FLEWFLEW
Family Law Education for WomenFamily Law Education for Women
A LEGAL INFORMATION
WORKSHOP PRESENTED
BY:
Ginny Santos
Project Manager
FLEW (Family Law Education for Women)
T 416 961 81...
Rules about marriage
 Who can marry?
 Age: How old do you have to be?
 Gender: Can women marry women?
 Religion: Can p...
WORKSHOP OUTLINEWORKSHOP OUTLINE
 Introduction to FLEWIntroduction to FLEW
 Legal OverviewLegal Overview
 ResourcesReso...
WHAT IS FLEW?WHAT IS FLEW?
WHAT IS FLEW?WHAT IS FLEW?
 Provincial public legal education (“PLE”)Provincial public legal education (“PLE”)
projectpro...
WHY WOMEN?WHY WOMEN?
Women continue to be disproportionatelyWomen continue to be disproportionately
impacted by family bre...
WHAT FLEW ISWHAT FLEW IS NOTNOT
 Materials are not a substitute for individualMaterials are not a substitute for individu...
WHO IS FLEW?WHO IS FLEW?
FLEW IS....FLEW IS....
 A project that is currently directed by anA project that is currently directed by an
Advisory Cou...
FLEW ADVISORY COUNCILFLEW ADVISORY COUNCIL
 Canadian Council of Muslim WomenCanadian Council of Muslim Women
(CCMW)(CCMW)...
WHERE DID FLEWWHERE DID FLEW
COME FROM?COME FROM?
BORN FROM COMMUNITYBORN FROM COMMUNITY
ADVOCACYADVOCACY
 evolved from the advocacy efforts of theevolved from the advocac...
HOW CAN FLEWHOW CAN FLEW
HELP?HELP?
FLEW LIBRARYFLEW LIBRARY
FLEW has developed a large library of publicFLEW has developed a large library of public
legal ed...
CORE FLEW MATERIALSCORE FLEW MATERIALS
1.1. Alternative Dispute Resolution &Alternative Dispute Resolution &
Family LawFam...
FLEW CORE MATERIALS,FLEW CORE MATERIALS,
CONT’D.CONT’D.
Materials are available in 13 languages:Materials are available in...
SPECIALIZED MATERIALSSPECIALIZED MATERIALS
 Funded partnerships with communityFunded partnerships with community
agencies...
ALTERNATIVE FORMATSALTERNATIVE FORMATS
 FLEW materials are available in multipleFLEW materials are available in multiple
...
HOW TO ORDER MATERIALSHOW TO ORDER MATERIALS
 All of the FLEW materials can be viewedAll of the FLEW materials can be vie...
www.onefamilylaw.cawww.onefamilylaw.ca
SUBSTANTIVE LAWSUBSTANTIVE LAW
REVIEWREVIEW
1.1. Domestic ContractsDomestic Contracts
2.2. Criminal and Family LawCriminal...
DomesticDomestic ContractsContracts
Types of Domestic ContractsTypes of Domestic Contracts
•CohabitationCohabitation AgreementsAgreements
•MarriageMarriage Co...
Cohabitation AgreementsCohabitation Agreements
•How couple wants to organize financesHow couple wants to organize finances...
Marriage ContractsMarriage Contracts
= Pre-nuptial agreements= Pre-nuptial agreements
•Same as cohabitation agreementsSame...
Separation AgreementsSeparation Agreements
•For married and common-law couplesFor married and common-law couples
•Can addr...
Enforcement of domesticEnforcement of domestic
contractscontracts
•Can be filed with the courtCan be filed with the court
...
Changing domestic contractsChanging domestic contracts
•A woman can challenge the contract inA woman can challenge the con...
CRIMINAL ANDCRIMINAL AND
FAMILY LAWFAMILY LAW
o What kinds of abuse are illegal?What kinds of abuse are illegal?
o What le...
WHAT KINDS OF ABUSE AREWHAT KINDS OF ABUSE ARE
ILLEGAL?ILLEGAL?
 Stalking / criminal harassmentStalking / criminal harass...
STALKING / CRIMINALSTALKING / CRIMINAL
HARASSMENTHARASSMENT
StalkingStalking is when an abuser does things tois when an ab...
ASSAULTASSAULT
AssaultAssault: when one person applies force to: when one person applies force to
another person, or attem...
SEXUAL ASSAULTSEXUAL ASSAULT
Sexual assaultSexual assault is a sexual act or touchis a sexual act or touch
that victim doe...
LEGAL REMEDIESLEGAL REMEDIES
1.1. Family court restraining ordersFamily court restraining orders
2.2. Terms of releaseTerm...
I. FAMILY COURT RESTRAININGI. FAMILY COURT RESTRAINING
ORDERSORDERS
 Available to spouses (including common law)Available...
EMERGENCY ORDERSEMERGENCY ORDERS
 In emergency circumstances, victim canIn emergency circumstances, victim can
seek a tem...
BREACH OF RESTRAININGBREACH OF RESTRAINING
ORDERORDER
 NEW!NEW! Breach of a restraining order is aBreach of a restraining...
II. TERMS OF RELEASEII. TERMS OF RELEASE
 Where abuser charged with criminalWhere abuser charged with criminal
offence, h...
