STERLING LAW

Navigating Divorce in the GTA: A Strategic Guide to Clarity and Control

Wed, 15 Apr 2026 18:00:41 GMT

The decision to end a marriage is often one of the most significant and emotionally taxing transitions a person will ever experience. In the Greater Toronto Area where personal lives are frequently intertwined with complex financial interests, private corporations, and high-value real estate, the process requires more than just a legal filing—it demands a sophisticated strategy. At Sterling Law , we believe that while divorce is an ending, the way it is handled defines your new beginning.

Established in 1992 and based in Brampton, Ontario, Sterling Law has spent over three decades acting as a trusted authority in family law. Founded and led by Principal Attorney Helen Sterling Clarke , our firm operates on a foundational philosophy: "Results are second only to your needs." With over thirty years of legal experience, we serve as strategic partners for individuals and business owners, ensuring that even in the midst of emotional upheaval, your hard work, legacy, and family's best interests remain protected.

Eight Mistakes That Can Delay Your Divorce in Ontario

In the Ontario court system, efficiency is not guaranteed. Without precise legal guidance, a divorce can easily stretch into many years. To maintain control over your timeline and your finances, it is essential to avoid these common pitfalls.

1. Filing Incomplete or Incorrect Paperwork

The Ontario courts are particular. A single missing financial disclosure or an incorrectly filed form can lead to a summary rejection of your application. These minor administrative errors can set your case back, causing months of unnecessary delay.

2. Failing to Disclose Financial Information

Transparency is a legal requirement under Ontario’s Family Law Act . Hiding assets, income, or debts is not only unethical but strategically disastrous. If one party is found to be withholding information, the process often shifts from a manageable negotiation into aggressive litigation, dramatically increasing both the timeline and legal costs.

3. Letting Emotions Control the Strategy

While divorce is inherently personal, allowing resentment to drive your legal decisions is a recipe for delay. Refusing a reasonable offer out of spite or escalating minor disputes into "hills to die on" only serves to prolong the process and increase the emotional toll on everyone involved.

4. Disagreements Over Parenting Arrangements

Parenting time and decision-making responsibility are often the most contentious issues. However, the court’s sole priority is the "best interests of the child." When parents remain locked in conflict, the court may require additional assessments and hearings, which can add significant time to the legal proceedings.

5. Ignoring Court Deadlines and Procedures

Ontario’s legal system operates on a strict schedule. Late filings or missed appearances can lead to adjournments, effectively pushing your divorce further into the future. Staying compliant with procedural requirements is the fastest way to move toward a final decree.

6. Choosing the Wrong Legal Strategy

Many people assume that going to court is the only way to "win." In reality, litigation is often the slowest route. At Sterling Law, we are great litigators, but we also champion Collaborative Family Law and Mediation . These alternative methods are often faster, more discreet, and more cost-effective.

7. Underestimating Complex Asset Valuation

Divorces involving private corporations, family trusts, or professional practices may require expertise from valuators, accounting and tax experts as well as experts in specialised industries. Without an accurate valuation of one’s "net family property," equalization and property settlements becomes a guessing game that can result in long-term financial loss and legal disputes.

8. Attempting a "DIY" Divorce

The "Do-It-Yourself" approach often leads to the most significant delays. Without an experienced legal partner to navigate the Family Law legislation, the complexities of spousal support guidelines or business valuations, people often miss critical details that eventually force them to restart the process with professional help.

The Sterling Law Advantage: Financial Insight Meets Empathy

Sterling Law is set apart by our ability to handle high-stakes matters involving Complex Asset Division . We specialize in the equalization of property that involves corporate income structures and investment portfolios. Our team works to ensure that your business and personal assets are treated fairly, providing the clarity needed to reach a sustainable resolution.

The "Sterling" Standard of Service

We understand that when you contact a law firm, you are often at a breaking point. Our service standard is designed to provide immediate relief through a three-step approach:

Immediate Answers: We provide initial guidance to put your mind at ease.
Assuming the Burden: Once retained, we take over the management of all legal timelines.
Swift Action: We move decisively to protect you from financial harm or emotional loss.

Whether through in-person meetings at our Mississauga or Brampton offices or our secure virtual services—including video consultations and digital document signing—we make superior legal advocacy accessible and convenient.

Protecting Your Future and Your Legacy

A divorce is more than a legal dissolution; it is a restructuring of your life’s work. By approaching the process with discipline and the right strategic partner, you can navigate this transition optimally.

At Sterling Law, we don’t just represent you; we advocate for your long-term stability. With over three decades of experience in the GTA, we have the depth and expertise to guide you through even the most complex family law challenges.

Take the first step toward clarity and confidence.

Book Your Consultation Today with Sterling Law.

Take control of your trajectory and protect what you have built. Let our experience be your advantage in securing your life, wealth and legacy.

Ensuring Their Future: How is Child Support Calculated in Toronto?

Tue, 17 Mar 2026 18:21:23 GMT

The Financial Reality of Raising a Child in Ontario

According to MoneySense.ca , the average cost of raising a single child to the age of 18 in Ontario is approximately $243,660—and that is only for the very bare essentials. This figure does not account for the rising costs of post-secondary education, nor does it consider the unique circumstances of children with special educational or medical needs. It excludes the "extras" that define a childhood: extracurricular sports, music lessons, travel, and summer camps.

Ideally, every parent contributes as much as they can to the support of their children, both financially and emotionally. However, when a relationship ends, the seamless management of a shared household budget disappears. After a divorce or separation, one parent may find themselves bearing the brunt of the financial burden alone, even when the other parent is capable of contributing. Conversely, a paying parent may face financial hardship due to a job loss or injury, making existing payments unsustainable.

