INFO, FAQs, & videos re: caselines
family law
FAMILY LEGAL SERVICES PROVIDER (FLSP) LICENSING MODEL
FAMILY LEGAL SERVICES PROVIDER (FLSP) LICENSING MODEL
FAMILY LEGAL SERVICES PROVIDER (FLSP) LICENSING MODEL
A report proposing a FLSP Licence is going to Convocation for consideration on December 1st. The report is now available online. This report comes following recent comments made by the SCJ and the OCJ. If you would like to watch the webcast of the meeting, a link will be available via LSO.ca the morning of December 1. The meeting will begin at 9 a.m.
The Motion to be voted on is: “If the FLSP licence is approved, approve the requirement that the Access to Justice Committee review the FLSP licence, within three years from its implementation, to determine the impact of the FLSP licence on access to justice, and report to Convocation.”
FOLA’s Family Law Chairs will be following Convocation and will discuss our next steps (if any) around this proposal.
NATIONAL REQUIREMENTS
FAMILY LEGAL SERVICES PROVIDER (FLSP) LICENSING MODEL
FAMILY LEGAL SERVICES PROVIDER (FLSP) LICENSING MODEL
Over October and November 2022, The National Requirement Review Committee (“NRRC”) of the Federation of Law Societies of Canada sought feedback on the National Requirement, the standard that specifies the competencies and skills graduates of Canadian law school programs and internationally trained graduates and lawyers must have acquired to be admitted to law society admission programs in the Canadian common law jurisdictions.
Learn more about this Requirement here
FOLA's Family Law CoChairs welcomed this opportunity and prepared a submission urging the National Requirement Review Committee to consider adding substantive knowledge in family law to the National Requirement.
FLSP LICENSING MODEL BACKGROUND
FAMILY LEGAL SERVICES PROVIDER (FLSP) LICENSING MODEL
FLSP LICENSING MODEL BACKGROUND
In advance of February 2022's Convocation, FOLA, The Advocates’ Society, the Toronto Lawyers Association, and Family Lawyers Association issued a Joint Communiqué on the LSO’s FLSP licencing Report to Convocation in response to the LSO’s Report on Family Legal Services Provider Licence.
Thanks, in part, to this letter, the Access to Justice Committee Report on the FLSP Licence was pulled from agenda for the meeting of Convocation on February 24, 2022 saying that the "LSO will be considering next steps and how best to move access to legal services forward and will share further updates as they move ahead".
In June 2020, the Law Society’s Access to Justice Committee invited lawyers, paralegals, legal organizations and members of the public to provide comments on a FLSP Licensing model.
The proposed scope of permissible activities, required competencies and outline of the training program were detailed in the Access to Justice Committee: Family Legal Services Provider Licence Consultation Paper.
Following extensive consultations with Law Association members, FOLA presented the Law Society with our Submission on November 30, 2020.
OTHER ASSOCIATION SUBMISSIONS
JUMP TO :
DIVORCE ACT - NEW RESOURCES (FEDERAL)
BINDING JUDICIAL DISPUTE RESOLUTION (JDR) PILOT PROFECTS
FAMILY LAW RIGHTS OF APPEARANCE PILOT PROJECT
Justice Canada has announced the following new resources available on the Justice Canada website to help you understand the 2021 amendments to the Divorce Act:
New courses (free and accredited):
Parenting under the new Divorce Act
This course provides an overview of the amendments to the Divorce Act related to parenting including the new parenting terminology and best interests of the child criteria. It is intended to help legal advisers understand the child-focused approach of the Divorce Act’s parenting provisions and the impact of family violence on parenting arrangements.
Relocation under the Divorce Act
This course is designed to increase legal advisers’ knowledge and understanding of the new change of residence and relocation framework in the Divorce Act. It focuses on the procedures people must follow in relation to moves and the principles a court will apply in making a decision about a child’s relocation.
Family dispute resolution and duties for parties to a proceeding and legal advisers under the new Divorce Act
This online course focuses on family dispute resolution and the new duties for parties and legal advisers under the Divorce Act. This course will also address the amendments to the Act that encourage parties to use family dispute resolution processes and family justice services.
New resource for parents on relocation
Justice Canada now also has an Infographic explaining the new process where a parent proposes to move with a child.