COMMON TERMS OFCOMMON TERMS OF
RELEASERELEASE
• Terms of release almost always say that anTerms of release almost always s...
MORE POINTS ABOUT TERMSMORE POINTS ABOUT TERMS
OF RELEASE:OF RELEASE:
 Terms usually last until charges haveTerms usually...
III. PEACE BONDIII. PEACE BOND
 If someone has been threatened orIf someone has been threatened or
assaulted, they can ap...
WHY USE A PEACE BOND?WHY USE A PEACE BOND?
 If woman is not able to bringIf woman is not able to bring
application to fam...
HOW TO GET A PEACE BONDHOW TO GET A PEACE BOND
 Go to see local Justice of the PeaceGo to see local Justice of the Peace
...
AFTER HEARINGAFTER HEARING
 If JP believes woman has good reason toIf JP believes woman has good reason to
be afraid, she...
CUSTODY ANDCUSTODY AND
ACCESSACCESS
o DefinitionsDefinitions
o Different arrangementsDifferent arrangements
o Best interes...
CUSTODY AND ACCESSCUSTODY AND ACCESS
 Both parents have right to make decisionsBoth parents have right to make decisions
...
CUSTODYCUSTODY
custodycustody == decision-makingdecision-making
responsibilityresponsibility
(right to make decisions abo...
TYPES OF CUSTODYTYPES OF CUSTODY
ARRANGEMENTSARRANGEMENTS
1.1. Sole custodySole custody
2.2. Joint custodyJoint custody
3....
SOLE CUSTODYSOLE CUSTODY
 Custodial parent has right to makeCustodial parent has right to make
decisions independentlydec...
JOINT CUSTODYJOINT CUSTODY
 parents make all major decisions togetherparents make all major decisions together
 Joint cu...
SHARED OR SPLIT CUSTODYSHARED OR SPLIT CUSTODY
 Shared:Shared: where child spends at least 40where child spends at least ...
ACCESSACCESS
 right of the child to spend time withright of the child to spend time with
non-custodial parent and right o...
ACCESS SCHEDULESACCESS SCHEDULES
 access will almost always be grantedaccess will almost always be granted
 access can b...
ACCESS, CONT’D.ACCESS, CONT’D.
 veryvery rare for access to be deniedrare for access to be denied
outrightoutright
 if c...
BEST INTERESTS OF THE CHILDBEST INTERESTS OF THE CHILD
 For all aspects of custody and access, the onlyFor all aspects of...
DEALING WITH
FAMILY LAW
ISSUES:
A “Menu” of Dispute
Resolution Options
FAMILY
BREAKDOWN
When couples separate, they will have to deal with
several legal issues, for example:
•how to care for ch...
DISPUTE RESOLUTION
OPTIONS
• Informal arrangements
• Alternative Dispute Resolution (ADR)
1. negotiation
2. mediation
3. a...
INFORMAL
ARRANGEMENTS
• When a couple separates, they can
decide how to care for their children,
how to divide their prope...
DISPUTE RESOLUTION
(ADR)
• “Alternative” to going to court
(litigation) – less formal form of
dispute resolution
• ADR is ...
ADVANTAGES OF ADR
• Parties have more control over
case
• Parties choose method of ADR
that suits their family
• ADR may b...
WHEN ADR MAY NOT
BE APPROPRIATE
• There is a history of domestic
abuse
• There is a significant power
differential between...
FORMS OF ADR:
1. Negotiation
2. Mediation
3. Arbitration
4. Collaborative family law
NEGOTIATION
 Can be very informal
 Parties talk to each other and reach
an agreement
 More commonly, parties negotiate
...
MEDIATION
 Role of mediator is to help couple reach an
agreement on the issues in dispute
 Mediators are trained in deal...
ARBITRATION
 Couple hires third person to resolve conflict
– “Arbitrator”
 Arbitrators can decide custody, support,
acce...
COLLABORATIVE FAMILY
LAW
 each person must have a lawyer
 parties and their lawyers work together to resolve the
issues ...
LITIGATION
If a couple is not able to reach an
agreement themselves, and if ADR
has not worked or is not
appropriate, then...
Moving and TravelingMoving and Traveling
Read case scenarios and referRead case scenarios and refer
to FLEW bookletsto FLE...
KEY RESOURCESKEY RESOURCES
For legal assistance and informationFor legal assistance and information
WHERE TO GO FOR LEGALWHERE TO GO FOR LEGAL
ASSISTANCE?ASSISTANCE?
1.1. Legal Aid OntarioLegal Aid Ontario
 Certificate to...
WHERE TO GO FOR LEGALWHERE TO GO FOR LEGAL
INFORMATION?INFORMATION?
 FLEW:FLEW: www.onefamilylaw.cawww.onefamilylaw.ca
 ...
FLEWFLEW
c/o YWCA Torontoc/o YWCA Toronto
80 Woodlawn Ave East80 Woodlawn Ave East
Toronto, OntarioToronto, Ontario
M4T 1C...
E9 supporting chients with family law issues
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  • Thank you for invitation
    We will take a break
    ask questions at any time
  • What do we mean by PLE?