At Sterling Law, founded in 1992 by Helen Sterling Clarke, we provide the comfort and support you need during these challenging transitions. With over 30 years of experience serving Brampton, Toronto, and the Greater Toronto Area (GTA), our client-focused approach ensures that your needs—and the needs of your children—are our primary result.

The Legal Framework: The Child Support Guidelines

In Toronto and throughout Ontario, child support is not a matter of guesswork. It is governed by the Child Support Guidelines. These are a set of rules and tables used to determine the amount of support a paying parent must contribute.

The underlying principle of Ontario law is that children have a legal right to benefit from the financial means of both parents. This right belongs to the child, not the parent, which means child support cannot be "waived" or negotiated away in a manner that leaves the child with insufficient resources.

Who is the Payor?

Typically, the parent with whom the child lives most of the time is the "Recipient," and the parent who lives outside the primary home is the "Payor." However, the definition of a parent in Ontario is broad. Sometimes the payor is not the biological parent but someone who has "stood in the place of a parent" (often referred to as in loco parentis ), such as a step-parent who has formed a significant parental bond with the child.

Step 1: Calculating "Base" Child Support (The Table Amount)

The first component of child support is often referred to as Base Child Support. This is a fixed monthly amount intended to cover the child's basic necessities, such as food, clothing, and shelter.

How the Table Works

The amount of base support is determined by three main factors:

The Payor’s Annual Income: This is usually based on the "Total Income" line of their T1 General Income Tax Return from the previous year.
The Number of Children: The amount increases with each additional child.
The Province of Residence: Because the cost of living and tax rates vary by province, Ontario has its own specific tables.

For example, a parent in Toronto earning $70,000 per year with two children will pay a different "Table Amount" than a parent earning $100,000 with one child.

Parenting Time Arrangements

The calculation can shift depending on the living situation:

Primary Care: If the child spends more than 60% of their time with one parent, the other parent typically pays the full Table Amount.
Shared Parenting: If the child spends at least 40% of their time with each parent, the court may look at the "offset" amount (the difference between what each parent would pay the other) and consider the increased costs of maintaining two suitable homes for the child.

Step 2: Special or Extraordinary Expenses (Section 7)

Base support only covers the "bare essentials." In many Toronto families, children have expenses that go beyond food and shelter. These are known as Section 7 Expenses.

To qualify as a Section 7 expense, the cost must be necessary (in the child’s best interest) and reasonable (given the combined means of the parents and the family's spending habits before the separation).

Common Section 7 expenses include:

Childcare: Expenses incurred due to the custodial parent's employment, illness, or education.
Medical/Dental Insurance: Premiums and unreimbursed healthcare costs (orthodontics, therapy, etc.).
Extraordinary Educational Expenses: Private school tuition or tutoring.
Post-Secondary Education: Costs for college or university.
Extracurriculars: Competitive sports, specialized arts programs, or high-level music lessons.

In most cases, these expenses are shared by the parents proportionally based on their respective incomes. If Parent A earns $60,000 and Parent B earns $40,000, Parent A would typically cover 60% of the Section 7 costs.

Changing the Order: When Life Evolves

Child support is rarely "set it and forget it." As children grow and parents' careers evolve, the support amount may need to be adjusted.

Seeking a Decrease

If you are the Payor and your financial situation has changed—perhaps you have lost your job, suffered an injury, or seen a significant decrease in commissions—you have the right to seek a variation. However, time is of the essence. The longer you wait to seek a decrease, the more difficult it becomes to justify the change retroactively. You will be required to provide clear documentation of your income and a valid justification for the decrease.

Seeking an Increase

If you are the Recipient and you know the Payor’s income has increased significantly, you are entitled to ask for an increase. At Sterling Law, we caution clients not to wait. If you are aware of your entitlement but take no steps to obtain it for an extended time, a court may eventually find that you have effectively waived your right to those retroactive payments.

The Sterling Approach to Child Support

At Sterling Law, we provide more than just calculations; we provide a strategy. Our three-step approach is designed to protect you from the moment you call:

Immediate Guidance: We answer your questions as soon as possible to put your mind at ease and start planning for your changed circumstances.
Professional Burden-Sharing: Once retained, we take over the timelines and legal complexities, ensuring you aren't solving these problems alone.
Decisive Action: We move quickly to protect your financial rights and assert the needs of your children, aiming for the most positive outcome possible.

Our reputation in the Region of Peel and the GTA is built on client-focused service. We understand that every family is unique, and we listen to what is important to you to find the most effective legal path forward.

Take Control of Your Financial Well-Being

Navigating the Child Support Guidelines in Toronto can be complex, but you don't have to do it alone. Whether you are seeking fair support for your child or need to adjust your payments to reflect your current reality, having an experienced legal team is essential.

Why Choose Sterling Law?

With over three decades of experience, Helen Sterling Clarke and her team specialize in empowering families. We offer full or partial representation (unbundled legal services) to fit your specific needs and budget. From establishing base support to litigating complex Section 7 expenses, we are the GTA community’s trusted partner in family law.

Don't allow time to pass and jeopardize your rights. Take advantage of our expertise and ensure that your children are provided for fairly and sustainably.

I Am Planning to Get Married: Do I Need to Get a Prenuptial Agreement?

Fri, 06 Feb 2026 20:41:35 GMT

Congratulations on your upcoming marriage! This is a season of profound joy and shared aspirations. However, as you prepare for your life together in the Greater Toronto Area, it is also a time for "forward-thinking planning." At Sterling Law, we view ourselves as your partners in life, wealth, and legacy. Based in Brampton for over 30 years, our team, led by Helen Sterling Clarke, has helped thousands of couples in Mississauga, Oakville, and across the Peel Region navigate the legal complexities of joining two lives.