FAMILY LAW RIGHTS OF APPEARANCE PILOT PROJECT
BINDING JUDICIAL DISPUTE RESOLUTION (JDR) PILOT PROFECTS
FAMILY LAW RIGHTS OF APPEARANCE PILOT PROJECT
Effective January 17, 2022, the Law Society, in partnership with the Superior Court of Justice and the Ontario Court of Justice, is launching a pilot project which will allow eligible lawyer licensing candidates (including candidates completing their work placements as part of an integrated practice curriculum program at Lakehead or Ryerson) to attend to an increased number of matters related to family law cases without first needing permission of the court pursuant to rule 4(1)(c) of the Family Law Rules.
A defined scope and set of safeguards have been implemented to ensure the integrity of the courts, to protect the public and to ensure eligible licensing candidates are supported and to deliver a successful outcome for this pilot project.
The Law Society is in the process of developing materials which will provide guidance to eligible licensing candidates, the judiciary and articling/LPP supervisors/principals taking part in the pilot project. Communications to these audiences will be rolling out over the remainder of the year through to the launch date across our corporate communications channels.
This pilot project is intended to provide eligible lawyer licensing candidates with increased opportunities to appear in court on family law matters while providing Ontarians with increased access to more affordable family law legal services.
BINDING JUDICIAL DISPUTE RESOLUTION (JDR) PILOT PROFECTS
BINDING JUDICIAL DISPUTE RESOLUTION (JDR) PILOT PROFECTS
BINDING JUDICIAL DISPUTE RESOLUTION (JDR) PILOT PROFECTS
In Spring 2021, MAG launched an innovative family pilot to help get simpler cases to conclusion more quickly.
The pilot is already available in Barrie and Muskoka, Cornwall, and Ottawa, as well as the Northeast and Northwest centres. Additional centres are expected to be added in early 2022.
Parties in the above locations may now, on consent, choose to participate in a Binding JDR hearing to reach a final resolution of their family law dispute more quickly and through less formal processes.
Have a look at some helpful resources the Simcoe Law Association has put together here.
FAMILY LAW RULES
BILL C-78 - FAMILY LAW & DIVORCE ACT (FEDERAL AMENDMENTS)
BINDING JUDICIAL DISPUTE RESOLUTION (JDR) PILOT PROFECTS
In Late April 2021, MAG requested input from FOLA on a proposal to create new standard orders setting out current legislated financial disclosure requirements in family law matters.
It is proposed that these standard orders would be made automatically by the clerk of the court upon the issuance of pleadings in every case in the Family Court of the Superior Court of Justice (SCJ), excluding child protection cases and applications for simple and joint divorces. It is proposed that the conditions upon on which these orders would issue, and the related process for doing so, would be set out in the Family Law Rules.
The SCJ has advocated for the development and issuance of these automatic orders in an effort to enhance the administration of justice and maximize efficiencies in court resources. The Court expects that, by bringing these obligations to the attention of parties early, these standard orders would assist in improving compliance with legislated financial disclosure obligations (such as the required financial disclosure under the Child Support Guidelines).
As a result of these orders being made, it is anticipated that courts would only need to address sanctions for breach of disclosure obligations, and this would reduce delays due to non-productive case conferences and parties bringing motions to compel individuals to comply with their obligations.
To be clear, any proposed amendments to the Family Law Rules would be carefully crafted to ensure that court staff are not exercising any discretion in issuing the orders.
BILL C-78 - FAMILY LAW & DIVORCE ACT (FEDERAL AMENDMENTS)
BILL C-78 - FAMILY LAW & DIVORCE ACT (FEDERAL AMENDMENTS)
BILL C-78 - FAMILY LAW & DIVORCE ACT (FEDERAL AMENDMENTS)
The Department of Justice Canada has been developing online training courses, professional training materials and Public Legal Education and Information (PLEI) resources concerning the recent amendments to federal family law legislation. Most of the Divorce Act amendments came into force on March 1, 2021.
