Family Law Issues And Domestic Assault In Toronto

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In Toronto, provincial laws, like the Family Services Act, Children Act, Youth Act, and Family Law Act, and earlier court rulings, contain the laws about how domestic abuse affects family law matters. The laws could change hanging on the provinces where the families reside.

If you face an assault charge, you must immediately hire a skilled domestic assault lawyer in Toronto. Domestic violence affects family law matters in a variety of ways, including:

Arguments Over Who Will Reside In The Family’s House

If neither parent wants to move out, they can apply for sole ownership. The courts take domestic assault into account as a significant consideration when deciding whether to grant one spouse possession of the house.

Only married couples are eligible for this option. Whether on the title or renting the house, either spouse can try to get exclusive possession. These orders cannot determine who owns the household or is granted rights under a sale or lease agreement.

Additionally, a spouse’s ownership rights are unaffected by being ordered out of the marital residence.

Access and Custody of the Child

The family court considers the child’s best interests when deciding child custody cases. Past assaults committed by one parent against a spouse or child may be considered when determining what is in the child’s best interests.

If there is violence between the parents and they cannot work together or talk to each other, the judge may give sole custody to the assault victim. If a parent is awarded sole custody, they have the last say in all decisions about that child, including the school they attend, where they will live, and what is best for their health and well-being.

But a judge doesn’t have to give sole custody to the partner who was hurt by domestic violence. When domestic violence occurs while the spouses are together and the children might have witnessed it, the court views it as important.

Even in domestic violence cases, courts typically do not entirely dissolve the child and parent bond. Instead, there will be restrictions on the abuser’s ability to see the kids, like:

  • Supervised child visits
  • The abusive parent must go to counselling or parenting classes to see the child again.

The parent who abuses the child is more likely to be barred from seeing the child by the court if:

  • Their child was present when they abused their spouse.
  • The perpetrator neglected or physically assaulted the minor.
  • The aggressor is violent or irrationally angry.
  • An older minor expresses their desire not to see the abusive parent again.

Children’s Safety

In Toronto, Canada, laws have been passed that give government institutions special powers to protect minors. For instance, provincial legislation may permit governmental organisations to remove minors from violent households. In such cases, child custody could be given to the assault victim, extended family, or the Children’s Aid Society.

Child and Spousal Support

Spousal support claims do not provide compensation for domestic assault victims. But there are alternatives for a court to consider domestic assault when deciding how much spousal support to award. One instance is when the abuser has made it exceedingly difficult for the victim-spouse to become independent by preventing them from accessing money (for example, by pressing them to quit their work) or regulating how they spend it.

Any child under the age of 18 is normally eligible for child support. In some cases, child support for a 16 or 17-year-old who has chosen to leave the family home and no longer adheres to their parents’ guidelines is not required to be paid. In contrast, if a kid over the age of 18 is unable to stop receiving parental support, such as if they are still enrolled in school full-time or are unable to support themselves due to a handicap, child support may be demanded.

How Long Is Child Support Paid?

If you have a court order or a child support agreement, it is important to specify the circumstances under which the support would stop. For instance, financial assistance can end after a child reaches a specific age or educational threshold. However, a termination clause is frequently absent from support orders and agreements. In such circumstances, support is often required to continue until both parents agree to stop it. A child support termination date might be contested in court if the parents cannot agree.

Protection and Restraining Orders

Canadian family law and family violence laws can protect spouses and children from abuse by the other spouse. Provincial orders often fall under one of the following categories:

  • Restraining orders.
  • Protection orders.
  • Emergency protection orders.

Any legally married spouse could request one of these orders.

An abused spouse may request temporary or permanent protection restraining order against the abusive spouse from the court. To obtain a restraining order, one spouse should provide proof that they have a valid reason to fear for their safety or the protection of their child.

Your life could drastically change thanks to domestic assault allegations. You could face a restriction order and lose your child’s custody. If arrested and charged with a domestic violence offence in Toronto, seek legal counsel from an experienced family lawyer.

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