While discussing a prenuptial agreement (often called a "Marriage Contract" in Ontario) might not feel like the most romantic pre-wedding task, it is one of the most strategic moves you can make to protect your assets and secure your family’s future. In fact, thirty-eight percent of Canadians who marry will eventually separate or divorce. A well-drafted agreement isn't about planning for failure; it’s about taking control of your financial destiny and bringing peace of mind to your new household.

What is a Prenuptial Agreement Under Ontario Law?

In Ontario, the Family Law Act governs how property is divided between spouses upon separation or death. Without a private agreement, the law dictates a process called the "Equalization of Net Family Property." This process essentially adds up the growth in each spouse's net worth during the marriage and splits that value 50/50.

A prenuptial agreement allows you and your partner to "stay in the driver's seat." It is a valid, binding contract that sets out different terms and conditions from those provided by the Family Law Act or the Divorce Act. It allows you to define your own rules for fairness based on your unique circumstances.

What You Can Include in Your Agreement

A robust marriage contract drafted by the strategic team at Sterling Law can cover:

Pre-Marital Assets: Identifying property you are bringing into the marriage and documenting its value to ensure it stays separate.
Family Property Division: Deciding exactly how the matrimonial home, shared assets or other assets held by each of you will be dealt with if separation occurs.
Spousal Support: Agreeing in advance on whether support will be payable, and if so, how much or for how long.
Household Responsibility: Allocating economic responsibility for running the household during the marriage.
Estate Planning: Agreeing on what happens to property if one spouse should pass away, which is critical for those with children from previous relationships.

What You Cannot Include

It is a common misconception that you can settle everything in a "prenup." Under Canadian law, you cannot make enforceable arrangements regarding:

Custody and Access (Parenting Time): The courts decide this based on the "best interests of the child" at the time of separation.
Child Support: You cannot contract out of the Federal Child Support Guidelines, as child support is considered the right of the child.

Do You Specifically Need a Prenuptial Agreement?

While every couple can benefit from the clarity an agreement provides, certain situations make a marriage contract essential for protecting your wealth and preserving your legacy.

1. You Are a Business Owner or Professional

If you own a private corporation, a professional practice, or have significant stock options, these are "complex assets" that can be difficult to value and divide years later. A prenuptial agreement can shield your business from being liquidated or carved up during a divorce, ensuring business succession planning remains intact.

2. You Have a Significant Inheritance or Family Trust

Under Ontario law, inheritances received during a marriage are generally excluded from equalization— unless they are put into the matrimonial home or comingled with family funds. An agreement ensures that family wealth stays within your bloodline and is protected from unintentional equalization.

3. This is a Second Marriage

For those entering a relationship later in life, you likely have more assets and, potentially, children from a previous marriage. A contract is vital to ensure that your "Legacy" is preserved for your children while still being fair to your new spouse.

The Sterling Law Approach: Sophisticated and Strategic

With over 30 years of experience, we at Sterling Law understand that we are working with real people with unique situations and aspirations. We don't believe in "cookie-cutter" legal documents. We offer tailored strategies grounded in financial acumen and empathy.

Proactive Protection of Your Future

We guide you through the process of Financial Disclosure , which is the "gold standard" for making a prenuptial agreement enforceable. If both parties do not fully and honestly disclose their assets and debts before signing, the contract could be set aside by a court later. Our integrated approach helps you take control, reducing the stress that comes with life’s transitions.

Negotiation vs. Litigation

While we are skilled negotiators dedicated to reaching respectful, private resolutions through collaborative family law and mediation, we are also skilled litigators. If an agreement is challenged, or if the other party is being unreasonable, we are prepared to defend your interests and your assets in court.

Securing Your Peace of Mind

Marriage is one of life’s most significant periods of growth. By addressing the "what ifs" now, you allow yourself and your spouse to focus on building a life together without the looming cloud of legal uncertainty. A prenuptial agreement is not a sign of distrust; it is a sign of respect for each other’s hard-earned assets and a commitment to transparency.

At Sterling Law, we are more than just lawyers; we are your partners in protecting your wealth and securing your family’s future. From our home in Brampton to the vibrant communities of Richmond Hill and Vaughan, we are here to help you navigate this moment with confidence and discretion.

Are you ready to protect your personal and business assets before your big day?

How To Be Better Co-Parents During A High-Conflict Divorce

Thu, 26 Sep 2024 22:01:00 GMT

Every parent wants the best for their kids, but it seems impossible when emotions run high separating from a partner you saw a future with. Children need stability, love, and care and you can offer them that even during a high-conflict divorce.

Here are some practical ways you can be better co-parents during a high-conflict divorce:

1. Establish Clear Boundaries

Decide early on in the separation how you will communicate with your co-parent. Email or messaging apps focused on co-parenting like OurFamilyWizard can help keep conversations organized and professional. We recommend using them since it works as proof, if there’s ever a need.

In your parenting time agreement, outline pickup and drop-off schedules, vacation time, and responsibilities for holidays and special events. This should avoid any possible conflicts within you and your spouse and kids.

2. Focus on the Children’s Needs

Just don’t stick to their routines and schooling, but check-in often on how they feel emotionally, especially when discussing changes in parenting time.

If you feel your child’s being aggressive or awfully quiet, don’t hesitate to reach out to a family therapist or child specialist. They will give advice on how to keep your children feeling safe and supported, keep a stable environment at home, and avoid unnecessary conflict.

