Ontario Family Law Podcast
- March 2019
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- October 2015
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- November 2013
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- December 2012
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The Ontario Family Law Podcast is hosted by Certified Specialist in Family Law, Ontario family lawyer, mediator, arbitrator and collaborative lawyer, John Schuman. John is also the author of the Guide to the Basics of Ontario Family Law, which is available from Amazon as a paperback or a Kindle eBook and from iTunes for your iphone/ipad.
In an easy-to-understand manner, the podcast discusses all family law matters, from marriage, to separation and divorce, and child welfare issues. John discusses many, and the most important, family law issues in depth and provides pointers to keep people out of trouble.
Some of the topics covered include:
- marriage contracts and cohabitation agreement
- what does "divorce" mean
- how do you get child custody? How does a judge decide which parent gets custody?
- what say to children get in family court?
- how is child support calculated?
- what are special and extraordinary expenses? Who pays? How much?
- how is property divided?
- what is family mediation, family arbitration and collaborative practice?
- how to keep assets away from your inlays
- the Ontario Family Court process, step-by-step, from how to start court proceedings, through all the steps leading up to trial
- domestic violence and what to do
- special family law issues for Emergency First Responders (Police, Paramedics, Firefighters, etc.)
- special topics on chidren’s issues and children’s rights
- common law relationships
This podcast It is essential listening for anyone experiencing major life events. Just listening can make sure you do not fall into any family law pitfalls. You can subscribe to the podcast on iTunes or by using RSS.
To contact John Schuman, use the email address or telephone number at the top of this page.
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.
If you would like to contact John Schuman, pick any episode and fill out the contact form at the bottom of the page.
This podcast is provided for general information only. It does not constitute legal advice with regard to any specific situation.
University Cheating Scandal Finds Celebrities Sneaking Their Kids into Prestigious Schools
CBC Hear & Now on University Cheating Scandal
Celebrities such as Felicity Huffman and Lori Loughlin, prominent business leaders and lawyers have all been arrested for trying to “cheat” their kids into elite U.S. Universities like Yale, Stanford, UCLA, the University of Texas and others. They bribed coaches to have their children admitted as athletes, when they were not, paid off exam proctors to let other people write exams of their kids, or change the answers and arranged for their children to be fraudulently identified as having special needs. The competition is certainly fierce to get into some U.S. Universities. Canadian University degrees are also valued throughout the world. Education Lawyer, John Schuman, has seen his share of scams to get kids into schools and to get marks that they did not deserve. He discussed the U.S. scandal and his own experience in they segment from CBC Toronto’s Here and Now. (Find the player at left or below on some mobile devices)
More information about Ontario Education Law is available on this page. For additional information about education law, or to get legal help or protection for your child, contact Education Lawyer, John Schuman, call 416-446-4036 or use the contact form below. You can also comment on this story, or share it on your social network using the buttons below. Sharing is one of the best ways to make sure people who need this information get it.
37 - Sharing the Holidays After Separation
37 - Sharing the Holidays After Separation
Holidays (be they Christmas, Chanukah Kwanza, Eid, New Years, or any other important celebration) can be difficult for separated families. It may be impossible for the kids to celebrate with both parents and their families - or to have the most important times, such as Christmas Morning, with both parents. Dividing up these special times with the children can be one of the biggest challenges after separation or in divorce.
Fighting over the holidays can ruin them for your kids and cause psychological harm. In this edition of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, gives useful parenting, child custoodu and Family Law tips on how to share your children over important holidays. If you and your ex have not been able to sort out the holidays, this episode is essential listing to protect your kids and make sure they have a celebration, not a conflict.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a a paperback from Amazon and better bookstores. Anyone who has to deal with issues related to child custody, child access or parenting after separation should rely on both of them for give easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns. The book also covers all the other related family law issues, such as child support, spousal support, property division and restraining orders. To get your copy of the book, click on the picture of the book above and to the left.
Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on family law, divorce and separation issues. Please feel free to share this podcast with your social network using the sharing buttons below. The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law, practicing in Toronto. if you would like to contact him, either call 416-446-4036, email us, or fill out form below and click “send.”
You can comment on this podcast using the comments section below. Share your experiences with child custody matters to supplement what people learn from this important podcast.
36 - Is Family Court Biased?
36 - Is Family Court Biased?