    Vulnerable due to any number of factors such as recent immigration, religion, ethno-cultural factors, language, disability, geographic location, poverty and, in many cases, a combination of these and reasons limiting access
  • Materials don't read like other PLE materials put out by government agencies. They use very plain language, they include warnings, and they include information that is sometimes difficult for women to hear, but that they are entitled to know.
    Statistic taken from www.stopviolence.ca: 2001, Juristat 22(7), Ottawa: Canadian Centre for Justice Statistics, Statistics Canada
  • Outreach and distribution efforts assisted by comprehensive network of community partners that we have built up over the course of the project. We maintain contact list and send out notices when we have new resources or languages available, or where there has been any developments in the law
    If you would like to be added to our list, please send me an email, or leave me your card after the session today
  • Springtide – formerly Education Wife Assault
  • Explain what arbitration is....
    Concern was that women would be pressured into agreeing to “alternative” dr like arbitration, and thereby give up rights under Canadian public law – rights they might not even know they had
    Outreach to women - in particular, isolated and vulnerable women
  • Imperative that materials speak to the questions and concerns of this target audience, in language that is accessible. To have legitimacy and credibility, materials must reflect the lived experience of these women.
    Why Women?
    - Anyone is welcome to refer to and use our materials
    Bkgrd in advocacy efforts of NRAC
    on family breakdown, women still more likely to lead single parents family, more likely to experience significant decline in std of living post-separation and much more likely to experience violence at hands of domestic partners. Materials are attempt to recognize this increased vulnerability and need.
    Materials don't read like other PLE materials put out by government agencies. They use very plain language, they include warnings, and they include information that is sometimes difficult for women to hear, but that they are entitled to know.
  • FLEW has developed a large library of public legal education materials for women, to assist them in understanding their rights under Ontario family law.
  • Series of plain language booklets dealing with 12 key areas under family law:
  • * = multi-lingual
  • Point out key tabs – legal info, how to order, specialized materials, language links, asl and dvd links, how to cover tracks
  • What kinds of abuse are illegal? What are some of the legal options available to women to protect themselves and their children from abuse?
  • Stalking:
  • Stalker may be sending messages through mail, voice mail, texts, email – can be delivered directly to victim or though someone else. If a woman is being stalked, she should keep a journal of all contacts with stalker. This record will help her convince the police and the court that he should be charged.
  • Assault is a crime, even if the victim is not physically hurt.
  • In Canada, a spouse can be charged with sexual assault.
    Re: threats: telling her that something bad will happen to her or someone she cares about, if she does not consent to sex act
    Sexual assault is a crime even if you are not physically hurt.
  • Bill 133 – passed 3rd reading – awaiting proclamation
  • Emergency= where a woman’s safety or her children’s safety is immediately threatened
  • If he is allowed out of jail, the court has granted bail.
  • Starting place: both parents have the same legal right to make decisions about the child’s care and upbringing.
    If parents don’t live together, they have to make plans for the child’s living arrangements and daily life
  • Under Canadian law, term custody does not refer to where the child lives (residency)
  • Parents must be able to work collaboratively.
  • access can be broadly worded (“reasonable and generous access upon request”) or may be set out in detailed schedule
  • Even parent seeking access has had minimal contact with child, or where history of abuse and/or other issues, access is likely to be ordered
  • Test is very amorphous and individualized. This is not the full list of factors. Note that list is not exhaustive, so court may consider any other information it feels is relevant to determine the best interests of the particular child at issue.
  • One partner can’t listen the other
    One partner can’t talk to your partner
    you cannot work cooperatively with your partner
    your partner has been abusive or violent
    your partner has tried to bully or scare you
    your partner can take advantage of you
    your partner has more power than you
  • Parents must be able to work collaboratively.
  • Most lawyers will try to negotiate before they decide to take the case to court.
  • Note that local clinics often have lists of local family law lawyers
  • E9 supporting chients with family law issues

    1. 1. FLEWFLEW Family Law Education for WomenFamily Law Education for Women
    2. 2. A LEGAL INFORMATION WORKSHOP PRESENTED BY: Ginny Santos Project Manager FLEW (Family Law Education for Women) T 416 961 8101 x 302  gsantos@onefamilylaw.ca Your feedback is important to me.
    3. 3. Rules about marriage  Who can marry?  Age: How old do you have to be?  Gender: Can women marry women?  Religion: Can people from different religions marry?  Polygamy: How many spouses can you have  Family ties: Can you marry your relatives?  Citizenship: Can you marry a visitor?
    4. 4. WORKSHOP OUTLINEWORKSHOP OUTLINE  Introduction to FLEWIntroduction to FLEW  Legal OverviewLegal Overview  ResourcesResources
    5. 5. WHAT IS FLEW?WHAT IS FLEW?
