Most Viewed Canadian Lawyers for the Week ending June 15

1. Brian Galbriath, Barrie Lawyers, Barrie Family Lawyers
2. Lorne Fine, Toronto Lawyers, Toronto Family Lawyers
3. Christopher Hicks, Toronto Lawyers, Toronto Criminal Lawyers
4. Alisa Williams, Hamilton Lawyers, Hamilton Family Lawyers
5. Rose Keith, Vancouver Lawyers, Vancouver Personal Injury Lawyers

Stay tuned for next week’s most viewed lawyers coming your way!

Custody / Access Assessment is actually a well known phenomena we often see play out in movies.  Sometimes a professional such as a social worker, psychologist or even a psychiatrist  enter into a family’s living situation to perform an assessment on the family and their living conditions.  Custody access assessment is usually ordered by the judge if the parents can’t agree on parenting and child visitation arrangements among themselves or through a mediation and arbitration lawyer.

The purpose of this procedure is to help judge define the best parenting arrangements for the children.  As mentioned above, usually this assessment is performed by a 3rd party such as a social worker and tends to be a fair assessments of the family conditions and motivated by childrens’ best interests.

Before assessment is started the parents usually meet with the judge and he or she will try to help them come to an agreement without going to trial.  At this pretrial meeting the custody or access assessment is usually ordered.  Note that in some events this may happen even before pretrial meeting if both of the parents request it.  If only one of the party wishes to request assessment, then it can be done so through an application.

It must also be pointed here that at any point in time, the parents have the right to stop this procedure shall they reach an agreement.

The procedure itself goes in the following way.  At first the judge decides what information is required for a particular family case.  It is important that the gathered information is full and true because it will be used to define which of the parents will provide a better life for the child or children.   After the required information is defined, the social worker starts gathering this information.  The information gathered could include family, marital and parenting background, speaking with the parents about their views on the children’s future, needs, observing the children with each parent, interviewing teachers, doctors, new partners, friends and relatives, speaking to the child to name a few.  After the information is covered the social worker then composes a report that contains his or her findings and recommendations on custody and access.  The parents, the lawyers and the court are provided with copies of the report.  After the report is reviewed by both sides, they have a possibility to reach an agreement.  If still no agreements can be reached, a trial maybe necessary.  During the trial the report formulated by the social worker will be used as evidence and social worked who performed the assessment maybe used as a witness.

While all the issues with custody and access are sometimes very hard to settle between the parents because of the emotional and stress that goes into a situation as this, the assessment could become the best solution as it is done independently and based on the interests of the children involved.

If you require family lawyers for your famly cases, lawyerahead.ca is the best way to find a lawyer.

Chris Bosh, Toronto’s favourite basketball icon and a 4 time all-star has gotten much media attention recently in Toronto over his child support lawsuit filed by his former live-in girlfriend and now mother of his daughter.  According to the lawsuit filed by Allison Mathis, Raptor’s star dumped her after his return from the Olympics game.  The lawsuit claims that not only did he no longer supported her financially, he also attempted to remove her from his 1.6 million dollar Texas home.

Allison Mathis at that time did not have a job and as a result was forced to move in with her mother.  After 3 weeks of since their daughter was born, she certainly didn’t waste tiem to file her lawsuit.  She is now on record demanding support for herself and her new born.
Chris Bosh makes 14.4 million usd as it stands.  One can expect the child support payment to be a not so regular child support an average income maker would pay. 

In Chris Bosh’s defense, his lawyer claims Bosh began legal proceedings to support his daughter finincially and gain child visitation rights well before Allison’s lawsuit.

We will just have to see how this plays out and most importantly we will have to wait and see if he is able to settle out of court or if lengthy legal proceedings are required.

Separations are difficult in and of themselves, but when children are involved, the whole process becomes much more complicated. One party may not be able to accommodate children on a regular basis post-separation. One party may not want the other party to have regular visits or a lot of interaction with the children for reasons of lifestyle or fear of abuse. These are some of the factors courts use to determine child custody.

One misconception is that the primary caregiver of the children is the de facto custodian. This is not the case. The past care of a child may play a factor when determining custody, but if, let’s say, the other party gets a court order to get custody, they will have legal rights to the child and the child will be taken away.

There are many factors that affect a courts decision, but the three that have the most weight are in these cases. The mother is a stay at home mom. Mothers that do not have a job almost always get custody of the children over a father who works. This is because the court likes the children to be in an environment where the parent is certain to be around often.

The second is an established status quo. If children are already living with one of the parents, the court will see this as the default living situation and frown upon changing things up.

Thirdly, courts favor the primary caregiver. If a parent of the child can prove that they are the primary caregiver, the judge may presume that he or she is best able to provide care for the child in the future and grant custody. Although primary caregivers tend to win custody battles, as stated before, there is no guarantee to this effect.

Other factors like which parent can better provide for a child’s financial and emotional needs, the parent/child relationship, which parent has more time available to the child and the child’s special needs all play a part in the process as well. In addition, if the child is older, the courts may go by the wishes of the child and assign custody accordingly.