For years, many people have said that Family Court is biased towards women. Lately, women who feel that fathers get "joint custody,” even "shared parenting," no matter what, feel that it is has become biased in favour of men. In this episode of the Ontario Family Law Podcast (the first available in both video and audio formats), Certified Specialist in Family Law, John Schuman, explores the issue of what, besides the law, influences judges when they make decisions in Family Law cases. People often lose cases for reasons that are not always related to their gender. Understanding how to get a judge’s sympathy is critical to “winning’ in Family Court.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a a paperback from Amazon and better bookstores. Anyone who has to deal with issues related to child custody, child access or parenting after separation should rely on both of them for give easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns. The book also covers all the other related family law issues, such as child support, spousal support, property division and restraining orders. To get your copy of the book, click on the picture of the book above and to the left.
Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on family law, divorce and separation issues. Please feel free to share this podcast with your social network using the sharing buttons below. The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law, practicing in Toronto. if you would like to contact him, either call 416-446-5869, email us, or fill out form below and click “send.”
You can comment on this podcast using the comments section below. Share your experiences with child custody matters to supplement what people learn from this important podcast.
Is January Divorce Month?
CBC Ontario Morning with Wei Chen
It is not just urban legend that more couples separate or start their divorce in January. Divorce Lawyers do see more people call their offices in that month than any other. John Schuman was a guest on CBC’s Ontario Morning radio program to explain why. You can listen to interview by clicking on the player to the left.
Divorce in January
The pressure and stress of the holidays are too much for some couples. Others find that spending so much time together can exaggerate the difficulties in the relationship. Others decide that they are going to turn over a new leaf in the new year - and those plans do not include their spouses. Regardless of the reason for the separation, it is not as important as the first steps after the separation - as those decisions can have a bigger impact on the spouses, and the children, as the separation itself.
1 - Separation and First Decisions
Deciding to separate from a spouse is a decision to make carefully. It is a decision that should be made knowing what will happen next and what to do. To find out more about how to separate from your spouse and what to do next, check out the first episode of the Ontario Family Law Podcast. You should also watch the video below. Finally, get more information about the first steps after separating from your spouse on this page.
There are also a number of common mistakes that people make when separating from their spouses. Some of the most common ones are set out in the video below. However, to make sure you are making the best decisions for your and your children, you should consult with a top family law lawyer about the specifics of your case. John Schuman is a Certified Specialist in Family Law. To make an appointment with him, use the contact form at the bottom of the page, email him, or call 416-446-4036.
Another source of reliable family law information, that you can access at any time - before or after separation, is this $9.99 e-book for Kindle, Kobo, or iPad/iPhone/Mac or ordering the paperback version. It includes a lot of helpful information about Ontario Family Law issues, including property division, support, and most other family law that separating spouses and parents must address everyday. It will help you understand not only the law, but the decisions you have to make and what is involved with each choice.
Many thousands of people get family law assistance from this website everyday. If you have found this page useful, please share it on your social network using the Facebook, Twitter, LinkedIn and Pinterest buttons at the bottom of the page. Please comment on this page using the comments section at the bottom to share your thoughts on money issues in divorce or separation.
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Grandparents Sued for Child Support
CBC All in a Day - Ottawa
On the Coast - British Columbia
Morning North - Northern Ontario
A North Bay mother has sued her daughter's grandparents for $760 in monthly child support, plus $47,000 in back pay. In what may become a more common situation as grandparents assert their “legal rights” to access to their grandchildren, the child’s parents demand that those grandparents share the responsibility for the child - especially financial responsibility. Of particular concern in this case is that the Grandparents stepped in to keep their granddaughter out of foster care and that is part of the reason that the child’s mother is now suing them for child support after the children’s aid society allowed the child to return to her care.
John Schuman provided a legal commentary on this story from North Bay to CBC Radio Programs across the country and to Global Radio. You can hear the details of the case and John’s analysis of it, by clicking on the players to the left or the CBC and Global Audio below.
Child Support Laws in Ontario clearly allow grandparents, and step parents to become liable for child support. This happens when the grandparent or step parent acts like a parent (rather than a grandparent or step parent) to the child. Anyone who stands in the place of a parent to a child becomes responsible for paying child support for that child.
12 - How Step Parents and Grandparents Can Have to Pay Child Support
Grandparents do have rights under Ontario Family Law. However, with the recognition of those rights may be a recognition of responsibilities if grandparents want to be actively involved in raising their grandchildren.