    6. 6. WHAT IS FLEW?WHAT IS FLEW?  Provincial public legal education (“PLE”)Provincial public legal education (“PLE”) projectproject  Funded by the government of OntarioFunded by the government of Ontario  FLEW’s goal is to provide accessibleFLEW’s goal is to provide accessible information to women in Ontario to assistinformation to women in Ontario to assist them in understanding their family lawthem in understanding their family law rights and how they can exercise themrights and how they can exercise them  particular emphasis on reaching womenparticular emphasis on reaching women who are vulnerable and isolatedwho are vulnerable and isolated
    7. 7. WHY WOMEN?WHY WOMEN? Women continue to be disproportionatelyWomen continue to be disproportionately impacted by family breakdown:impacted by family breakdown:  One to two women are murdered by a current or former partner each week in Canada.  More women are single parentMore women are single parent  Women more likely to have significant decline in stdWomen more likely to have significant decline in std of living after separationof living after separation  Women more likely to experience violence at theWomen more likely to experience violence at the hands of their intimate partnerhands of their intimate partner  Materials are attempt to recognize thisMaterials are attempt to recognize this increased vulnerability and needincreased vulnerability and need  Anyone is welcome to use our materialsAnyone is welcome to use our materials
    8. 8. WHAT FLEW ISWHAT FLEW IS NOTNOT  Materials are not a substitute for individualMaterials are not a substitute for individual legal advice and representationlegal advice and representation  They are aThey are a startingstarting place for womenplace for women  They are not self-help toolsThey are not self-help tools  FLEW isFLEW is notnot a direct service agency anda direct service agency and cannot provide individual legal advice orcannot provide individual legal advice or representationrepresentation
    9. 9. WHO IS FLEW?WHO IS FLEW?
    10. 10. FLEW IS....FLEW IS....  A project that is currently directed by anA project that is currently directed by an Advisory Council of 5 community agenciesAdvisory Council of 5 community agencies  Has recently moved into second stage ofHas recently moved into second stage of project, focused on outreach andproject, focused on outreach and distributiondistribution
    11. 11. FLEW ADVISORY COUNCILFLEW ADVISORY COUNCIL  Canadian Council of Muslim WomenCanadian Council of Muslim Women (CCMW)(CCMW)  Community Legal Education OntarioCommunity Legal Education Ontario (CLEO)(CLEO)  Metropolitan Action Committee onMetropolitan Action Committee on Violence Against Women and ChildrenViolence Against Women and Children (METRAC)(METRAC)  Springtide ResourcesSpringtide Resources  YWCA TorontoYWCA Toronto
    12. 12. WHERE DID FLEWWHERE DID FLEW COME FROM?COME FROM?
    13. 13. BORN FROM COMMUNITYBORN FROM COMMUNITY ADVOCACYADVOCACY  evolved from the advocacy efforts of theevolved from the advocacy efforts of the No Religious Arbitration CoalitionNo Religious Arbitration Coalition  NRAC came together to advocate againstNRAC came together to advocate against the use of religious arbitration in family lawthe use of religious arbitration in family law in Ontarioin Ontario    their work highlighted the need fortheir work highlighted the need for widespread public family law educationwidespread public family law education and outreach across the provinceand outreach across the province
    14. 14. HOW CAN FLEWHOW CAN FLEW HELP?HELP?
    15. 15. FLEW LIBRARYFLEW LIBRARY FLEW has developed a large library of publicFLEW has developed a large library of public legal education materials for women, to assistlegal education materials for women, to assist them in understanding their rights underthem in understanding their rights under Ontario family law.Ontario family law. Two “streams” of materials:Two “streams” of materials: 1.1. Core materialsCore materials 2.2. Specialized materialsSpecialized materials
    16. 16. CORE FLEW MATERIALSCORE FLEW MATERIALS 1.1. Alternative Dispute Resolution &Alternative Dispute Resolution & Family LawFamily Law 2.2. Child Protection & Family LawChild Protection & Family Law 3.3. Child SupportChild Support 4.4. Criminal and Family LawCriminal and Family Law 5.5. Custody and AccessCustody and Access 6.6. Family Law for Immigrant,Family Law for Immigrant, Refugee and Non-Status WomenRefugee and Non-Status Women 7.7. Domestic ContractsDomestic Contracts 8.8. Family Law ArbitrationFamily Law Arbitration 9.9. Finding Help with yourFinding Help with your Family Law ProblemFamily Law Problem 10.10. How Property is Divided inHow Property is Divided in Family LawFamily Law 11.11. Marriage and DivorceMarriage and Divorce 12.12. Spousal SupportSpousal Support
    17. 17. FLEW CORE MATERIALS,FLEW CORE MATERIALS, CONT’D.CONT’D. Materials are available in 13 languages:Materials are available in 13 languages: English, French, Arabic, Chinese (SimplifiedEnglish, French, Arabic, Chinese (Simplified and Traditional), Farsi, Somali, Spanish,and Traditional), Farsi, Somali, Spanish, Punjabi, Urdu and Tamil.Punjabi, Urdu and Tamil. BRAND NEW!:BRAND NEW!: Russian and KoreanRussian and Korean