The process may take a lot of time, but that is not necessarily a bad thing. The courts want what is best for the child and so do you. Determining that may take some time, but in the end, is well worth the trouble.

Finding a lawyer with lawyerahead.ca is as simple as step 1, 2, 3.  Have Family Lawyers and other Lawyers contact you with how best they can help you resolve your Family legal issues.

Right from the last week discrimination issues we will move to some more positive things. This spring will be full of anniversaries for one of Canada provinces – New Brunswick.

This spring will mark the 90th anniversary of women obtaining the right to vote in New Brunswick elections (April 17, 1919), and the 75th anniversary of women obtaining the right to be a candidate in New Brunswick elections (March 9, 1934). For those who are not familiar with the history of women’s’ right to vote in Canada we’ll take a short look back. The rights for widows and unmarried women were granted in municipal elections in Ontario in 1884 and later provided in all provinces, but it actually left all the married women without that right. The first province to adopt the right for all women to vote was Manitoba in 1916. Two years later Dominion (federal) parliament passed an act giving women the vote in federal elections. Quebec was the last province to adopt this act, it happened only in 1940. A big part of equal rights also came into force on April 17, 1985 with the Charter of Rights and Freedoms.

The battle for this charter started on Valentine’s Day 1981, when more than 1,300 Canadian women, almost spontaneously gathered for a conference in the Parliament buildings. This protest ensured that the Charter of Rights and Freedoms included the rights of women. This was a direct response to the cancellation of planned conference on women and the Constitution by the Trudeau government. The government busy with the Charter feared that additional equality demands would make the difficult process of writing the Charter even more difficult. In response the president of the Canadian Advisory Council on the Status of Women, Doris Anderson, resigned from her post and the women rights activists organized the Valentine’s Day conference. Before 1981 no Supreme Court of Canada judge had ever been a woman and the old Canadian Bill of Rights had not served women well. The new Charter was the opportunity to finally bring in some real equality in Canada, so the stand was really hard. The result itself was great, women really brought in some significant changes into the new Charter.

The Charter of Rights and Freedoms brought many important changes. For example “Unity of legal personality,” was abolished, it said that wife and husband were one (the husband) and the married woman could not enter into contracts nor sue or be sued. Married women had no right to custody of their children (though they often got them by default), and they were basically duty-bound to give the husband sexual and domestic services and he was protected against loss of his wife’s services. Of course the right to vote was important but these additional rights in family relation were a significant change.

While the set of new laws itself was presented in 1985, in real life the struggle for equality is still ongoing. And the battle for the end of discrimination and equality under the same law will definitely last some more decades.

Links to Family Lawyer, Lawyers and Attorneys.

Times are tough for many. The economy is in rough shape and long-time employees are being laid off left and right. Families are having a difficult time making ends meet. An often overlooked issue is child support payments and it is important to understand your options when you cannot afford to pay the agreed upon amount any longer. Not nipping this problem in the bud as soon as possible has dire consequences and should be avoided at all costs.

The first step when deciding to modify a child support payment is a visit with the ex. Explaining your current situation to them and negotiating a new payment amount can save a lot of time and headaches in court. Maybe work a deal, where you see the children more or compensate them in other ways. The main issue is financial and if taking the kids out to the park a bit more will curb it, it is definitely worth a shot.

There are times where no agreement can be reached and you have to go to court. This does not mean all is lost. Through a family lawyer and explaining to the court your financial situation may convince the judge that you cannot make the payments. If the judge considers your concerns represented valid, he will likely modify your payments, making them affordable. The judge may also encourage you to find employment or a higher paying job so you can make the original payments. This process may require a few trips to the courthouse along with your lawyer to square away. Acceptable cases for temporary modifications are a child’s medical emergency, temporary inability to pay, and temporary financial or medical hardship of the parent. Permanent changes are awarded when: either parent remarries and receives more monies, the law changes, job changes, the cost of living goes up, or when the child’s needs change.

It is vital that you take care of this right away. The penalties for failing to make your support payments can range from a suspension of your driver’s license to a short stint in the jail. If there are any issues with custody, it may be used against you. Under the Child Support Enforcement Act, district attorneys are required to help collect child support, which could mean garnished wages and intercepting tax refunds. Besides that, whatever you fail to pay now will accumulate as arrears against you making it even more difficult. As they say, “A stitch in time saves nine.”

Well, first things first. There’s a Canadian man, Mohamed Kohail, who’s facing beheading in Saudi Arabia, for the alleged murder of another young man in a schoolyard fight, where dozens of people were involved in the beating of the 19-year-old Munzer Al-Haraki. Mohamed Kohail is 23, and his younger brother, Sultan, 17, was also found guilty. Sultan was sentenced to 200 lashes, though he’s about to be retried- this time as an adult (and so possibly facing the death penalty as well).

