Discover Even More Dangerous Separation and Divorce Myths in Ontario and How to Avoid Them!

Discover Even More Dangerous Separation and Divorce Myths in Ontario and How to Avoid Them!

If you want to know how to avoid even more serious separation and divorce myths, you’ve come to the right place!

I discuss some more important myths you must know about in this video so that you can handle them successfully in your family law case.

Hi, my name is Thomas O’Malley.  I’m an experienced family lawyer in Durham Region and the GTA.

Here are four more separation and divorce myths in Ontario:

1.   You don’t have to let your former spouse see your children if they don’t pay child support.

If your spouse is not paying you child support or they are not paying enough child support, you are not entitled to cut off their access or parenting time with your children.

Ontario family law views child support and access or parenting time as two different family law issues.  You must not interfere with your former spouse seeing your children on a regular basis even though they are not satisfying their child support obligations.

In fact, you could face some serious family law issues in court if you start denying your former spouse access to your children in violation of a family court order.

2.  Your family lawyer should do whatever you want.

Many spouses sincerely believe that their family lawyer should do whatever they ask or request.

Some family lawyers might do this.  However, this is not right.

A good family lawyer will work closely with you so that you truly understand the applicable Ontario family law principles and how they apply to the facts of your case.

If your family lawyer simply does what you want and this does not make sense based on the application of Ontario family law principle to your own situation, you will simply have to pay more money and usually get worse results in your separation or divorce.

When you do whatever you want in your family law situation without regard to Ontario family law, you usually face poor results compared to taking a planned, strategic approach to your case based on the advice of an experienced Ontario family lawyer.

3.  Children can choose which parent they want to live with.

Your children do not decide which parent they want to live with. 

Undoubtedly, as your children get older, especially when they are 14 or 15 years of age or older, their wishes will have significant weight in terms of where they live.

However, your children’s wishes, which really only matter when they are an older teenager as I mentioned, are only one factor in deciding child custody, access and parenting time issues.

Put it this way, a six year old child cannot decide where they want to live!

4.  You can easily change your separation agreement or final settlement.

Many spouses believe it’s easy to change a separation agreement or final settlement.

Again, this is incorrect.  You need to show serious changes in your circumstances to change the terms of a separation agreement or final settlement. 

This is called a material change in circumstances. 

For example, if your spouse becomes difficult in making joint decisions about important matters for your children, this might amount be a material change in circumstances that would justify changing the terms about decision making for your children set out in your final settlement.

Work closely with your family lawyer to determine whether you have a good case to make changes to your final settlement.

If you have any questions about your separation, divorce or family law case and you would like our help, there’s a few ways to contact our office. 

You can leave a message on my Facebook law office page, visit my website at www.canadiandivorcelegaladvice.com, or call me directly at 905-434-8837.  We would be happy to speak to you.

Oh, by the way, did you know you can protect your family law rights and get essential information on settling your family law issues with your former spouse with the daily indispensable family law advice and tips at my FREE Facebook group? 

Click here to find out more: Durham Region Separation and Divorce Legal Support Group  

Thanks for watching this video.