    18. 18. SPECIALIZED MATERIALSSPECIALIZED MATERIALS  Funded partnerships with communityFunded partnerships with community agencies to adapt core materials foragencies to adapt core materials for specific communities of womenspecific communities of women  Target audiences for these materials:Target audiences for these materials:  Aboriginal womenAboriginal women  Jewish women*Jewish women*  Muslim women*Muslim women*  Christian women*Christian women*  Immigrant domestic caregiversImmigrant domestic caregivers  Francophone womenFrancophone women
    19. 19. ALTERNATIVE FORMATSALTERNATIVE FORMATS  FLEW materials are available in multipleFLEW materials are available in multiple formats to increase their accessibility forformats to increase their accessibility for women with disabilities and Deaf women:women with disabilities and Deaf women:  Large printLarge print  BrailleBraille  Audio CDs – with text and audio filesAudio CDs – with text and audio files  DVDs of materials in ASLDVDs of materials in ASL
    20. 20. HOW TO ORDER MATERIALSHOW TO ORDER MATERIALS  All of the FLEW materials can be viewedAll of the FLEW materials can be viewed and downloaded from our website atand downloaded from our website at www.onefamilylaw.cawww.onefamilylaw.ca  Can order hard copiesCan order hard copies free of chargefree of charge  Order on-line or via telephoneOrder on-line or via telephone                         416 326 5300   (Toronto)416 326 5300   (Toronto)                             1 800 668 9938  (free across Canada)1 800 668 9938  (free across Canada)                             416 325 3408 (TTY)416 325 3408 (TTY)                             1 800 268 7095 (TTY)       1 800 268 7095 (TTY)       
    21. 21. www.onefamilylaw.cawww.onefamilylaw.ca
    22. 22. SUBSTANTIVE LAWSUBSTANTIVE LAW REVIEWREVIEW 1.1. Domestic ContractsDomestic Contracts 2.2. Criminal and Family LawCriminal and Family Law 3.3. Custody and AccessCustody and Access 4.4. Alternative Dispute ResolutionAlternative Dispute Resolution 5.5. Moving and Travelling afterMoving and Travelling after separationseparation 6.6. ResourcesResources
    23. 23. DomesticDomestic ContractsContracts
    24. 24. Types of Domestic ContractsTypes of Domestic Contracts •CohabitationCohabitation AgreementsAgreements •MarriageMarriage ContractsContracts •SeparationSeparation AgreementsAgreements
    25. 25. Cohabitation AgreementsCohabitation Agreements •How couple wants to organize financesHow couple wants to organize finances •What will be done in the event ofWhat will be done in the event of separation (property, spousal support)separation (property, spousal support) •Cannot say anything about custody andCannot say anything about custody and access of childrenaccess of children •Important for common-law couplesImportant for common-law couples
    26. 26. Marriage ContractsMarriage Contracts = Pre-nuptial agreements= Pre-nuptial agreements •Same as cohabitation agreementsSame as cohabitation agreements •Can say how assets and debts areCan say how assets and debts are divided, including the value of thedivided, including the value of the matrimonial home.matrimonial home. •Married spouses have equal rights toMarried spouses have equal rights to live in the matrimonial home. Marriagelive in the matrimonial home. Marriage contracts cannot change these rights.contracts cannot change these rights.
    27. 27. Separation AgreementsSeparation Agreements •For married and common-law couplesFor married and common-law couples •Can address custody and access issuesCan address custody and access issues •Faster than going to courtFaster than going to court
    28. 28. Enforcement of domesticEnforcement of domestic contractscontracts •Can be filed with the courtCan be filed with the court •The court will enforce the contractThe court will enforce the contract •Do not sign a contract without legalDo not sign a contract without legal adviceadvice •The FRO will enforce support clausesThe FRO will enforce support clauses •Contracts are NOT reviewed by theContracts are NOT reviewed by the courtcourt
    29. 29. Changing domestic contractsChanging domestic contracts •A woman can challenge the contract inA woman can challenge the contract in court if she can show:court if she can show: •Her partner was not honest about hisHer partner was not honest about his financesfinances •She was pressured into signingShe was pressured into signing •The agreement is extremely unfairThe agreement is extremely unfair •Courts are more likely to changeCourts are more likely to change sections on spousal support thansections on spousal support than other parts of the contractother parts of the contract
    30. 30. CRIMINAL ANDCRIMINAL AND FAMILY LAWFAMILY LAW o What kinds of abuse are illegal?What kinds of abuse are illegal? o What legal options are available toWhat legal options are available to women to protect themselves?women to protect themselves?