FAMILY LAW & DIVORCE ACT (ONTARIO AMENDMENTS)
BILL C-78 - FAMILY LAW & DIVORCE ACT (FEDERAL AMENDMENTS)
BILL C-78 - FAMILY LAW & DIVORCE ACT (FEDERAL AMENDMENTS)
Both the Divorce Act and the Children’s Law Reform Act were amended to include significant changes to divorce, separation and parenting. The changes to the Divorce Act include amendments to the Central Registry of Divorce Proceedings regulation under that act.
Parties who apply for a divorce must provide the following new/additional information to the Central Registry of Divorce Proceedings (CRDP) unit:
· Each spouse’s surname and given names on the day before the day of the marriage, and
· Each spouse’s date of birth and gender on the day before the day of marriage
The forms under the Family Law Rules have been amended to include text fields for the collection of the above information. Parties must file using the correct family court form or their filing will be rejected and they will need to refile with the new version.
For the Family Law Rules: O. Reg. 114/99: FAMILY LAW RULES (ontario.ca) (the amendments to the rules are incorporated but greyed out)
To access the forms under the Family Law Rules: Family Law Rules Forms | Ontario Court Services (ontariocourtforms.on.ca)
The Divorce Act Changes Explained (federal government)
MAG called on FOLA to provide input on expanding the definition of "child" in the Children’s Law Reform Act. LEARN MORE.
In December 2019, Ontario's Attorney General called on FOLA to comment on how the they should amend legislation as a result of the Federal' government's Bill C-78 is to determine how it will impact Ontario’s family justice system, and what changes may need to be made in preparation for Bill C-78 coming into force.
You can view FOLA's submission here
And you can view the Family Law association for Middlesex here.
JUSTICE SERVICES ONLINE (JSO) PLATFORM
MAG REVIEW OF FAMILY & CIVIL LEGISLATION, REGS, & PROCESSES
MAG REVIEW OF FAMILY & CIVIL LEGISLATION, REGS, & PROCESSES
The Justice Services Online (JSO) platform (ontario.ca/familyclaims and
ontario.ca/page/file-civil-claim-online) has expanded to enable the online submission of close to 400 types of civil and family court documents.
The new services, “Civil Submissions Online” and “Family Submissions Online” will provide a simple and quick way to electronically submit court documents, at every step in a case, in any new or existing:
• civil action or application in the SCJ; and
• family proceeding in the SCJ or OCJ.
Users can pay court fees online securely by debit or credit card. Individuals can also use the system to request a fee waiver certificate or submit documents with an existing fee waiver certificate.
Getting Access
To access Justice Services Online, users are required to create an account using their Ontario ONe-key ID. ONe-key is a unique electronic credential that allows you to communicate securely with online government services.
Setting up your ONe-key ID is fast and simple. To learn more, visit https://www.one-key.gov.on.ca/iaalogin/overview.jsp.
The Ministry will enhance the service based on user feedback. If you have any questions or would like to provide feedback about the service, please contact Alexey Togunov, Director, Project Implementation Branch at Alexey.Togunov@ontario.ca.
MAG REVIEW OF FAMILY & CIVIL LEGISLATION, REGS, & PROCESSES
MAG REVIEW OF FAMILY & CIVIL LEGISLATION, REGS, & PROCESSES
MAG REVIEW OF FAMILY & CIVIL LEGISLATION, REGS, & PROCESSES
UPDATE: MAG REVIEW OF FAMILY AND CIVIL LEGISLATION, REGULATIONS, AND PROCESSES
During June and July 2019, Lindsey Park, MPP and Parliamentary Assistant to the Attorney General, led a review of Family and Civil Legislation, Regulations, and Processes. In addition to hosting consultation sessions across the province, the government accepted written submissions.
You can read FOLA's submission here.
You can read the TLA's Proposals for Family Law Reform here.
FAMILY LAW ACTION PLAN UPDATES
MAG REVIEW OF FAMILY & CIVIL LEGISLATION, REGS, & PROCESSES
FAMILY LAW ACTION PLAN UPDATES
Since the Family Law Action Plan was approved in December 2017, the Law Society has carried out a significant amount of work in the development of a licensing framework that will permit paralegals and others to assist the public with certain family legal services. The Family Law Working Group—a bencher group established by Convocation—is responsible for overseeing the development of the licence.
The first step in building the licensing framework is the determination of the scope of permissible activities. Consultation has been key to the development of that scope, which is ongoing.
