Daniels Law FirmOttawa Family Lawyer | Canadian Immigration Law | Daniels Law Firm2024-03-15T13:38:17Zhttps://www.lawyerinottawa.com/feed/atom/WordPressOn Behalf of Daniels Law Firmhttps://www.lawyerinottawa.com/?p=468792024-01-02T17:03:10Z2024-01-02T17:03:10ZShort-term benefits
People can experience some benefits right away when they mediate a dispute.
Turning the page to a new chapter more quickly: Mediation is typically faster than litigation, making it easier for parties to move from the dispute aspect of a divorce to life after the split.
Easing tensions of transitioning to co-parenting: Reaching solutions cooperatively allows parents to be less combative when figuring out how to raise their children together but separately.
Getting people on even footing: In litigation, one party can feel like the "winner," making the other a "loser." In mediation, parties exit the process on more equal footing.
Preserving assets: Because mediation is generally less expensive than going to court, participants can save valuable assets for division and use in their new chapter.
Long-term benefits
Other benefits of mediation may not be noticeable right away. In fact, parties could be surprised by the long-term advantages mediation can deliver.
Setting positive examples for children: Children of parents who have contentious divorce can experience significant long-term challenges, from psychological disorders to poor adult relationships. Further, seeing parents work through disputes together can set an excellent example for impressionable kids.
Establishing a framework for resolving future disputes: Navigating the mediation process can teach people valuable skills that can serve them in future conflicts.
Respecting unique situations and wishes: Mediation can help people address specific, personal circumstances more effectively. For instance, parties can worth through issues ranging from a a child's religious education to dividing retirement assets.
Minimizing long-term bitterness regarding the divorce process: A long, painful divorce can leave scars that never fully heal. Mediation can reduce the negativity people associate with the family legal system, making it easier to resolve future conflicts that might arise.
Considering the many short- and long-term benefits of mediation, it can certainly be an option worth considering when divorcing.]]>On Behalf of Daniels Law Firmhttps://www.lawyerinottawa.com/?p=468252023-10-18T17:31:12Z2023-10-18T17:31:12ZIf you are getting married, your focus is likely on what lies ahead for you as a couple. While most of your thoughts should be full of promise and hope, it is important to also be pragmatic and remember that no one can predict the future. Because of this, one thing you will want to consider talking to your partner about is a prenuptial agreement or marital contract.
This can be a difficult conversation for people, as it's not exactly romantic to talk about what happens if a marriage ends. However, these helpful tips can make it much easier.
Bring it up sooner rather than later. Putting off the discussion could mean you wind up without an agreement or rushing through creating or signing one. If you wait too long, you may not have enough time to put one in place, and any contract you do make could ultimately be invalid.
Give yourselves plenty of time to talk and ask questions. You also should not have to feel like you must rush the conversation. Give yourselves time to discuss your goals and hesitations and ask each other questions. So, instead of bringing up the subject before you head out the door to work, consider setting aside time after dinner or on the weekend when you both have the time and energy to devote to the subject.
Start off on the right foot. One thing people tend to do is to assume prenups are an indication that someone doubts the strength of the relationship. However, you can clear this up by approaching the topic from the perspective of a marriage contract being a safety net that gives critical guidance during a tumultuous time that may never come.
Be honest. Being open and forthcoming can be hard when discussing finances, ambitions or marital expectations. However, it is crucial that you are both honest in your discussions. If you lie, omit information or misrepresent essential details, you could find yourself in hot water with your partner - and potentially the law.
Determine the next steps. After you decide what you want to do, commit to the next steps. These could involve scheduling a meeting with lawyers, reviewing legal requirements or gathering financial data.
These tips can help you navigate a complicated conversation and reach agreements confidently.]]>On Behalf of Daniels Law Firmhttps://www.lawyerinottawa.com/?p=468222023-07-20T16:43:57Z2023-07-20T16:43:57ZParenting time arrangements are critical in families' lives after divorce or separation. They give parents and children a sense of stability and predictability, which can be crucial after a parental split. However, things can and do change after some time. Kids get older, parents change jobs and families move.
Because of this, parents should understand the process for changing existing parenting time arrangements.
When can we make changes?
