Domestic Contract means a Marriage Contract, Separation Agreement, Cohabitation Agreement, Paternity Agreement, or Family Arbitration Agreement. All such terms are particularly defined in Part IV of the Family Law Act (R.S.O. 1990, c. F. 3, as am.) A domestic contract must meet certain requirements; for example, it must be in writing, signed by the parties and witnessed. A properly signed domestic contract can alter the parties’ rights and obligations provided by the Family Law Act or other related legislature, and it is therefore important for each party to receive independent legal advice before signing. A domestic contract not meeting basic requirements may render it unenforceable.
• Equalization: In Ontario, it means equalization of net family properties under Part I of the Family Law Act. In most cases, it is claimed by separated spouses. Whenever one party claims it, both parties will calculate his/her own net family property, and the party with less net family property will be entitled to half of the difference of the two net family properties (often called “equalization payment”). This will make each party’s net family property equal. In certain circumstances, however, the share of the party may be varied.
• Family Responsibility Office (FRO): A government office that can enforce support payments. The FRO has the power to garnish a payor’s wages and bank accounts and register a charge/lien again their personal property or real estate. The FRO can also suspend a payor’s driver’s license, report them to credit bureaus and cancel their passport. The court may file support deduction orders with the FRO. If supports are provided in a domestic contract (typically a Separation Agreement), a party may also file it with the court and register same with the FRO.
• Fixed Access: A specific and detailed access plan. A scheduled access plan may cover holidays, long weekends, birthdays and/or religious occasions. It may include conditions like where access will take place or who is responsible for pick up and drop off.
• Joint Custody: Both parents share in important decision making that affects their child.
• Marriage Contract: A written agreement between married spouses or people who intend to marry, normally about future property division and/or spousal support. A marriage contract can be made and signed before or after marriage, but not after separation.
• Retroactive: Backdated. Starting from a date that has already passed. • Separation Agreement: A written agreement between partners made when separating; it can deal with parenting plans, child support and spousal support, and property division.
• Sole Custody: The right for one parent to make important decisions about a child. It may be subject to some limitations or conditions, such as the requirement of consultation (the parent with sole custody must discuss with the other parent before making a decision). Even one parent has sole custody, it does not mean that parent can make whatever decisions he or she likes for the child, such as access. Also, consent from the other parent is normally required when the custodian parent decides to move to another place, or travel with the child for an extended period of time.
• Spousal Support: Financial support paid to and for a spouse or to someone in a common-law relationship.