Family Law

Michael practices family law, primarily in the Kitchener and Cambridge courts. He deals with such issues as custody and access, child support, support enforcement and child protection. Michael accepts Legal Aid certificates.

Although the Family Law Rules, and the forms, were drafted to be user-friendly and understandable by unrepresented parties, they can be very confusing if you don't deal with them on a regular basis. To get what you are seeking in Family Court, you need to know what documents to use, and how to serve and file them. Just as importantly, you need to know what to ask for and what to say in these documents to be successful in court.

Michael deals most commonly with the following areas of family law:

Custody and Access: Parents in custody and access disputes often don't fully understand their rights, and the law with respect to these issues. Michael assists clients in understanding the law, and how it applies to their specific circumstances. With this understanding of how the law applies to them, people in such disputes are better able to understand what is an appropriate resolution for their case, whether through settlement, or court proceedings.

Child Support: Children are entitled to child support from non-custodial biological parents, as well as persons who have taken the place of a parent to them. Child support is based on the payor's income, and the number of children entitled to support. In order to determine the proper amount of support, the payor must provide a Financial Statement, along with proof of current income, and their last three years of income tax documentation. Making sure that you provide, or receive, proper financial disclosure can be a confusing process. Michael can help to ensure that you serve, or receive the right financial information, and that all relevant issues, including paternity and undue hardship, are considered before the right support amount is arrived at.

Support Enforcement: After there is a court order for child support, the monthly amount ordered to be paid continues until there is a further order of the court. If you lose your job, or if you end up making less money than you earned at the time of the order, your support obligation remains unchanged unless you bring a motion to reduce the support amount. The Family Responsibility Office is responsible for collecting support in Ontario. If you are unable to pay your support obligation, you can accumulate thousands of dollars in arrears. To collect these arrears, the FRO can garnish a significant percentage of your paycheque, take government payments owed to you, and even suspend your driver's licence. If you need to reduce your child support obligation, or if you are facing enforcement action by the FRO, Michael can help you by dealing with the FRO, and taking steps to vary your support.

Child Protection: The Children's Aid Society has significant power to investigate and act to protect children from abuse and neglect. Parents faced with CAS involvement often feel helpless and don't know how to deal with such intervention. It is important to respond to the CAS' court documents within the time limits, and to know what options are open to you when you are involved in CAS court proceedings. Not all family lawyers deal with CAS matters. Michael has experience handling CAS matters for parents.

Most of Michael's family law matters are in the Ontario Court of Justice. However, Michael has also dealt with family law matters in the Superior Court of Justice, including support variations, divorces and even appeals.