    31. 31. WHAT KINDS OF ABUSE AREWHAT KINDS OF ABUSE ARE ILLEGAL?ILLEGAL?  Stalking / criminal harassmentStalking / criminal harassment  AssaultAssault  Sexual assaultSexual assault NOTE: Emotional abuse isNOTE: Emotional abuse is notnot a crime ina crime in CanadaCanada
    32. 32. STALKING / CRIMINALSTALKING / CRIMINAL HARASSMENTHARASSMENT StalkingStalking is when an abuser does things tois when an abuser does things to scare his victim. Common stalkingscare his victim. Common stalking behaviours include:behaviours include:  Monitoring and followingMonitoring and following  Sending giftsSending gifts  vandalismvandalism  Trying to contact victim or send messages toTrying to contact victim or send messages to victimvictim  Threatens victim or her familyThreatens victim or her family
    33. 33. ASSAULTASSAULT AssaultAssault: when one person applies force to: when one person applies force to another person, or attempts or threatens toanother person, or attempts or threatens to apply force to another person.apply force to another person. Assault can include:Assault can include:  verbal threats of violenceverbal threats of violence  slappingslapping  shovingshoving  kickingkicking  punchingpunching  stabbingstabbing
    34. 34. SEXUAL ASSAULTSEXUAL ASSAULT Sexual assaultSexual assault is a sexual act or touchis a sexual act or touch that victim does not consent to. Sexualthat victim does not consent to. Sexual assault can include:assault can include:  an unwanted kissan unwanted kiss  a sexual toucha sexual touch  forced penetrationforced penetration  forcing victim to do any of these things orforcing victim to do any of these things or other sexual acts by using threatsother sexual acts by using threats
    35. 35. LEGAL REMEDIESLEGAL REMEDIES 1.1. Family court restraining ordersFamily court restraining orders 2.2. Terms of releaseTerms of release 3.3. Peace bondPeace bond
    36. 36. I. FAMILY COURT RESTRAININGI. FAMILY COURT RESTRAINING ORDERSORDERS  Available to spouses (including common law)Available to spouses (including common law) and former spousesand former spouses  NEW!NEW! Now available to women in datingNow available to women in dating relationships as long as they cohabited “atrelationships as long as they cohabited “at some point”some point”  Applicant must persuade judge that she hasApplicant must persuade judge that she has reasonable fear for her safetyreasonable fear for her safety  Order can restrict partner from contacting orOrder can restrict partner from contacting or attempting to contact her and her family, andattempting to contact her and her family, and ordering him to stay a certain distance awayordering him to stay a certain distance away from herfrom her  order may be for a specified period of time ororder may be for a specified period of time or indefiniteindefinite
    37. 37. EMERGENCY ORDERSEMERGENCY ORDERS  In emergency circumstances, victim canIn emergency circumstances, victim can seek a temporary restraining order on anseek a temporary restraining order on an ex parteex parte basisbasis  ex parteex parte means she is asking the court tomeans she is asking the court to grant the order without notice to thegrant the order without notice to the respondentrespondent  to ensure that she has some protection into ensure that she has some protection in placeplace beforebefore the usual court processthe usual court process beginsbegins
    38. 38. BREACH OF RESTRAININGBREACH OF RESTRAINING ORDERORDER  NEW!NEW! Breach of a restraining order is aBreach of a restraining order is a criminal offencecriminal offence  Violations should be reported to the policeViolations should be reported to the police  if a woman want to change terms ofif a woman want to change terms of existing RO, she must bring an applicationexisting RO, she must bring an application to the courtto the court
    39. 39. II. TERMS OF RELEASEII. TERMS OF RELEASE  Where abuser charged with criminalWhere abuser charged with criminal offence, he may be released by the policeoffence, he may be released by the police or held for a bail hearingor held for a bail hearing  At this hearing, the court will decide if heAt this hearing, the court will decide if he should be held in jail until his trial orshould be held in jail until his trial or allowed out. This is called grantingallowed out. This is called granting bailbail..  Accused must usually follow strictAccused must usually follow strict conditions. These are calledconditions. These are called terms ofterms of release,release, or bail conditions.or bail conditions.
    40. 40. COMMON TERMS OFCOMMON TERMS OF RELEASERELEASE • Terms of release almost always say that anTerms of release almost always say that an abuser must stay away from his victimabuser must stay away from his victim • Often the terms of release also say that theOften the terms of release also say that the abuser:abuser:  must be home by a certain timemust be home by a certain time  is not allowed to consume alcohol or drugsis not allowed to consume alcohol or drugs  is not allowed to own or have firearmsis not allowed to own or have firearms  must live in a certain placemust live in a certain place  must report regularly to the policemust report regularly to the police  may have access to the children only through a court ordermay have access to the children only through a court order
    41. 41. MORE POINTS ABOUT TERMSMORE POINTS ABOUT TERMS OF RELEASE:OF RELEASE:  Terms usually last until charges haveTerms usually last until charges have been dealt withbeen dealt with  If accused violates terms of release, heIf accused violates terms of release, he may be charged with new criminal offencemay be charged with new criminal offence  If accused repeatedly violates terms, courtIf accused repeatedly violates terms, court may revoke bail and keep him in jail untilmay revoke bail and keep him in jail until the trialthe trial