Mohamed Kohail’s family is asking for Prime Minister Stephen Harper to intervene, to prevent the execution. The government’s already been working to try and stay the execution, with high-level meetings between Canadian and Saudi foreign officials. Apparently Mohamed Kohail and a Jordanian youth who was also accused of the murder, Mehanna Sa’d, were held without communication to the outside world for six weeks after being arrested, and were possibly beaten. According to Amnesty International, “Their criminal lawyer was only allowed to attend two of the nine sessions of their trial, and was not allowed to challenge the evidence that was brought against them.”

Well. Having a good lawyer isn’t really going to help when he’s not allowed in the courtroom. Hopefully, the government can intervene effectively enough, and Messrs. Kohail will be able to return to Canada, to face a proper criminal trial and, possibly, serve any jail sentences they may deserve, heads firmly attached to their bodies.

The Arar family, the youngest brother of whom was subjected to an “extraordinary rendition” to Syria, where he was jailed for a year and tortured, is also complaining that the Canadian government is not doing enough to help them. Hanssan Arar, the eldest brother in the family, says he is still banned from entering the US.

Five years ago, after his brother was arrested, Hanssan was stopped at the US-Canadian border, surrounded by police with guns op and out, before being taken for hours of questioning. Then he was banned from ever re-entering the US. He’s had to sell his truck, and end his business, because of the ban.

While all brothers have been cleared of any wrongdoing, they are all still facing trouble, as one brother’s Montreal restaurant suffers because of the bad publicity surrounding the family name, and Hanssan is still unable to enter the US and do business. While the family settled a lawsuit against the government, after the inquiry into Maher Arar’s arrest was completed and the commission indicated that the family’s complaints against the government were likely justified.

Well, best of luck to the Arar brothers, in dealing with both their family situation, and in trying to find some justice in this entire situation. Hopefully, our government can stop the execution of Mohamed Kohail, and help at least one Canadian avoid an unfortunate foreign jail experience- and, obviously, in Mr. Kohail’s case, avoid a gruesome death.

Family law comprises of both – divorce and family violence issues.

Canadian family law covers issues on which a case could be filed as well as the punishment to the accused person can be given.

Canada’s Divorce Act applies in all the parts of Canada. Some of the grounds on which divorce case can be filed include:

• Spouses have lived apart for at least one year

• The defendant spouse has committed adultery

• The defendant spouse is mentally or physical assaulted by the plaintiff spouse

Some of the clauses considered by court in case of divorce are:

• Reconciliation is encouraged

• Division of Property

• Custody & Access - Best interest of child, involvement of both parents is encouraged

• Child Maintenance

• Federal Child Support Guidelines

• Spousal Support, Alimony

• Rewriting Divorce Contracts

• Enforcement of Child and Spousal Support Payments

• Provincial Family Maintenance Enforcement Programs

Want to solve all or any of these problems? Visit Lawyerahead.ca. It is a platform for clients to find lawyers. Post your family case and have lawyers contact you, interact with the community and learn more about other’s experiences with family law.

While divorce, in many minds, conjures up images of painful fighting and long, protracted court battles over the couch, the dog, and the kids, those seeking to ease the process can find more peaceful options than taking their former spouse to court: in Canada, families can elect to pursue either arbitration or mediation.

Arbitration and Mediation are two government-approved alternatives to entering divorce court to resolve disputes related to the breakup of the marriage. While neither process can make you officially divorced, it can help settle the issues that accompany a divorce much more cheaply.

There are differences between the two processes. Arbitration involves each party presenting their case to the agreed-upon arbitrator, and receiving a decision from the arbitrator (called an “award”) that is legally binding, if all the legal procedures were followed correctly. In Mediation, the agreement made is not legally binding until both parties have agreed to and signed the document.

For Canadians, mediation and arbitration are important options in the divorce process, easing and helping solve what are often very upsetting and contentious disputes. When it comes to child custody, mediation is an excellent option, since mediators are trained to place the children’s interests at the heart of the resolution.

Both Mediation and Arbitration take into account problems such as domestic violence and power imbalances within a family, and can use these to create custom rules for the mediation or arbitration process. People seeking mediation and/or arbitration still keep their lawyers, and consult with them throughout the process. The mediators, who must be agreed upon by all parties in the dispute, can be found through help from the courts, and organizations like Family Mediation Canada (FMC) or the Ontario Association for Family Mediation (OAFM). Your lawyer, as well as your local courts, will have more information on mediators in your area.

Mediation and Arbitration are voluntary programs, which are agreed to by all parties in a divorce before they begin. They have the potential to ease the divorce process, and help individuals come to a less contentious and bitter end to their relationship. While these options may not be for everyone, they’re certainly important for those looking to form an amicable divorce, or at least avoid some of the expenses of protracted court battles.

Learn more about Child Custody Basics, Child Support Basics, Factors and Preferences in Child Custody Decisions, Adoption Basics, Spousal Support Basics, Prenuptual Agreements, and Divorce Property Division from Lawyerahead.ca.

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