3. Communicate Openly

While communicating with your ex might feel impossible, it’s key to keep things civil for your children’s sake. Stick to the facts and avoid getting personal. If a conversation starts escalating, take a step back and revisit it later. Always keep your tone neutral and respectful. If communication always turns sour, use a third party, like a mediator , when making decisions.

4. Stick to the Parenting Plan

Once a parenting time agreement is in place, follow it without exceptions. While the main goal is your child’s sense of security, it also helps avoid any confusion, minimizes communication, and becomes a tool for you to move on in life.

If you run into disputes over the plan, seek help from legal professionals . Sometimes, even if not desired, adjustments may be necessary as circumstances change.

5. Don’t Speak Negatively About Your Co-Parent

Children should never feel like they have to choose between parents. Speaking negatively about your ex in front of the kids harms their emotional well-being. It has the potential of causing long-term damage to their relationship with both parents.

Instead, support your children in maintaining a healthy bond with both you and your ex. Show respect for each other’s role, correct them if they speak wrongly about your ex, and celebrate important events like the first day of school, birthdays, and Halloween together.

6. Prioritize Self-Care

It is easy to forget about your own emotional needs while tending to your kids and handling divorce. Kids know when parents aren’t doing well and will blame them for the separation. While it is healthy to let children know how you feel, make sure to take care of yourself. Regular exercise, therapy, or simply taking time to unwind helps you stay grounded when tensions rise.

7. Be Adaptable

You may need to revisit your co-parenting agreement as time goes on and circumstances change, whether your spouse is moving to another city or has a change in schedule due to a job change. Consider working with a mediator if it becomes difficult to agree on modifications.

If you are struggling with co-parenting responsibilities while separating from an uncooperative partner, Sterling Law is here to help you with legal support. Reach out today for a consultation .

The post How To Be Better Co-Parents During A High-Conflict Divorce appeared first on STERLING LAW .

Can My Child Decide Who To Live With?

Tue, 17 Sep 2024 16:14:00 GMT

If you and your partner are planning to separate, this is one of the first questions to come up.

Can your child decide who they want to live with? While as a parent you want to respect your child’s choices, it might bring up concerns.

You may worry whether their decision is based on emotion or if they’re being influenced by the other parent. You may also question their stability, school life, and overall well-being.

Ontario family law prioritizes the child’s best interests . If parents can’t agree, the court gives more weight to the child’s preference. So to answer your question – yes , your child can decide who they want to live with after separation.

Is There a Legal Age?

There is no fixed legal age in Ontario when a child can decide which parent to live with. The Family Law Act and the Children’s Law Reform Act emphasize that a child’s best interests should always come first. Opinions of older children carry more weight in front of law. However, just because your child wants to live full-time with one parent, doesn’t mean that the court will automatically grant that verdict.

Can My Child Choose to Live with One Parent Full-Time?

Children can’t legally decide who to live with until they turn 18, the age of majority in Ontario. Until then, the courts will handle any dispute related to custody (now known as parenting time and decision-making responsibility). If your child is 16 or 17 years of age and the court feels they are mature to make a decision, then yes, your child can decide to live with one parent full-time.

Our family lawyers at Sterling Law are here to help you handle complex custody situations. Please request a free consultation today.

How Does the Court Determine What’s Best for My Child?

In custody cases, Ontario courts focus on the “best interests of the child” standard. This means they don’t base decisions on what the parents want or who has the best argument.

Instead, they’ll evaluate what’s best for the child’s overall well-being. Here are some factors that play a role:

Emotional Well-being : Does the child have a loving relationship with each parent? Does the child feel protected and loved at home?
Involvement of Parents : How involved has each parent been in the child’s life? Do they help with school work, attend school and extracurricular events, and participate in day-to-day activities?
Sibling Relationships : If the child has siblings, the court may want to prioritize keeping the children together unless there’s a compelling reason not to.
Living Arrangements : The court will look for a home environment that’s safe, nurturing, and financially stable.
School and Community Ties : Will moving away from one parent affect their school life, friendships, and community participation?

Support your children through this transition

Children often blame themselves for their parents’ separation or divorce. In some cases, they may act out or make emotional statements in hopes of keeping their family together. If your child has been rebelling or threatening to leave, stay calm and patient.

Reassure your child that the separation isn’t their fault. Let them know both parents love them and will make decisions that prioritize their well-being.

The post Can My Child Decide Who To Live With? appeared first on STERLING LAW .

What’s the Difference Between Child Custody, Parenting Time, and Decision Making?

Tue, 10 Sep 2024 16:33:00 GMT

If you’ve just started researching for a potential separation and divorce as a parent, you might have seen the terms – child custody, parenting time, and decision making responsibility repeatedly. While their meaning is quite similar, in family law each serves a different purpose.

Until 2011, child custody was used to describe both parenting time and decision making responsibility. The term “child custody” is no longer used. The Canadian government made this change to reduce the confusion and accommodate modern parenting agreements.

What is Parenting Time in Ontario?

Parenting time , previously known as “access,” refers to the actual time a parent spends with the child. It also includes details about visitation schedules and overnight stays. If the child spends more time with one parent doesn’t directly mean they have more decision-making responsibility.

In Ontario, courts encourage both parents to be equally involved in their child’s life unless there are safety concerns. Typically, the court sets out instructions for:

Weekday visits
Weekend visits
Holidays and special occasions (e.g., birthdays, Christmas, and important dates)

If one parent has sole custody, the other parent is still entitled to regular parenting time, unless it isn’t in the child’s best interest.

What is Decision Making Responsibility in Ontario?

Decision-making responsibility refers to the legal authority to make important decisions about the child’s welfare. While it may sound like child custody, decision-making is more about the power a parent has in directing the child’s future.