For the courts to change an existing order, you must prove that a material change has occurred and, therefore, a change in your order is necessary. Some of the most common examples of material changes include the following:
Parental relocation to a different province or country
Significant changes in a child's medical, physical or emotional needs
Parental incarceration
Incidences of family violence
Declines in parenting capabilities
Changes in a child's preferences
This is certainly not an exhaustive list of material changes in circumstances. However, it reflects the fact that courts generally won't order a modification when a change is not significant.If you are seeking modification of your parenting time agreement, be prepared to show how a change materially affects parental abilities and/or your child's needs.
How do we change it?
If you and your child's other parent agree to change your current agreement, you can work with each other to put your changes in writing. However, if you cannot agree, you must take the matter to court for consideration and ruling. It is important to understand that even if you agree, the courts will need to review it and sign off on it.Whether you and your ex agree to changes or you must go to court, legal guidance and support can be essential. This can be a complex process, and missteps could create complications and disruptions. However, understanding how parenting time modifications work and what you must do can help you get the outcome you are looking for.]]>On Behalf of Daniels Law Firmhttps://www.lawyerinottawa.com/?p=467732023-04-17T19:49:31Z2023-04-17T19:49:31ZNo parent is perfect, but it can feel like you need to be if you are seeking parenting time and decision-making responsibilities after divorce or separation. However, the fact is that personal shortcomings and mistakes in your past do not automatically make you a bad parent.
That said, there are some factors that could compromise your rights as a parent.
A history of family violence: Violent offences in your past could raise red flags in court.
Substance abuse issues: These can include an addiction to drugs, alcohol or even gambling.
Lack of an established relationship with your child: If you have never spent meaningful time with your child, the courts may not see you as an involved, caring parent.
Significant travel duties and obligations: If you travel a lot for work or frequently take trips abroad, you may not be able to provide the stable living environment and care your child needs.
Failure to provide appropriate supervision and guidance: Do you let your child use drugs? Do you look the other way when they skip school? Have you ignored their need for medical treatment?
Keep in mind that these and similar factors do not automatically make someone an unfit parent. However, they could be enough to reduce your time with your child because they can adversely affect your child's safety and well-being.
What you can do
The best thing you can do if you are seeking more time with your child is to identify your issues and confront them. Depending on your challenges, this could involve:
Seeking treatment for substance abuse
Attending counselling or parenting classes
Reducing travel obligations by securing a home near your child or finding a new job
Making safe, healthy lifestyle choices
Complying with existing orders or agreements regarding parenting time and access
These steps can improve your standing in the eyes of your child, their other parent and the courts.Again, you do not need to be a perfect person or perfect parent. However, you do need to be someone who can and will protect your child's best interests.]]>On Behalf of Daniels Law Firmhttps://www.lawyerinottawa.com/?p=467692023-02-22T16:36:21Z2023-02-22T16:36:21ZIt is not unusual for people to imagine the divorce process as spouses fighting in front of a judge. However, the reality is often very different from this. Not only do most people never set foot in a courtroom, but the process is generally more collaborative than combative.
And this collaboration means that other people are generally part of this process.
Financial professionals: Finances are one of the most complicated aspects of a divorce. Understanding your assets and liabilities, categorizing property and calculating equalization payments can be very complex. Because the property division process has very real economic impacts on parties, securing the help of professionals like financial analysts and accountants is crucial - particularly if you have substantial assets.
Therapists and counsellors: Whether you have been through a divorce before or not, it is not unusual to feel scared, confused or stressed out at this time. You may be worried about your children's well-being, as well. With so much changing in your life and future, speaking with a therapist or counsellor can help you develop healthy strategies and skills, making coping and overcoming future challenges easier.
A lawyer: Yes, divorce is an emotional process, to be sure. However, it is also a legal one, meaning that there will be legal matters you must address. Without the guidance of legal professionals, it can be easier to make mistakes or missteps that ultimately delay the process or result in unfair or invalid agreements.
These parties generally have valuable experience and training navigating these issues, which you may not. With their support, it can be easier to move forward after divorce.
Other people to reach out to
While people like those mentioned above play a pivotal role in divorce, a person doesn't need to be a professional to be helpful. Leaning on your personal support system is often crucial during this time. Your friends, family, neighbours and even colleagues can be helpful in many ways. They might:
Participate in a meal train
Help you with babysitting or picking up your kids
Lend a supportive ear during tough times
Help you complete projects
Accompany you on social outings
Spend time with you
These and other acts can provide incredible support during this time, so don't be afraid to reach out to them to get the help you need.]]>On Behalf of Daniels Law Firmhttps://www.lawyerinottawa.com/?p=467632022-11-10T16:26:56Z2022-11-10T16:26:56ZMediation is the process most people will rely on when ending their marriage with a divorce. Thus, if you are divorcing, chances are that mediation will play a role in the process. Below, we offer some helpful tips for making the most out of the mediation process.
