Podcast #73 – When Can You Legally Stop Your Ex From Seeing the Kids?

When parents do not separate on good terms, they often have concerns about the other parent’s priorities – particularly when very young children or infants are involved. When a separation is going to be high conflict, Family Lawyers  frequently hear from a parent who needs to start court right away, without trying any of the better ways to work things out, because the kids have been completely cut off from him or her.  The reasons why this happen vary, from domestic violence, to concerns about child abuse, to disagreements over parenting strategies, to questions about the other parent’s competences, to issues over child support and the children’s wishes.  But, there are only certain reason that judges believe justify cutting off a parent from the children.  Any other excuse is going to get a parent in serious Family Court trouble and that parent may even be cut off from the kids by Court Order!

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.

Podcast #72 – Travelling With Kids After Separation

One of, if not the most, frequent calls that family lawyers get from a panicked parent comes when a vacation is days away and the other parent won’t sign the required consents or travel documents.  That can mean that some pretty exciting trips to Disney World, or the Caribbean, or elsewhere are in jeopardy for the kids and travel insurance probably won’t cover the trip.   Sometimes the other parent has legitimate concerns.  But, more often that parent is bitter or jealous of the trip, or worried that it will give the travelling parent and “advantage” with the children.

That often means that at least one of the parents is not making decisions based on what is best for the children, and, as a result, the children are losing out.  That, “the children’s needs are secondary” approach in conflicts between parents is how children get harmed after separation or in divorce.

Family lawyer John Schuman explains the law around kids travelling after separation, how to avoid problems around travel, what consents, permissions or court orders are required, what to do when planning a trip for children after separation and, what steps a parent has to take when the other parent is being unreasonable about a proposed trip.

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.

Podcast #71 – How to Give to Your Kids, But Not Their Spouse/Partners

With the prices of everything going up, especially the costs of first-time homes, but also care, furniture and even diapers, many parents of adult children may find it necessary to help out their kids as they “get started” and are having trouble making ends meet, making financial plans for the future, or getting that first home to get into the real estate market.  While many older parents want to help out their kids financially, for a variety of reasons, they may not want to help out the spouses of their kids.

In this Podcast, Family Lawyer, John Schuman explores some ways that parents can help out their adult children without also giving it to their children’s spouses or partners.

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.

Podcast #70 – How the Crazy Real Estate Market Affects Divorce and Separation

The housing market, with its rapidly rising real estate prices, has been a topic of conversation across Canada.  It has also been a subject of interest in Family Courts, mediations and arbitrations.   Separated and divorcing spouses either want to make sure they continue to share in the rapidly increasing value of the home or to make sure their former spouses do not.   When spouses are married, they have matrimonial homes – sometimes more than one per couple – and those can create a lot of opportunities to gain great wealth, at the expense of the other spouse, in this real estate market.  Common-law couples do not equalize their property, so how they have arranged their finances may mean they share in every increase in real estate values or do not share them at all.

In this Podcast, Family Lawyer, John Schuman explains how the increase in value of matrimonial and family homes is shared, or is not, before and after separation, in the current crazy real estate market.

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.

Podcast #69 – Do You Have a Duty to Report to the Children’s Aid Society?

There is no question that child abuse and neglect are terrible and can have long-lasting impacts as well as ruin the entire lives of child victims. While everyone should want to protect children from child abuse and neglect, Ontario Law has made it mandatory for everyone in a job that relates to children to report suspicions of child abuse and neglect to a children’s aid society. But, many people have questions about what legal obligations they might have to report child abuse, what constitutes child abuse or neglect that must be reported and whether they can get into trouble for making such a report. This episode answers all those questions about the requirements to report to a children’s aid society.  It is critical to watch or listen to all professionals who work with children in Ontario.

In this Podcast, Family Lawyer, John Schuman answers all the questions about the requirements to report a child under your supervision to CAS.

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.

Podcast #68 – What Can Students Be Expelled for in Ontario?

