DeRusha Law Firm

A spouse’s claim to spousal support is not based on whether the spouse’s actions have led to the breakdown of the marriage. Rather it is based on whether that person has shown that they are entitled to spousal support because of the negative financial consequences suffered as a result of the breakdown of the marriage. The legislation that deals with spousal support for married persons is the Divorce Act. This Act requires that the spouse seeking spousal support prove their

Courts in Ontario resolve custody and access applications on the basis of what is known as the “best interests of the child”. The test is applicable under both the Divorce Act and the Children’s Law Reform Act. In order to determine the best interests of the child, the Court considers a number of factors including the child’s physical well-being; a child’s emotional well-being and security; the concerned parent’s plan for the child’s education and maintenance; the child’s fin

The term “access” in Family Law refers to the time the non-custodial parent has the child in his or her care. Access includes the right to make inquiries about the child and to be given information about the child’s health, education, and welfare. Day-to-day decisions are usually made by the parent in whose care the child is according to the access schedule agreed between the parents.

There is no statutory definition of the term “custody”. Custody refers to the right and responsibility of a parent to make major decisions for his or her child. Major decisions generally include those decisions concerning education, religion and non-emergency health care of a child. A non-parent may also make a custody application. Sole custody means that one parent shall make all major decisions for the minor child. Joint custody means that both parents shall make major deci