By Jennifer Samara Shuber B.A., LL.B, M.S.W., Acc.F.M.
As a certified specialist, I know just how confusing family law can be. I created this website to provide family law answers to the “what if” and “how do I” questions you might have if your relationship is at risk of breaking down. These answers, and my blog, should help you determine next steps, and whether you need to consult a family lawyer for advice particular to your circumstances.
My practice is focused exclusively on family law. I advise clients on all types of property, support and child-related issues. I have appeared at all levels of court in Ontario, including the Court of Appeal. I have extensive family law experience, including in high conflict cases and complex custody and access matters.
I represent children at the centre of contested custody and access cases. As counsel to children, I provide independent information to the parties and the decision-maker (judge or arbitrator) on the children’s interests, views and preferences. I also prepare Voice of the Child Reports to document children’s wishes. By bringing the voice of the child into the process in these ways, I ensure that the result reached is child-focused.
The children’s issues are central to any parents facing separation and/or divorce. Where will the children live? How will decisions be made regarding their upbringing? Parents are often plagued with insecurity. The following summary is designed to provide a brief explanation of the key terms and aspects of custody in Toronto family law.
Parents are responsible to provide for their children’s financial needs. When parents separate or divorce that obligation remains and the federal and provincial governments have passed legislation and regulations that structure and enforce the payment of child support.
In Ontario, marriages are deemed to be a form of partnership. All marriages end, whether by separation or death. At their end, under Toronto family law, the spouses have a right to share in the wealth generated during the marriage. This is accomplished by equalization under the Family Law Act.
A $1.4 million costs award shows the danger of engaging in bad behaviour during litigation. See my article at: http://www.advocatedaily.com/jennifer-samara-shuber-judge-sanctions-husbands-misbehaviour-with-1-4-million-costs-award.html
The rights of the child and their best interest should trump a parent’s “right” to shared parenting. Read my article at http://www.advocatedaily.com/jennifer-samara-shuber-childs-rights-trump-parents-in-custody-arrangements.html.
Any property used by married spouses at the date of separation as a family home is a “matrimonial home” under the Family Law Act. A matrimonial home is special and treated differently than any other...