Expulsion is the most serious punishment available within the school system and it can have long-lasting consequences for expelled students both for their education and for their lives more generally. Although Board’s deny it, most expelled students have some identifiable characteristics.  They are more often racialized, have special education needs, are socially awkward – nerds, geeks and such, have been in the care of a children’s aid society or a combination of those.  In short, they are the most vulnerable students. But, none of these are good reasons to expel a student. Alternatively, principals want kids out of their school if there is even a hint of sexual impropriety, which raises lots of questions about injecting school discipline into student social dynamics, especially amongst teenagers.

While it may be possible to expel private school students for anything, things are very different for public school students.  The student must have misbehaved at school, at a school-related activity or in a way that has impacted many students at the school.  In addition, there are only eleven types of misbehaviour for which a school board can expel a student.  If the student did not commit one of those types of acts at one of the required places, the student cannot be expelled.  And, there are some special circumstances where even if a student did one of those types of behaviour, they still cannot be expelled.  If the school is trying to expel a student improperly, the student and parents should fight that expulsion.  There are procedures for doing that and for appealing expulsions.

In this Podcast, Education Lawyer, John Schuman explains what students can be expelled for – and what they can’t. Many Ontario students are expelled improperly.  When that happens, they should not let the expulsions stand.  A child’s education is far too important.

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.

Podcast #67 – Will Your Ex Get Everything if You Die?

In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains what you have to do to keep your ex from getting everything if you die after separation and to ensure your inheritance goes where you want it to go.   With concrete examples, he sets out the precise steps that every separated spouse should take to preserve his or her estate for loved ones.

In this Podcast, Family Lawyer, John Schuman explains how to prevent your ex-partner from acquiring your inheritance after your death.

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.

Podcast #66 – How Long Does It Take To Get Divorced In Ontario?

In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains how easy and quick (or not) it will be to get an Ontario Divorce.  He explains what is required to qualify for a divorce in Ontario.  John also explains what separated spouses should do to get their divorce faster, some out-of-court options to move things along more quickly, and what will slow down the process and make it drag on.   This is all critical information that anyone considering separating from a spouse must know.

In this Episode, Family Lawyer, John Schuman explains how easy and quick (or not) it will be to get an Ontario Divorce.

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.

Podcast #65 – How to Change Child Support

Child Support is one of the hottest topics on this podcast.  It rouses a LOT of emotions. Separated parents frequently think that the amount of child support is wrong right from the start.  But, over time, changes in parents’ incomes and changes in parenting schedules can mean that the amount of child support DOES become wrong.  In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains what you have to do, step-by-step, to change child support.  He goes over what court forms to use, what the steps in the court process will be and how to avoid court. (This previous episode explains parents may want to avoid court.)  If the child support amount is now wrong, this episode explains how to fix that.

In this Episode, Family Lawyer, John Schuman explains how parents can change child support?

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.

Podcast #64 – How to Get Help for Your Child’s Special Needs in Ontario Public Schools

One of the ways the most frequent ways kids get into trouble in school is by not having their unique needs met.   It is well known that when a school fails to meet a student’s education needs that can lead to all kinds of problems – not just the student failing to learn the curriculum.   It can lead to the student being frustrated, sometimes to the point of dropping out, having behaviour problems, getting suspended or expelled, and in all cases, definitely not achieving what the student should in school. Often the resources for children with special needs are greater in the public school system than in private schools, which have only the resources that parents pay for.   But, getting the school to accommodate a child’s special needs can be challenging for parents.  Still, Ontario Education and Human Rights Law are often on the side of the student with a disability.

In this Episode, Education Lawyer, John Schuman explains how special education works in Ontario public schools and under Ontario Law so that parents can get their children the help they need.

For more information, check out www.DevryLaw.ca.

The companion book to this podcast, The Guide to the Basics of Ontario Family Law is available by clicking on the book to the right. The e-book is $9.99 and is available for immediate download from Amazon for Kindle, Kobo and iTunes for iPad, iPhone and Mac.If you have found this podcast useful, please feel free to share it on your social network by using the buttons to

the left or at the bottom of the page. Hundreds of people download episodes of the podcast every month because of the valuable information it provides on family law and family court issues.

This podcast was provided for general information only. It does not constitute legal advice with regard to any specific situation.

Opening and closing music © 2010 Little Jackie Wright

Thanks for listening.