Family Law
Core concepts
Family law in Ontario draws on the Family Law Act, the Children's Law Reform Act, and the federal Divorce Act. Know the best interests of the child, parenting time and decision-making responsibility, child support under the Federal Child Support Guidelines, spousal support, equalization of net family property, the matrimonial home, domestic contracts, and restraining orders. Child protection matters fall under the Child, Youth and Family Services Act. Common-law partners may claim spousal support after three years of cohabitation or a relationship of some permanence with a child. Equalization generally applies to married spouses, not common-law partners.
Traps
Questions often use outdated terms such as custody and access; use parenting time and decision-making responsibility. Best interests is child-focused, not a parental rights contest. Do not assume common-law partners share property equally. The matrimonial home has special rules: possession and equalization treatment can differ from other property. Child support is governed by guideline income, not simply what a parent can afford. Confirm the limits of a paralegal licence and refer matters beyond scope.
Worked example
A common-law couple separates after two years with no children. One claims spousal support under the FLA. The three-year threshold is not met and there is no child, so there is no presumptive FLA spousal support entitlement. Consider unjust enrichment or a domestic contract, and advise on the correct forum.
Rule of thumb
Separate the issues: parenting, child support, spousal support, property, and protection. Apply the best-interests test to parenting and guideline income to child support.