Decisions that are your responsibility include:

Education : Where the child will attend school, their educational choices, and any learning needs they may have.
Health : Choices about medical treatment, healthcare providers, and general health concerns.
Religion : Religious upbringing, practices, and beliefs.
Extra-curricular Activities : Decisions about sports, hobbies, and any other activities including summer camp.

Parents who share decision-making responsibilities need to agree on these major life choices. The court will grant you shared responsibility, only if you’ve had an amicable divorce and agree to co-parent together.

If one parent has sole decision-making authority , they don’t need the other parent’s approval.

How Do These Terms Work Together?

Parenting time focuses on when you spend time with your child, while decision-making responsibility focuses on the authority to make decisions about specific aspects of the child’s life. If parents share custody, they have equal decision-making responsibilities. On the other hand, in a sole custody setup, only one parent makes decisions, but the other parent has a fixed parenting time.

How Does the Court Decide Parenting Time and Decision Making Agreements?

Family courts in Ontario prioritize your child’s best interests. Some factors that play a role include:

Child’s Needs : What arrangement will best support the child’s emotional, physical, and educational development? For example, younger children need their mothers more than fathers, so the court might give more parenting time to the mother.
Parent-Child Relationship : Does the child have a strong bond with both parents? Which parent is more involved in their day-to-day routine? Has either of the parents put the child in harmful situations?
Parenting Ability : Can both parents provide a safe, stable, and loving environment? Does the parent struggle with substance abuse or mental health issues that can impact their parenting role?
Cooperation : Are the parents willing and able to communicate to work together in the child’s best interest?
Child’s Preferences : Children who are teenagers may get a say in creating both these agreements.

Our family lawyers at Sterling Law have experience handling simple to complex custody cases. Please reach out to book a free consultation (15 minutes only).

The post What’s the Difference Between Child Custody, Parenting Time, and Decision Making? appeared first on STERLING LAW .

Do Grandparents Have Visitation Rights During A High-Conflict Divorce?

Fri, 06 Sep 2024 21:34:00 GMT

When a couple goes through a high-conflict divorce, the whole family including grandparents do too. It’s natural for grandparents to feel uncertain about their role because they might not want to take sides and continue to have a loving relationship with their grandkids.

The law states that “ Grandparents play a fundamental role in the cohesion and transmission of values in the family. It is the agent of solidarity par excellence in civil society. The minor’s personal relationships with his siblings, grandparents, and other relatives and close friends may not be impeded without just cause. ”

In Canada, family courts prioritize the best interests of the child when determining custody, access, and visitation. Grandparents don’t have automatic visitation rights, but they can apply for court-ordered access if the judge feels like the relationship is integral to their mental and emotional well-being.

Let’s talk more about your visitations as a grandparent during a high-conflict divorce.

Can Grandparents Claim Visitation Rights?

In Canada, grandparents do not have an automatic right to visit their grandchildren. However, Ontario courts recognise that a relationship with grandparents is important for a child’s well-being. If you are a key figure in your grandchild’s life and their parents are preventing contact, you may be able to argue and get visitation rights. Read this blog on how you can apply for visitation rights in Ontario.

What If a Parent Objects to Grandparent Visitation?

Parents’ wishes carry a lot of weight in the court’s decisions. If one or both parents object to your visitation, your case can get complicated! If the parents are able to argue and prove to the court that grandparents visiting disrupts the child’s routine or causes confusion, the court will not grant visitation.

How Often Can Grandparents See Grandchildren?

There aren’t strict rules of when grandparents can visit the grandkids. It also depends on who the kids live with during the separation phase and if they’re comfortable with the grandparents visiting often.

What Happens After a High-Conflict Divorce?

Once the law is involved, the whole process is formalized and you can expect some restrictions on your grandparents rights. The court will create a visitation and communication routine that suits the child’s needs.

We often get asked by divorcing parents – how can I legally keep grandparents away from my kid? Some relationships can be toxic and not beneficial to them. We ask the parents to reconsider their question and if the answer stays the same, then they have every right to keep their children protected.

On the other hand, if you’ve already contested the parents and if the court has already ruled in your favour, the parents can’t do much.

How Do Courts Decide on Visitation?

Here are some factors that help the court make a decision:

Age of the child (routines vary largely for a 3-year child versus a 15-year old)
Child’s relationship with the grandparents before the divorce
Grandparents’ involvement in the child’s life
Child’s needs, including emotional and psychological well-being
Intensity of conflict between the parents and the grandparents
Whether ongoing contact with the grandparents would help or harm the child

Is Taking the Case to Court my Final Option?

Luckily, it isn’t your final option. You can start a family mediation process and work with the parents to find an arrangement. Most cases get resolved at this step.

Under Section 21(1) of the Children’s Law Reform Act, grandparents can apply for court-ordered access if they can prove that maintaining a relationship serves the best interests of the child.

Can a parent legally prevent grandparents from seeing the child?

Yes, in Ontario, parents generally have the right to decide who has contact with their child, including grandparents . However, if you apply for court-ordered access, the judge will decide on a case to case basis. Parental alienation, safety concerns, or family conflict are some reasons the court may deny access.

Can grandparents get custody if both parents are unfit?

Yes. If both parents are deemed unfit due to neglect, abuse, or incapacity, grandparents can apply for custody under the Children’s Law Reform Act . At this stage, Ontario courts evaluate whether placing the child with grandparents is the most stable and beneficial option. You will be required to provide evidence that you would be able to support the child emotionally and financially.

This blog is written for informational purposes only as answers vary from one situation to another. If you have specific questions, please reach out to us today.

The post Do Grandparents Have Visitation Rights During A High-Conflict Divorce? appeared first on STERLING LAW .