To learn more about the law that applies and can require grandparents or step parents to pay support, listen to Episode 12 of the Ontario Family Law Podcast: How Step Parents and Grandparents Can Be On the Hook for Child Support.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 eBook for Amazon Kindle and Kobo and as an iBook for iPad, iPhone and Mac or a paperback from Amazon and other fine book sellers. The Guide is an easy-to-understand explanation of the basics of all aspects of Ontario Family Law, from a description of Family Court and the other ways to resolve family law matters, to a description of the most important family law topics, to tips on how to avoid common mistakes and succeed after separation.
If you would like more assistance with child support, contact Certified Specialist in Family Law, John Schuman, by calling 416-446-5080, emailing him, or using the contact form below. You can also use the contact form to comment on this page.
If you found this page, information or audio files helpful, please share them on your social network using the buttons below.
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35 - Keeping Child Custody/Access Issues Out of Court
35 - Resolving Children's Issues Outside of Court
The research is clear that parental separation or divorce does not harm children, it is the conflict between parents, even at mild levels, that have serious long-lasting negative impacts on children. While there are many things parents can do to protect their children in these situations, one of the most important, if not the most important, is to work out post-separation parenting issues without a big fight. Family Court, as part of its adversarial system of justice, most often requires some form of conflict over children’s issues. However, there are many alternatives to Family Court for parents who want to work out custody/access issues with less conflict and with more control over the results. While judges always decide custody/access cases in the best interests of the children, what a judge thinks is in a child’s best interests can be different from what the child’s parents think.
In this edition of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains the options for working out custody/access issues without resort to the Courts. He describes parenting mediation, parenting coordination, family law arbitration, custody/access assessments, the Office of the Children’s Lawyer and how each of these options works and when each of them can be best. This podcast also describes how parents can have greater control over the parenting plan after separation by using these other methods.
All separated parents, who do not have a parenting plan or agreement over custody/access issues must listen to this podcast to find out not only how to get the best results and protection for their kids, but also how to get the parenting arrangements that work best for them.
For more information about mediation, check out this page, with a video on what happens at family and parenting mediation.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as an e-book for Amazon Kindle or Kobo, and as an iBook for iPad, iPhone and Mac, or as a paperback from Amazon and other fine book sellers. Anyone who has to deal with issues related to child custody, child access or parenting after separation should rely on both of them for give easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns. The book also covers all the other related family law issues, such as child support, spousal support, property division and restraining orders. To get your copy of the book, click on the picture of the book above and to the left.
Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on family law, divorce and separation issues. Please feel free to share this podcast with your social network using the sharing buttons below. The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law, practicing in Toronto. if you would like to contact him, either call 416-446-5869, email us, or fill out form below and click “send.”
You can comment on this podcast using the comments section below. Share your experiences with child custody matters to supplement what people learn from this important podcast.
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Comments:
David L. - The podcast is very good. I would like to draw attention to what goes on outside of court and agreements. When one parent does not keep the agreement they have made and turns around to alienate the children. Then there is no remedy. I and many others have that problem. Yet, to find alternate solutions by the time the children can spend the time with both the realtionship is strained. I have tried for the last 8 years to come to solutions yet due to unreasonable other side have lost that time which the children and I will not be able to get back. Moving forward low income families that struggle to spend the wanted time, need some help other than legal aid.
Response from John Schuman: It is never acceptable for a parent to alienate the children from their other parent. That is actually very harmful to children who need to know both their parents and form their own, independent, impressions of who their parent are. A child deciding whether he or her likes or dislikes a parent is important in helping the child develop a sense of identity. Episode 19 of the podcast may help you. In addition, here are some pages on tips on what to in this situation when your children are: pre-school or school age, teenagers, or infants.
Karin T. - I agree with the comment above; the podcast is very useful. I also agree that it is what goes on behind the scenes that is problematic. I had a mediated agreement that my ex-spouse didn't feel the need to comply with if he didn't agree with it. He played the role in the mediator's office and then in the parking lot would say, "I don't agree with the mediator." This caused endless frustration and grief for me. I ended up no longer willing to pay the high cost of mediation - $2,000/ hr and waste the time.