    42. 42. III. PEACE BONDIII. PEACE BOND  If someone has been threatened orIf someone has been threatened or assaulted, they can apply to court for aassaulted, they can apply to court for a peace bondpeace bond  Can also apply for peace bond if abuserCan also apply for peace bond if abuser vandalizes victim’s propertyvandalizes victim’s property  Peace bond can tell abuser to stay awayPeace bond can tell abuser to stay away from victim, her property and her family forfrom victim, her property and her family for up to one yearup to one year  Peace bond isPeace bond is notnot a criminal offence,a criminal offence, butbut breach of peace bondbreach of peace bond isis
    43. 43. WHY USE A PEACE BOND?WHY USE A PEACE BOND?  If woman is not able to bringIf woman is not able to bring application to family court (never livedapplication to family court (never lived with abuser)with abuser)  If she does not want to involve police,If she does not want to involve police, or if she told police but they did notor if she told police but they did not lay a criminal chargelay a criminal charge
    44. 44. HOW TO GET A PEACE BONDHOW TO GET A PEACE BOND  Go to see local Justice of the PeaceGo to see local Justice of the Peace  Must swear to tell truth, then explain whyMust swear to tell truth, then explain why you are afraid of abuseryou are afraid of abuser  Abuser will have notice of application andAbuser will have notice of application and will be invited to replywill be invited to reply  Usually a hearingUsually a hearing
    45. 45. AFTER HEARINGAFTER HEARING  If JP believes woman has good reason toIf JP believes woman has good reason to be afraid, she will order abuser to sign abe afraid, she will order abuser to sign a peace bond. PB can last for up to onepeace bond. PB can last for up to one year.year.  If JP does not believe woman, or believesIf JP does not believe woman, or believes that both people are responsible for thethat both people are responsible for the situation, she may ask both of them tosituation, she may ask both of them to sign asign a mutual peace bondmutual peace bond  Some abusers use mutual peace bondsSome abusers use mutual peace bonds as way of controlling and harassingas way of controlling and harassing victims – will trick her into getting too closevictims – will trick her into getting too close so that he can call police and have herso that he can call police and have her
    46. 46. CUSTODY ANDCUSTODY AND ACCESSACCESS o DefinitionsDefinitions o Different arrangementsDifferent arrangements o Best interests of the childBest interests of the child
    47. 47. CUSTODY AND ACCESSCUSTODY AND ACCESS  Both parents have right to make decisionsBoth parents have right to make decisions about child’s care and upbringingabout child’s care and upbringing  parents can reach an agreement betweenparents can reach an agreement between themselves to resolve these issuesthemselves to resolve these issues  alternatively, either one can apply to thealternatively, either one can apply to the court for an order forcourt for an order for custodycustody and/orand/or accessaccess
    48. 48. CUSTODYCUSTODY custodycustody == decision-makingdecision-making responsibilityresponsibility (right to make decisions about the(right to make decisions about the child’s health, education, religiouschild’s health, education, religious upbringing, etc.)upbringing, etc.) Custody does not meanCustody does not mean residencyresidency
    49. 49. TYPES OF CUSTODYTYPES OF CUSTODY ARRANGEMENTSARRANGEMENTS 1.1. Sole custodySole custody 2.2. Joint custodyJoint custody 3.3. Split or shared custodySplit or shared custody Drawing activityDrawing activity
    50. 50. SOLE CUSTODYSOLE CUSTODY  Custodial parent has right to makeCustodial parent has right to make decisions independentlydecisions independently  Other parent usually has right toOther parent usually has right to information; may have right to beinformation; may have right to be consultedconsulted  Custodial parent often hasCustodial parent often has primaryprimary residencyresidency
    51. 51. JOINT CUSTODYJOINT CUSTODY  parents make all major decisions togetherparents make all major decisions together  Joint custody does not automatically meanJoint custody does not automatically mean equal residencyequal residency  parents must be able to put child’sparents must be able to put child’s interests firstinterests first  not appropriate where there has beennot appropriate where there has been history of abuse, intimidation or wherehistory of abuse, intimidation or where parents are unable to communicate withparents are unable to communicate with each othereach other
    52. 52. SHARED OR SPLIT CUSTODYSHARED OR SPLIT CUSTODY  Shared:Shared: where child spends at least 40where child spends at least 40 % of time with each parent% of time with each parent  Split:Split: where children are split betweenwhere children are split between parental householdsparental households  These arrangements impact on calculationThese arrangements impact on calculation of child supportof child support
    53. 53. ACCESSACCESS  right of the child to spend time withright of the child to spend time with non-custodial parent and right of thatnon-custodial parent and right of that parent to spend time with childparent to spend time with child  Access parents usually have the rightAccess parents usually have the right to information about the child’s health,to information about the child’s health, welfare and educationwelfare and education
    54. 54. ACCESS SCHEDULESACCESS SCHEDULES  access will almost always be grantedaccess will almost always be granted  access can be broadly worded oraccess can be broadly worded or may be set out in detailed schedulemay be set out in detailed schedule  if child is very young, or there hasif child is very young, or there has not been much access, may usenot been much access, may use graduated access schedulegraduated access schedule
    55. 55. ACCESS, CONT’D.ACCESS, CONT’D.  veryvery rare for access to be deniedrare for access to be denied outrightoutright  if courts persuaded there is a seriousif courts persuaded there is a serious risk of harm, may order access to berisk of harm, may order access to be supervisedsupervised by designated thirdby designated third party or at a supervised accessparty or at a supervised access centrecentre