How To Handle Hidden Assets During A Divorce?

Tue, 27 Aug 2024 16:37:00 GMT

Unfortunately, hiding assets during a divorce happens quite frequently. Your spouse or common law partner can either transfer their assets to their parents or siblings, so they can keep most of their wealth. Information about these assets is important for calculating child support and spousal support as well as a fair distribution of shared property.

Why is my estranged spouse hiding assets?

Fear of losing control over money or assets, resentment towards their partner, or a desire to secure a better financial position post-divorce drives this behaviour. They may also feel like they deserve a bigger share of the assets, while some feel that the law won’t provide a fair outcome.

Here are some ways your spouse might be hiding assets:

Undisclosed Bank Accounts
Withdrawing Cash Over Time
Physical Assets like real estate, gold, and diamond jewellery
Delaying Bonuses or Income
Fake Debt
Undervalued Business Interests

How to find these hidden assets?

Here are some ways you can begin the discovery process as you finalise an experienced family lawyer to work with:

1. Check Tax Returns

Review past tax returns for inconsistencies , unreported income, or unusual deductions, all of which are good indicators of undisclosed assets.

2. Review Bank and Credit Card Statements

Look through bank statements for unusual transactions, such as transfers to unknown accounts or large cash withdrawals.

3. Talk to Third Parties

Speak with financial advisors, business partners, or accountants who have previously worked with your estranged spouse and are willing to support you.

4. Check Their Lifestyle

Compare your spouse’s reported income with their lifestyle. If they’re spending more than they’re earning, that’s a clear sign as well.

5. Scrutinise Business Records

If your spouse owns a business, review the company’s financial records for signs of underreported income, fake employees, or manipulated expenses.

Legal steps to handle hidden assets during a divorce:

It goes without saying that you’ll first need to hire a family lawyer in Brampton to handle the process. Discuss your doubts with them and they’ll guide you on how to gather and preserve evidence of hidden assets.

Next, your attorney may recommend filing a motion for discovery, which legally compels your spouse to disclose all financial information. If there are still concerns about undisclosed assets, the court can appoint a forensic accountant.

If the accountant discovers discrepancies, they will recommend the court to subpoena the bank for detailed records. If your spouse continues to withhold information, the court may impose penalties or even award a larger share of the marital assets to you.

While this particular legal route is tiresome and can go on for several months or years, it makes sure you receive assets that you deserve. Ontario law does not look kindly on those who attempt to hide assets.

As your family lawyer, Sterling Law will always fit for your rights whether in a boardroom or a courtroom. We’ve handled complex divorce cases like yours in Brampton and helped them get the assets they deserve.

We’re here for you! Please book a free first consultation (15 minutes only) so we can advise on your particular issue.

The post How To Handle Hidden Assets During A Divorce? appeared first on STERLING LAW .

What To Consider During A High Net-Worth Divorce?

Tue, 27 Aug 2024 16:07:00 GMT

Whether you’re an entrepreneur, a high-earning professional, or someone with substantial assets, your divorce proceeding might involve a few extra steps. It is quite common in high net-worth divorces that both or one spouse hides assets fearing unequal division of assets. As your family lawyer in GTA, we don’t let that happen and will fight to get you every dollar you deserve.

What’s considered a high net-worth divorce in Canada?

Any divorce that involves shared assets worth $1 Million or high is considered a high net-worth divorce in Canada. These assets can include real estate, investments, businesses, retirement accounts, and other valuable properties. International holdings and intellectual property are also considered assets.

Since valuing businesses and intellectual properties is complicated and time-consuming, you and your spouse should agree to work together for a quicker divorce process.

6 things to consider during a high net-worth divorce:

1. Tax Implications

When dividing assets like investment portfolios, real estate, and retirement accounts, you may be subject to tax payments. Before you start property division, discuss with your lawyer and financial planner what kind of tax implications you can expect and if there’s a legal work around.

2. Protect Privacy and Reputation

High-profile individuals are often worried about their private information becoming public. If you share this concern, we recommend you consider mediation or collaborative divorce methods. Both these methods take place out of the courtroom, so your records stay private. You can also make your estranged spouse sign a non-disclosure agreement to prevent them from revealing details about your divorce or finances.

3. Spousal Support and Child Support Calculations

Since high net-worth families are accustomed to a certain kind of lifestyle, the court will take on some extra work to assess your financial needs. Ontario courts will always put a child’s interests first. If you’re asking for extra spousal support, make sure to approach the discussion with proof and the reason behind your demand. Expect the other party to negotiate but you will find a solution with the help of a mediator.

4. Plan for Future Financial Stability

Work with your family lawyer and financial planner to create a post-divorce financial plan that helps you save money, make investments, and cause very little change to your current lifestyle. If you’re responsible for paying spousal support, look into what’s more beneficial to you – paying a lump-sum amount at once or monthly payments.

5. Understand the Impact on Retirement Plans

All retirement plans available in Canada, including Registered Retirement Savings Plan (RRSP), Canada Pension Plan (CPP), and Old Age Security (OAS) are considered shared assets and eligible for division. You might be asked for a Qualified Domestic Relations Order to make sure the division follows federal guidelines. We’ve talked in detail about division of retirement plans in this blog and recommend you give it a quick read!

6. International Assets and Jurisdiction Issues

If you or your spouse have international assets or dual citizenship, your divorce might be subject to different laws regarding divorce and asset division. Our family lawyers at Sterling Law have successfully handled numerous cases, collaborating with overseas law firms for over 30 years.

If you have questions about your specific case, please book a consultation today.

The post What To Consider During A High Net-Worth Divorce? appeared first on STERLING LAW .

How To Talk To Your Parents About Estate Planning?