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Difficult Custody Cases - CJOB Interview
How Judges Decide Child Custody Cases
Sometimes child custody cases become very difficult, adversarial, and drawn out battles that are terrible for the kids. Those cases cane be difficult cases for Family Court Judges to decide. After a child custody case went very wrong in Manitoba, CJOB News Director, Richard Cloutier, interviewed John Schuman about child custody and access cases.
In this interview Richard and John discuss some important topics in family law, and particular to child custody:
- What are the most important things judges consider when deciding child custody cases
- How child custody cases go wrong and how they can harm the kids
- How parents can lose perspective when fighting over child custody
- The alternatives to court to avoid big fights and better protect the kids
- When going to Family Court is necessary and when it is not
- Why child custody cases can drag out
- How parents lose child custody cases
Listen to this short radio segment to gain excellent insight into how child custody cases are decided in Family Court and how to do the best things for yourself and your kids.
The featured expert on this radio interview is John Schuman. John is a Certified Specialist in Family Law and the author of the Guide to the Basics of Ontario Family Law, which is available as an e-book for Amazon Kindle or Kobo, and as an iBook for iPad, iPhone and Mac, or as a paperback from Amazon and other fine book sellers. Anyone who has to deal with issues related to child custody, child access or parenting after separation should rely on both that book, and the Ontario Family Law Podcast for easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns. The book also covers all the other related family law issues, such as child support, spousal support, property division and restraining orders. To get your copy of the book, click on the picture of the book above and to the left.
Contact John Schuman, Certified Specialist in Family Law and Divorce Trial Lawyer, mediator, arbitrator and collaborative lawyer, to get help with your child custody case. To reach him, either call 416-446-5869, email him or fill out form below and click “send.” We respond promptly whenever someone contacts us.
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34 - Disclosure in Family Law Cases
34 - Financial Disclosure in Family Law Cases
In Ontario Family Law, financial disclosure is both the starting point and the cornerstone of the separation or divorce process whenever there is money involved. It can often also be a bone of contention between spouses in itself, with one spouse feeling that he or she is being abused by massive disclosure requests and the other spouse being angry and suspicious that his or her ex is avoding disclosure to hide money.
In this edition of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains what disclosure is necessary in family law cases, when spouses have to provide it and what happens when one spouse is not satisfied with the disclosure provided. He goes over the disclosure process in Family Court, Mediation, Arbitration and Collaborative Practice and goes over the privacy concerns that disclosure can create in Family Court. This podcast also describes the serious consequences that can arise for a party who refuses to provide financial disclosure.
Find our about your disclosure obligations in your family law case, as well as how to deal with disclosure problems by listening to this edition of the podcast.
The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law and Divorce Trial Lawyer, mediator, arbitrator and collaborative lawyer, practicing in Toronto at Devry Smith Frank LLP, which is a full service law firm with several excellent lawyers in family law. If you would like to contact John Schuman, either call 416-446-5869, email him or fill out form below and click “send.” We respond promptly whenever someone contacts us.
Thousands of people tune into the Ontario Family Law Podcast every month to get valuable pointers on family law, marriage, divorce and separation issues that can save them thousands of dollars. It is also available on iTunes. The Ontario Family Law Podcast is a companion to this easy-to-understand book on the Basics of Ontario Family Law, which is also available for immediate download as a $9.99 ebook from Amazon (Canada) and Kobo or as and iBook for iPad, iPhone or Mac. For a more comprehensive explanation of family law issues, a guide to Ontario’s Family Courts and all the alternatives to court such as mediation, arbitration and collaborative practice, download a copy, order a paper copy from Amazon, or request it at your favourite bookstore or library,
If you would like to comment on this edition of the podcast, please use the form below. Your comments may help others in difficult family law, divorce or estates and succession situations. You can also use the form below to suggest topics for future editions of the Ontario Family Law Podcast. Please feel free to share this podcast with your social network using the sharing buttons below.
Call John: 416-446-5080
33 - The Law of Marriage Contracts and Cohabitation Agreements
33 - The Law of Marriage Contracts & Cohabitation Agreements
Family law can cause consequences to relationships that couples may not have contemplated. Marriage contracts (which are called prenuptial agreements in some US states) and cohabitation agreements can prevent common family law problems and are much more common than many people would suspect. These agreements can take people out of the usual procedures for addressing legal issues during and after a marriage and avoid a lot of the controversial issues that cause fights and even long battles after separation. But to have such an agreement hold up, and protect you and your family and also avoid difficult litigation in the event of a separation. You have to follow the law that governs making marriage contracts and cohabitation agreements.