    56. 56. BEST INTERESTS OF THE CHILDBEST INTERESTS OF THE CHILD  For all aspects of custody and access, the onlyFor all aspects of custody and access, the only legal consideration is thelegal consideration is the best interests of thebest interests of the childchild  ““Best interests”Best interests” is a legal test that requires theis a legal test that requires the court to consider a number of factors, including:court to consider a number of factors, including:  ties between the child and the person seeking custody/access;ties between the child and the person seeking custody/access;  the child’s views and preferences;the child’s views and preferences;  the ability of each person to provide for the child;the ability of each person to provide for the child;  the ability of each person to act as a parent;the ability of each person to act as a parent;  Courts areCourts are requiredrequired to take into account any history ofto take into account any history of abuse, including abuse directed at a spouse or anyabuse, including abuse directed at a spouse or any other member of the householdother member of the household
    57. 57. DEALING WITH FAMILY LAW ISSUES: A “Menu” of Dispute Resolution Options
    58. 58. FAMILY BREAKDOWN When couples separate, they will have to deal with several legal issues, for example: •how to care for children – where they will live; how much time they will spend with each parent; how important decisions about their care will be made • financial support • how to divide property • ending the marriage
    59. 59. DISPUTE RESOLUTION OPTIONS • Informal arrangements • Alternative Dispute Resolution (ADR) 1. negotiation 2. mediation 3. arbitration 4.collaborative family law • Litigation
    60. 60. INFORMAL ARRANGEMENTS • When a couple separates, they can decide how to care for their children, how to divide their property etc. on their own • Many couples make these decisions, without talking to a lawyer or taking any formal legal steps
    61. 61. DISPUTE RESOLUTION (ADR) • “Alternative” to going to court (litigation) – less formal form of dispute resolution • ADR is voluntary – people cannot be forced to participate
    62. 62. ADVANTAGES OF ADR • Parties have more control over case • Parties choose method of ADR that suits their family • ADR may be faster and cheaper than a court case • ADR may be less upsetting or damaging than going to court
    63. 63. WHEN ADR MAY NOT BE APPROPRIATE • There is a history of domestic abuse • There is a significant power differential between the parties • The couple is not able to work cooperatively • The couple is not able to communicate
    64. 64. FORMS OF ADR: 1. Negotiation 2. Mediation 3. Arbitration 4. Collaborative family law
    65. 65. NEGOTIATION  Can be very informal  Parties talk to each other and reach an agreement  More commonly, parties negotiate through their lawyers  If parties reach an agreement, terms of agreement will be set out in writing for parties to sign – “separation agreement”  If the agreement is not in writing, it will be difficult to enforce. 
    66. 66. MEDIATION  Role of mediator is to help couple reach an agreement on the issues in dispute  Mediators are trained in dealing with conflict – may be social worker, psychologist or lawyer  must be neutral– can’t favour one side  May suggest ways to resolve conflict, but can't give legal advice and or impose terms  Mediation is voluntary – parties can leave at any point before agreement is reached
    67. 67. ARBITRATION  Couple hires third person to resolve conflict – “Arbitrator”  Arbitrators can decide custody, support, access and how to divide property – but cannot grant a divorce or an annulment  Arbitrator’s decision is binding  Unlike mediation, once process begins, parties cannot walk away  Arbitrator must use only Canadian or Ontario family law  Difficult to overturn arbitrator’s decision
    68. 68. COLLABORATIVE FAMILY LAW  each person must have a lawyer  parties and their lawyers work together to resolve the issues through a series of meetings  Parties must be committed to process and agree that they will not litigate, or use threat of litigation, to pressure the other side  if process beaks down, each person must hire new lawyer to represent them in court  Collaborative family law is often faster and more relaxed than litigation – may be less expensive  usually only works where people respect each other and work together to solve their problems
    69. 69. LITIGATION If a couple is not able to reach an agreement themselves, and if ADR has not worked or is not appropriate, then either one of them can apply to the court for an order to deal with the outstanding issues
    70. 70. Moving and TravelingMoving and Traveling Read case scenarios and referRead case scenarios and refer to FLEW bookletsto FLEW booklets
    71. 71. KEY RESOURCESKEY RESOURCES For legal assistance and informationFor legal assistance and information
    72. 72. WHERE TO GO FOR LEGALWHERE TO GO FOR LEGAL ASSISTANCE?ASSISTANCE? 1.1. Legal Aid OntarioLegal Aid Ontario  Certificate to retain private bar lawyerCertificate to retain private bar lawyer  2 hour DV consultation2 hour DV consultation  Duty counsel in courtsDuty counsel in courts  Family Law Information Centres (FLIC)Family Law Information Centres (FLIC) 1.1. LSUC’s Lawyer Referral ServiceLSUC’s Lawyer Referral Service  regular line: 1-900-565-4577regular line: 1-900-565-4577  emergency line: 1 (800) 268-8326emergency line: 1 (800) 268-8326
    73. 73. WHERE TO GO FOR LEGALWHERE TO GO FOR LEGAL INFORMATION?INFORMATION?  FLEW:FLEW: www.onefamilylaw.cawww.onefamilylaw.ca  CLEO:CLEO: www.cleo.on.cawww.cleo.on.ca  NFF:NFF: www.neighboursfriendsandfamilies.cawww.neighboursfriendsandfamilies.ca  Ministry of Attorney General (Ministry of Attorney General ( www.attorneygeneral.jus.gov.on.cawww.attorneygeneral.jus.gov.on.ca))
    74. 74. FLEWFLEW c/o YWCA Torontoc/o YWCA Toronto 80 Woodlawn Ave East80 Woodlawn Ave East Toronto, OntarioToronto, Ontario M4T 1C1M4T 1C1

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