Mon, 19 Aug 2024 16:05:00 GMT

No one ever wants to imagine a day where your parents are no more. It is one of the ugly parts of growing up and old. At the same time, you might wonder if they have an estate plan in place. It is the best way to diffuse tension within siblings and other family members after their demise. However, the first step towards talking to your parents about estate planning in Brampton is learning all about estate planning.

How does estate planning work in Ontario?

In Ontario, an estate plan helps you to manage and distribute your assets upon your death. It is not just limited to monetary wealth and extends to jewellery, art pieces, and any sentimental objects you own. During estate planning, you may also want to appoint Powers of Attorney for Property and Personal Care. They take on the legal responsibility of making decisions on your behalf if you become incapacitated. Without a will, the Succession Law Reform Act dictates how your estate will be divided, which may or may not align with your choices.

When helping your parents with estate planning, make sure the will meets Ontario’s Estate Administration Tax laws. For the very same reason , it’s sometimes smart to set up a trust, which protects their assets and controls how they’re used after your parents pass away.

7 tips to talk to your parents about estate planning:

1. Choose the Right Time and Place

Do not insert estate planning talk during a family get together or when things are stressed. Instead, find a quiet moment when you can have a one-on-one conversation. Make sure that they understand your intention of looking out for them. Do not give them any tips on how to divide their assets as that must be their independent choice.

2. Start with Their Concerns

Ask them what they want to happen with their home, investments, or treasured possessions. Sometimes, parents need help with major issues like estate planning but may feel awkward asking for help.

3. Explain the Benefits of an Estate Plan

Talk to them in simple words how an estate plan ensures their wishes are carried out and can save the family from disputes later. In Ontario, if someone dies without a will, the estate is distributed according to the Succession Law Reform Act , which takes away their agency.

4. Ask About Their Fears and Misconceptions

Many parents might fear that talking about estate planning means they’re giving up control or admitting they won’t be around forever. Reassure them that estate planning is about empowerment, not surrender. The sooner they start planning, the more time they’ll have to enjoy life’s other joys without worrying about what comes next.

5. Include All Relevant Documents

In Ontario, when creating an estate plan, your parents might also want to include a Power of Attorney (POA) for property and personal care, and possibly a living will. If they become incapacitated, they’ll have someone to manage their affairs according to their wishes.

6. Bring Them Resources

For estate and will planning in Brampton, they would need a family lawyer and an estate lawyer that can introduce them to Ontario’s estate laws. Pick lawyers that have worked with parents your age, so they can simplify legal jargons in a way they understand and not feel overwhelmed. You may not want to visit the lawyer’s office as a way to respect their privacy, but if they insist, make time for it and ask the right questions.

7. Respect Their Wishes

Even if you disagree with some of their decisions, respect their autonomy. Your goal should be to make them feel comfortable and confident about their choices. Do not ask them about the assets you’ll be inheriting and that you want more.

Estate planning is an ongoing process, which requires revisiting as and when circumstances change. Encourage your parents to review their estate plan from time to time after major life events including the birth of a grandchild or sale of a major asset.

Our family lawyers at Sterling Law specialise in estate planning and are happy to help you get started. Please feel free to reach out for a free first consultation (15 minutes only).

The post How To Talk To Your Parents About Estate Planning? appeared first on STERLING LAW .

Things You Should Know About Family Mediation in Ontario

Sat, 10 Aug 2024 22:27:00 GMT

If you are considering separation or divorce in Ontario, you might want to explore all your legal options before taking a decision. Family mediation is one of the simplest kinds of processes as it allows both spouses to sit down and plan out a result of their separation.

Ontario has a family law system that strongly encourages mediation. It allows the couple to make decisions they like, which are overall more sustainable for their lives. Mediation is also more cost-effective and shorter, taking no longer than 3-5 months. Couples can work on this privately and keep issues away from their kids and the public eye.

How does family mediation work in Ontario?

Before the process begins, both spouses must find a family lawyer to represent them. Each party must have a different representation. Along with your lawyers, you book an initial meeting with a mediator. They will explain the mediation process, outline what to expect, and answer any questions. After this meeting, you must decide if you’d like to go with this mediator or look for another.

In the following meetings, you and your spouse talk about issues related to division of property , child support , parenting arrangements, and spousal support among others. After reaching an agreement, the mediator drafts a Memorandum of Understanding (MOU) that outlines the terms. While this MOU isn’t legally binding, couples usually take it to their lawyers to turn it into a formal, enforceable separation agreement.

Where to find a mediator in Ontario?

Family Law Information Centres (FLICs) can connect you with mediators offering subsidised services. If you prefer a private mediator, you can search online through the Ontario Association for Family Mediation (OAFM) website. It has a list of accredited mediators with specialised training and experience requirements.

You can also ask your family lawyer for recommendations. Just be sure to check the mediator’s accreditation and take the time to interview 3-4 mediators before making your final choice.

How much does mediation cost in Ontario?

You can access publicly funded mediation through Family Law Information Centres (FLICs) at a lower cost or even for free if you qualify. Private mediators, on the other hand, charge between $150 to $300 per hour. In total, a mediated divorce can cost around $5,000 to $10,000 including lawyer fees, mediator fees, and paperwork.

How does your family lawyer help during mediation?

Before mediation even begins, your lawyer will sit down with you to explain your rights, responsibilities, and options. To make the process faster, submit all proof and documents to them, so they can help you make the best decisions.

During mediation, your family lawyer will evaluate offers with you and counteroffer them, keep you grounded if an argument gets heated, and draft and review agreements. In short, they protect your legal rights.

Looking for a family lawyer in Brampton?

