Family Law Lawyers in St. Catharines: What They Handle

When people search for a family law lawyer in St. Catharines, they often are not sure what the lawyer actually does. Family law covers a wide range of issues, and your situation may involve only one or several of them.

This article walks through the main areas, explains how they connect to the courts and processes you may meet, and points out where safety or cost may change your choices. It is general information and not legal advice.

Parenting: time and decision-making

Parenting issues cover who the children live with, how time is shared and who makes major decisions. Both the Superior Court of Justice and the Ontario Court of Justice hear parenting matters. If you are claiming parenting time or decision-making responsibility in an application, you need a signed Form 35.1, which must be signed before a commissioner for taking affidavits.

If parenting is at issue, you can start your case where you or your spouse lives, or where the children live. Under the Divorce Act, each party must, to the best of their ability, protect any child of the marriage from conflict arising from the proceeding.

Child support and spousal support

Child support and spousal support can be heard in either court, and the Ontario Court of Justice also deals with enforcement of support. If your case involves support, financial disclosure documents are among the attachments to an application.

Ontario also has an Online Child Support Service. Using it to set up or update child support costs a non-refundable $80 each time, and a fee waiver may be available.

Divorce and property

Divorce, division of family property, family home claims, and trust and unjust enrichment claims are heard in the Superior Court of Justice. The Ontario Court of Justice does not hear divorce or property claims. A divorce-only application uses Form 8A, the Continuing Record and the original marriage certificate.

Property questions often depend on details such as when you lived together, what each person owns and what each owes. A lawyer can explain how the rules apply to your facts.

Ways to resolve issues, with or without court

Not every issue ends up before a judge. Ontario lists negotiation, mediation, collaborative family law, arbitration and court as options. In a proceeding under the Divorce Act, the parties shall, where appropriate, try to resolve the matters that may be the subject of an order through a family dispute resolution process. A lawyer acting in a divorce proceeding must encourage you to do so unless it is clearly inappropriate, and must tell you about family justice services.

On-site mediation is free on the day your case is scheduled for court, and off-site mediation has a sliding-scale fee based on income and number of dependents.

Safety and power imbalances

Ontario's guidance says mediation may not be appropriate where there is violence or abuse in the family relationships, and that going to court may then be the better option. Court-connected mediators meet each person separately at intake, and screening continues throughout. Before family arbitration begins, both people are interviewed separately by a professional trained to recognize signs of domestic violence and significant power imbalances.

Family court support workers for abused women are listed at the St. Catharines and Welland Superior Court locations. Tell your lawyer about any safety concerns at the first meeting.

What to do next

• List each issue you need resolved: parenting, support, divorce, property.
• Decide whether you feel safe meeting your former partner in a mediation setting.
• Collect financial documents, any earlier orders and your marriage certificate if relevant.
• Ask any lawyer how they approach dispute resolution and what a court case is likely to cost, including court fees.
• Use a Family Law Information Centre for general information before or alongside a lawyer.

Frequently asked questions