From divorce to pet custody, an interesting year in family law

Toronto family lawyer A. Julia P. Tremain, a partner with Waddell Phillips Professional Corporation, had another busy year dealing with issues from common-law property division to the correct path to take in a divorce.

Understanding and caution are needed when making a separation agreement with a spouse who has mental health issues, she noted in January. “There can be very difficult conversations that would be necessary.” Be careful when splitting with spouse with mental health issues

In February, Tremain said pets are commonly considered members of the family and they can become the focus of litigious custody disputes in a divorce or separation so cooler heads should prevail when couples part ways. Who gets the pet can make for a contentious divorce

Living with an abusive partner can be harrowing but perhaps never more so when ending the relationship, she explained in her next post. “One of the most dangerous times in those cases is the time of separation.” Keep safety in mind when leaving an abusive relationship

In April, Tremain said those who take a “win-at-all-costs” approach in a family law dispute can find themselves facing serious sanctions as demonstrated in a court judgment that saw one mother ordered to pay more than $667,000 in court costs. Acting in bad faith in a divorce can have serious consequences

Contentious court disputes can be time-consuming and expensive, she advised in May and you may not only have to pay your own lawyer, but court can also order you to pick up a portion of your former partner’s legal bill if the judgment goes against you. Contentious court disputes can come with costly consequences

Commenting on a Supreme Court of Canada case in her next post, Tremain said what is in the best interest of the child is more important than biology when it comes to determining custody. Child’s welfare, not biology, comes first in custody considerations

With nearly one-quarter of Canadian couples living in common-law relationships, Tremain noted in her August post that it may be time for Ontario to consider changes in the law to deal with the division of property when such partnerships end. What you should know about common-law property division

In September, she explained the Office of the Children’s Lawyer is an integral part of the justice system that gives minors input into family law matters. Minors have a voice, thanks to the Office of the Children’s Lawyer

The next month Tremain said that because divorces can be stressful and expensive, it is important to carefully consider all your options. Choosing the right path in a divorce can reduce stress

Divorce is the final step to ending a marriage and whether the process will be simple or complicated will depend on the circumstances, she explained in November. “Generally, the divorce is the last thing that happens because there can be so many details to sort out first.” Many details may need to be worked out before a divorce is granted

In her final post of the year, Tremain notes that while calculating child support payments “can be very straightforward, there are still some complications that people need to be aware of.” Do your homework when determining child support payments