Our experienced lawyers at Sterling Law are here to guide you through family mediation. Schedule your free 15-minute consultation today and take the first step toward resolution.

The post Things You Should Know About Family Mediation in Ontario appeared first on STERLING LAW .

How to Handle Survivor Benefits and Equalization?

Sat, 27 Jul 2024 22:37:00 GMT

Planning for death can feel awkward and surreal, but it is the ultimate act of love and protection for you and your family members. Matters of survivor benefits and property division can feel overwhelming but it doesn’t have to. You might worry about your own financial stability and how to fairly distribute assets. Don’t worry. We’re here to guide you through the process with clarity and expertise.

What are Survivor Benefits?

Survivor benefits provide financial support to the deceased person’s dependents, including but not limited to their partner, kids, and siblings. These benefits can include payments from the Canada Pension Plan (CPP), employer pension plans, or private insurance policies.

Courts have ruled that survivor benefits are a form of future income and can be treated as a pension. Like any other pension, they constitute property and must be included in the equalization calculations with other assets.

Equalization and Property Division

When a loved one passes away, the division of property must be handled according to the law. Equalization ensures that both parties receive a fair share of their matrimonial property. While calculations and negotiations can be complex, the right family lawyer in Brampton will guide you through the process.

Steps to Handle Survivor Benefits and Equalization

1. Identify All Assets and Benefits

Begin by listing all of your assets and benefits. This includes bank accounts, real estate, personal property, pensions, and insurance policies. Accurate documentation is the most essential step of the process.

2. Consult a Wills Lawyer

A wills lawyer will not only provide you invaluable guidance, but also help you understand your rights, obligations, and the steps to take.

3. Notify Relevant Authorities

Surviving members must inform the relevant authorities, such as the Canada Pension Plan (CPP) and your employer, about the passing. This will initiate the survivor benefit claims process. Prompt notification helps avoid delays in receiving benefits.

4. Assess the Value of Survivor Benefits

Determine the value of the survivor benefits as they will be included in the overall asset pool subject to division.

5. Equalize the Property

In the last step of the process, you and your family lawyer will add the value of all assets, including survivor benefits, and divide by two. Each party should receive an equal share of the total value. It might require negotiation and adjustment to achieve fairness, but it is usually straightforward. If there are other parties involved, kids or siblings, the negotiation might involve some back and forth.

Challenges and Considerations

Handling survivor benefits and equalization comes with challenges you should be equipped for. Survivor benefits may have tax implications. Consult with a tax professional to understand the impact on your financial situation. Additionally, if disputes arise during the equalization process, mediation or legal intervention might be necessary.

For more information, you can visit the Canada Pension Plan website. If you have questions or need assistance, our experienced wills lawyers at Sterling Law in Brampton are here to help. With decades of experience, we offer the expertise you need to support your family during their darkest hour.

Book a free first consultation with us today

The post How to Handle Survivor Benefits and Equalization? appeared first on STERLING LAW .

Can I Travel Out of Canada with My Kids After Separation or Divorce?

Thu, 18 Jul 2024 22:35:00 GMT

Traveling with your children for vacation or visiting relatives is a core part of their childhood memories. Trips out of Canada with your kids after a separation or divorce can be complex but understanding the rules and steps can make the process smoother.

The most important preparation for traveling abroad is obtaining consent from the child’s other legal guardian. We hope this blog will help you feel prepared for a stress free journey with your kids.

Understanding Parenting plans Agreement and Travel

Parenting time agreements refers to the legal rights of parents to make decisions for their children. It includes physical custody (where the child lives) and legal custody (decision-making power). When planning to travel, you must know how your custody arrangement affects your ability to take your child out of the country.

How to Obtain Travel Permission?

Start by checking your parenting agreement. It may contain specific clauses about traveling with your child.
If you share custody, you need the other parent’s written consent. This consent should include travel dates, destination, and contact information.
If the other parent refuses consent, you can seek a court order. Ontario family court will only consider your child’s best interests before granting permission.

Is Written Consent Necessary?

Having written consent helps prevent legal issues at border crossings. It provides proof that both parents agree to the travel arrangements and you won’t face delays or denials.

Benefits of Written Consent

Prevents disputes and ensures compliance with custody agreements.
Reduces the risk of being stopped or questioned by authorities.
Children don’t feel divided or guilty for causing issues between parents.

Child support and parenting time are interconnected. Before traveling, ensure that you are up to date on your child support payments. Non-payment can lead to legal issues, including travel restrictions.

Challenges of Traveling with Unpaid Child Support

Non-payment can result in being barred from traveling.
It can increase tension between parents, affecting future agreements.

How to International Travel with Kids?

When traveling internationally, you must take these steps to ensure a smooth trip.

Check Passport Validity : Ensure your child’s passport is valid for the entire duration of the trip. If your child does not have a passport, apply for one. Make sure you have all the necessary documents .
Visit Travel Advisories : Check the destination country’s entry and exit requirements. Some countries may have specific rules for traveling with children.
Carry Essential Documents : Bring copies of the custody agreement, written consent, court order (if applicable), and the child’s birth certificate.

Legal Resources and Support

If you’re unsure about the process or face resistance from the other parent, you can seek legal advice. As your family lawyer, we ensure your travel plans stay compliant with parenting agreements and child support obligations.

Government Websites : Visit Canada’s Family Law page for comprehensive information on custody and support.
Travel Resources : The Government of Canada’s Travel Advice and Advisories page offers updated information on international travel.

Our family lawyers in Brampton who are here to support you. Book a free first consultation with us today. (up to 15 minutes only).

The post Can I Travel Out of Canada with My Kids After Separation or Divorce? appeared first on STERLING LAW .