In his episode of the podcast, family lawyer, Julie Tyas, gives a straightforward and easy to understand explanation of the law of marriage contracts and cohabitation agreements.
This episode is an enhanced podcast on iTunes, and slides to accompany what Julie is saying will appear on the screen of your iPhone, iPad, iPod, or computer as you listen to the podcast. To get to this Podcast on iTunes, click on the Ontario Family Law Podcast logo above. The MP3 version, which is at the left, does not have those slides, but you see them to the right of the text on this page.
People who work out a marriage contract before the wedding have given what marriage means more serious thought and go into the relationship and obligations knowing what they are getting into. Because they have done that, the foundation of the marriage is stronger and separation and using the marriage contract is less likely. Marriage contracts or cohabitation agreements have saved many relationships by addressing and removing issues that have caused the couple stress.
This podcast is essential listening for anyone getting married or considering moving in with someone.
If you would like to comment on this edition of the podcast, please use the form below. Your comments may help others in difficult family law, divorce or estates and succession situations. You can also use the form below to suggest topics for future editions of the Ontario Family Law Podcast. Please feel free to share this podcast with your social network using the sharing buttons below.
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone and as a a paperback from Amazon and better bookstores. Anyone who has to deal with issues related to child custody, child access or parenting after separation should rely on both of them for give easy-to-understand information and advice about how the law applies to their case and what are the best ways to address their concerns. The book also covers all the other related family law issues, such as child support, spousal support, property division and restraining orders. To get your copy of the book, click on the picture of the book above and to the left.
Thousands of people tune into the Ontario Family Law Podcast to get valuable pointers on family law, divorce and separation issues. Please feel free to share this podcast with your social network using the sharing buttons below. The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law, practicing in Toronto. if you would like to contact him, either call 416-446-4036, email us, or fill out form below and click “send.”
You can comment on this podcast using the comments section below. Share your experiences with child custody matters to supplement what people learn from this important podcast.
Contact Us:
32 - How to Change a Support Order or Agreement
32 - How to Change a Support Order
Things in life change. That is expected. People’s incomes go up and down. When that happens, child support changes and spousal support may change. That is important to make sure that the support payer is providing the right amount of support and that children share in the lifestyle of their parents. Sometimes, it is necessary to change support to avoid financial hardship for either the support payer or the recipient.
However, there are set procedures to change support. It is important to follow them because, in Ontario, support is enforced by the Family Responsibility Office. Other provinces and some other jurisdictions have similar government agencies. If the parties do not change support properly, the FRO or other agency may enforce the wrong amount of support. It may collect too little or too much. In addition, at one parties’ request, it may make the adjustment retroactive and cause serious financial hardship for one side. All because the parties did not change support properly.
This edition of the Ontario Family Law Podcast explains how changing support is easier and simpler than setting support in the first case - in some cases much easier. It describes the steps to follow to change support both by agreement and when the parties have a dispute about the amount of support. Listen to this podcast to find out how to change support properly and avoid problems.
The host of the Ontario Family Law Podcast, John Schuman, is a Certified Specialist in Family Law and Divorce Trial Lawyer, mediator, arbitrator and collaborative lawyer, practicing in Toronto at Devry Smith Frank LLP, which is a full service law firm with several excellent lawyers in family law. If you would like to contact John Schuman, either call 416-446-5847, email him or fill out form below and click “send.” We respond promptly whenever someone contacts us.
Thousands of people tune into the Ontario Family Law Podcast every month to get valuable pointers on family law, divorce and separation issues that can save them thousands of dollars. It is also available on iTunes. The Ontario Family Law Podcast is a companion to this easy-to-understand book on the Basics of Ontario Family Law, which is also available for immediate download as a $9.99ebook from Amazon (Canada) and Kobo or as and iBook for iPad, iPhone or Mac. For a more comprehensive explanation of family law issues, a guide to Ontario’s Family Courts and all the alternatives to court such as mediation, arbitration and collaborative practice, download a copy, order a paper copy from Amazon, or request it at your favourite bookstore or library.
If you would like to comment on this edition of the podcast, please use the form below. Your comments may help others in difficult family law, divorce or estates and succession situations. You can also use the form below to suggest topics for future editions of the Ontario Family Law Podcast. Please feel free to share this podcast with your social network using the sharing buttons below.
Contact Us:
