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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 8101 x 302 
gsantos@onefamilylaw.ca
Your
feedback is
important to
me.
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?
WORKSHOP OUTLINEWORKSHOP OUTLINE
 Introduction to FLEWIntroduction to FLEW
 Legal OverviewLegal Overview
 ResourcesResources
WHAT IS FLEW?WHAT IS FLEW?
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
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
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
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 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
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
WHERE DID FLEWWHERE DID FLEW
COME FROM?COME FROM?
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
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 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
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
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
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
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
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)       
www.onefamilylaw.cawww.onefamilylaw.ca
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
DomesticDomestic ContractsContracts
Types of Domestic ContractsTypes of Domestic Contracts
•CohabitationCohabitation AgreementsAgreements
•MarriageMarriage ContractsContracts
•SeparationSeparation AgreementsAgreements
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
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.
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
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
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
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?
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
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
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
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
LEGAL REMEDIESLEGAL REMEDIES
1.1. Family court restraining ordersFamily court restraining orders
2.2. Terms of releaseTerms of release
3.3. Peace bondPeace bond
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
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
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
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.
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
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
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
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
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
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
CUSTODY ANDCUSTODY AND
ACCESSACCESS
o DefinitionsDefinitions
o Different arrangementsDifferent arrangements
o Best interests of the childBest interests of the child
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
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
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
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
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
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
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
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
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
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
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 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
DISPUTE RESOLUTION
OPTIONS
• Informal arrangements
• Alternative Dispute Resolution (ADR)
1. negotiation
2. mediation
3. arbitration
4.collaborative family law
• Litigation
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
DISPUTE RESOLUTION
(ADR)
• “Alternative” to going to court
(litigation) – less formal form of
dispute resolution
• ADR is voluntary – people cannot
be forced to participate
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
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
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
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. 
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
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
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
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
Moving and TravelingMoving and Traveling
Read case scenarios and referRead case scenarios and refer
to FLEW bookletsto FLEW booklets
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 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
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))
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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E9 supporting chients with family law issues

  • 1. FLEWFLEW Family Law Education for WomenFamily Law Education for Women
  • 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. 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. WORKSHOP OUTLINEWORKSHOP OUTLINE  Introduction to FLEWIntroduction to FLEW  Legal OverviewLegal Overview  ResourcesResources
  • 5. WHAT IS FLEW?WHAT IS FLEW?
  • 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. 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. 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. WHO IS FLEW?WHO IS FLEW?
  • 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. 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. WHERE DID FLEWWHERE DID FLEW COME FROM?COME FROM?
  • 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. HOW CAN FLEWHOW CAN FLEW HELP?HELP?
  • 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. 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. 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. 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. 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. 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)       
  • 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
  • 24. Types of Domestic ContractsTypes of Domestic Contracts •CohabitationCohabitation AgreementsAgreements •MarriageMarriage ContractsContracts •SeparationSeparation AgreementsAgreements
  • 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. CUSTODY ANDCUSTODY AND ACCESSACCESS o DefinitionsDefinitions o Different arrangementsDifferent arrangements o Best interests of the childBest interests of the child
  • 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. DEALING WITH FAMILY LAW ISSUES: A “Menu” of Dispute Resolution Options
  • 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. DISPUTE RESOLUTION OPTIONS • Informal arrangements • Alternative Dispute Resolution (ADR) 1. negotiation 2. mediation 3. arbitration 4.collaborative family law • Litigation
  • 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. 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. 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. 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. FORMS OF ADR: 1. Negotiation 2. Mediation 3. Arbitration 4. Collaborative family law
  • 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. 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. 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. 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. 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. Moving and TravelingMoving and Traveling Read case scenarios and referRead case scenarios and refer to FLEW bookletsto FLEW booklets
  • 71. KEY RESOURCESKEY RESOURCES For legal assistance and informationFor legal assistance and information
  • 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.
  • 74. 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))
  • 75. FLEWFLEW c/o YWCA Torontoc/o YWCA Toronto 80 Woodlawn Ave East80 Woodlawn Ave East Toronto, OntarioToronto, Ontario M4T 1C1M4T 1C1

Editor's Notes

  1. Thank you for invitation We will take a break ask questions at any time
  2. 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
  3. 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
  4. 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
  5. Springtide – formerly Education Wife Assault
  6. 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
  7. 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.
  8. FLEW has developed a large library of public legal education materials for women, to assist them in understanding their rights under Ontario family law.
  9. Series of plain language booklets dealing with 12 key areas under family law:
  10. * = multi-lingual
  11. Point out key tabs – legal info, how to order, specialized materials, language links, asl and dvd links, how to cover tracks
  12. What kinds of abuse are illegal? What are some of the legal options available to women to protect themselves and their children from abuse?
  13. Stalking:
  14. 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.
  15. Assault is a crime, even if the victim is not physically hurt.
  16. 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.
  17. Bill 133 – passed 3rd reading – awaiting proclamation
  18. Emergency= where a woman’s safety or her children’s safety is immediately threatened
  19. If he is allowed out of jail, the court has granted bail.
  20. 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
  21. Under Canadian law, term custody does not refer to where the child lives (residency)
  22. Parents must be able to work collaboratively.
  23. access can be broadly worded (“reasonable and generous access upon request”) or may be set out in detailed schedule
  24. 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
  25. 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.
  26. 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
  27. Parents must be able to work collaboratively.
  28. Most lawyers will try to negotiate before they decide to take the case to court.
  29. Note that local clinics often have lists of local family law lawyers