Tip 1: Understand the mediator's role
A mediator will help you reach agreements during sessions. They facilitate communication between parties, identify compromises, develop creative solutions and diffuse volatile conversations.Mediators are not lawyers for the parties, meaning they are not there to inform you of your rights or help you assess the fairness of proposed agreements. For this type of guidance, each party will want to consult their individual lawyers.
Tip 2: Get your priorities in order
Because mediation allows you to make decisions about matters like child custody and property division, you need to know what is most important to you. Not every detail will carry the same weight.For instance, spending certain holidays with your children may be more important than keeping the family car. When you define your priorities, you make negotiating for the things you really want easier. And you can avoid needless arguing over something you do not truly care about if you get swept up in strong emotions.
Tip 3: Focus on fairness, not winning
Mediation can involve give-and-take. If you focus on "winning" everything, chances are your mediation sessions will be frustrating and ineffective, as the other person is not likely to give you everything you want. When it comes to divorce, your priority should be about getting a fair outcome that sets you on the right path to success after the process is over. Keeping your attention on this goal can help you make difficult decisions.
Tip 4: Respect can go a long way
No matter how amicable or contentious you and your ex may be, being respectful throughout the mediation process can be beneficial. It can make it easier to communicate and reach solutions together.Showing respect can take many forms, from allowing them to talk about something without interrupting them to refraining from making any inflammatory comments about them on social media.Mediating a divorce can seem intimidating. However, these tips can help you prepare yourself to pursue a successful outcome.]]>On Behalf of Daniels Law Firmhttps://www.lawyerinottawa.com/?p=467242022-02-03T21:53:27Z2022-02-03T21:52:41ZThe answer to the question posed above is that witnesses could be crucial in a divorce. They may have valuable insights and opinions that help individuals and courts make a range of decisions.
That said, witnesses are not involved in every divorce. So, when are witnesses important?
When there are significant assets involved
Provincial laws require parties to divide property acquired during a marriage equally between divorcing spouses. This undertaking involves valuations, audits and calculating equalization payments. The more sophisticated your assets and liability are, the more complex this process can be. Thus, parties may need to rely on the testimony of financial experts and professionals, including:
Forensic accountants
Real estate brokers
Business appraisers
Statisticians
Economists
People in these roles have skills, education, training or experience in a specific field to understand and explain complex financial matters that arise in complicated divorces.
When parents cannot agree on child-related issues
Parents may know their children better than anyone else, but that does not mean they are always the right people to make arrangements regarding parenting time and decision-making responsibilities.When parents cannot agree on what is best for a child, expert witness testimony can be vital. These parties can include:
Social workers
Child psychologists
Custody professionals
Pediatricians
These witnesses can provide informed opinions on what is in a child's best interests regarding family legal matters.
When someone's character is under fire
Witnesses need not be experts to provide valuable input in a legal matter. Character witnesses can also play a crucial role in a divorce.For instance, you may call on:
Neighbours
Loved ones (in some cases)
Teachers
Coaches
Babysitters or nannies
Managers or co-workers
These parties can give insight into what someone is like outside of court. They might have information on their temperament, behaviours and relationships.Character and expert witnesses can be crucial components of the evidence parties present in family law trials. Knowing what purpose they serve and when they may be especially valuable is another tool that you can use to prepare for your divorce.]]>On Behalf of Daniels Law Firmhttps://www.lawyerinottawa.com/?p=467052021-10-29T16:19:22Z2021-10-29T16:18:28ZDuring a divorce, people can learn intimate details of your life you would have rather kept private. You might also feel vulnerable when you move to a new place or are living on your own.
Getting a divorce is undoubtedly a disruptive experience, but you should not feel like your privacy or your safety are at risk of being violated because of it. You can take precautions to protect yourself.
Assessing your online accounts
We divulge an enormous amount of information about ourselves online through social media, emails and even online dating platforms. You can protect this data by conducting an audit of these accounts. Are they set to private? Are there incriminating photos or statements that you should take down or refrain from posting? Could others have access to your accounts? Changing your login passwords, privacy settings and behaviours online can all be crucial in keeping your private life just that during a divorce.
Updating smart home devices
Whether you move into a new home or stay in your matrimonial home, you do not want unwelcome visitors - including your ex - invading that space without your permission. This invasion could happen when someone walks in your front door or when they watch or listen to you through a smart home device.Thus, be sure you update any security or smart home devices accordingly. Ensure no other users are allowed to access them, and do not forget to change your passwords.You might also consider getting a video doorbell if you want to see who is at your door without having to speak to them face-to-face.
Seeking legal protections
Several legal tools can protect people and information during a divorce.If you are worried about your safety, talk to your lawyer about getting a restraining order against your ex or another threatening party. If privacy is your concern, pursuing confidential dispute resolutions methods like mediation or arbitration can be the best solution. Other options, such as sanitizing court files or having the courts seal them, could also be possible, though the legal tests parties must meet for these can be quite difficult to overcome.
Prioritize your privacy during a tumultuous time
Again, divorce can be a disruptive experience. However, with these tips, you can regain better control over other people's access to you and your private information.]]>On Behalf of Daniels Law Firmhttps://www.lawyerinottawa.com/?p=465622021-07-28T15:24:17Z2021-07-28T15:24:17ZParents across Canada end their relationships with each other for any number of reasons. Sometimes they fall out of love; other times, they might not have been in love to begin with.
Whatever reason parents have for ending their relationship, they remain parents to the children they share. Thus, they will need to determine what will happen regarding custody and access, which entails assessing what is in the best interests of a child.
Parental versus legal definition
There is likely no one who knows a child better than their parents. However, a parent's opinion on what is best for a child does not always align with the court's opinion regarding where a child will live and who can make decisions for that child.In the legal sense, the best interests of a child refer to conditions that support a child's physical, psychological and emotional health. While there is no single picture of what this might look like, courts generally favour situations in which a child:
Is safe
Has a support system
Receives appropriate medical care
Can learn about their cultural background
Is not being manipulated by a caregiver
Has adequate supervision
Can spend time with nurturing, loving parents
Receives financial support that covers basic care needs
As readers might note, these components do not reflect factors like which parent is nicer, which one gives more gifts or is less firm with discipline. This is because assessing conditions that foster a child's well-being is not about pitting parents against each other; it is about protecting the welfare of a child.
Best interests of a child, not a parent
In some cases, custody and access arrangements may not be what parents want. They may require that parents share time with a child as equally as possible or give the right to make decisions for a child to one parent instead of two.These scenarios may not be what parents want because it can mean less time with their children or more interactions with each other. However, it is crucial that custody and access decisions reflect a child's needs, not the parents' needs. And parents can determine this themselves amicably or through the courts.]]>by Daniels Law Firmhttps://www.lawyerinottawa.com/?p=465542021-04-29T16:27:22Z2021-04-29T16:27:22ZEvery year, hundreds of thousands of people become Canadian citizens or permanent residents. These people represent families, business owners and economic contributors that enrich and improve this country.
And at a time when some countries are creating obstacles to citizenship or permanent residency, Canada is offering more pathways. Recently, six new programs became available to provide new permanent residency options for more than 90,000 immigrants.
Who these programs affect
The six programs affect specific skilled workers and students already residing in Canadian provinces, including:
Temporary health care workers, or Stream A (20,000 applications)
Other essential workers in areas like food production and care, or Stream B (30,000 applications)
Students graduating from a Canadian institution (40,000 applications)
The three other streams will increase permanent residency opportunities for French-speaking and bilingual candidates. These streams have no cap and are in place to promote Canada's official languages, which is one objective of Canadian immigration policies.The increase in these applications is an attempt to reach the goal of welcoming 401,000 permanent residents in 2021.
Eligibility requirements
The specific eligibility requirements will depend on the stream for which a person qualifies. Generally, however, a person applying as a student or recent graduate should expect to show that they:
Are recent graduates of a Canadian post-secondary institution
Received a degree or diploma from an approved program
Have valid work permits and are employed
Are proficient in French, per a recent evaluation
Someone applying as an essential worker should expect to show that they:
Have at least one year of full-time work experience in a healthcare occupation (Stream A)
Have at least one year of full-time work experience in other essential jobs, including those listed here (Stream B)
Are proficient in either English or French
There are also requirements regarding where you live, where you plan to live, and the application's completion.
Securing permanent residency
While many businesses, families and individuals are excited by these opportunities, they can still encounter challenges. Immigration programs, eligibility and application processes are not areas with which most people are familiar. Thus, having legal support as you or your loved one navigates this system can make it easier to pursue the desired outcome.]]>