DIVORCE ACT - ONLINE TRAINING, MATERIALS, & FORMS
FOR LAWYERS (MARCH 2022)
FOR LAWYERS (MARCH 2022)
FOR LAWYERS (MARCH 2022)
Justice Canada has announced the following new resources available on the Justice Canada website to help you understand the 2021 amendments to the Divorce Act:
New courses (free and accredited):
Parenting under the new Divorce Act
This course provides an overview of the amendments to the Divorce Act related to parenting including the new parenting terminology and best interests of the child criteria. It is intended to help legal advisers understand the child-focused approach of the Divorce Act’s parenting provisions and the impact of family violence on parenting arrangements.
Relocation under the Divorce Act
This course is designed to increase legal advisers’ knowledge and understanding of the new change of residence and relocation framework in the Divorce Act. It focuses on the procedures people must follow in relation to moves and the principles a court will apply in making a decision about a child’s relocation.
Family dispute resolution and duties for parties to a proceeding and legal advisers under the new Divorce Act
This online course focuses on family dispute resolution and the new duties for parties and legal advisers under the Divorce Act. This course will also address the amendments to the Act that encourage parties to use family dispute resolution processes and family justice services.
New resource for parents on relocation
Justice Canada now also has an Infographic explaining the new process where a parent proposes to move with a child.
FOR LAWYERS (2021)
FOR LAWYERS (MARCH 2022)
FOR LAWYERS (MARCH 2022)
The Department of Justice Canada continues to develop online training courses, professional training materials and Public Legal Education and Information resources on the recent amendments to federal family law legislation.
Online Training Courses
The Department is developing a series of free online courses about the recent amendments to federal family laws. Law Society accreditation information will be provided for each course. The first two online courses in the series are available on the Department of Justice Canada’s website.
i) Introduction to Federal Family Law Amendments
This course focuses primarily on the amendments to the Divorce Act, but also briefly describes amendments made to the Family Orders and Agreements Enforcement Assistance Act and the changes relating to two international Conventions touching on matters of family law.
ii) *NEW* Family violence and family law for legal advisers
This course provides information about family violence and family law and explains changes to the Divorce Act relating to family violence.
The website will be updated with the following additional courses soon:
- Parenting under the new Divorce Act
- Relocation under the Divorce Act
- Inter-jurisdictional support proceedings under the Divorce Act
- Family Dispute Resolution and Duties for Parties and Legal Advisers under the New Divorce Act
The Divorce Act Changes Explained
The Divorce Act Changes Explained provides information about the changes to the Divorce Act adopted by Parliament in June 2019. Each entry details the amendment to the legislation, explains the change, & provides the reason for it.
Relocation Forms
Justice Canada has developed user-friendly forms for giving notice about relocations and for objecting to the relocation of a child.
- Notice of Relocation Form
- Objection to Relocation Form
- Notice of change in place of residence: Person with Contact
Central Registry of Divorce Proceedings (CRDP) Forms
The following CRDP forms have been updated to align with amendments to the CRDP Regulations under the Divorce Act that came into force on March 1, 2021:
- Registration of Divorce Proceedings Form
- CRDP Search Request Form (for individuals requesting information about their own divorce)
- CRDP Search Request and Consent Form (for individuals requesting information about someone else’s divorce)
The updated forms are available at: The Central Registry of Divorce Proceedings (justice.gc.ca)
Fact Sheets
Fact Sheets are available on a number of topics related to the Divorce Act amendments. These resources are available in a printable format. Topics include:
- Parenting arrangements after separation or divorce
- Duties for parents and others
- A Child’s Views and Preferences
- Moving after separation or divorce?
- Divorce and Family Violence*
- Family dispute resolution: resolving family law issues out of court*
*New* These two facts sheets are now available in 12 additional languages at: Publications (justice.gc.ca)
Family Law Publications
Justice Canada has updated existing family law publications to reflect the legislative changes. These publications address issues relating to parenting arrangements for children, child support, family violence, out-of-court family dispute resolution, and relocation.
- Making plans: A guide to parenting arrangements after separation or divorce
- What happens next? Information for kids about separation and divorce
- The Federal Child Support Guidelines: Step-by-Step
- Parenting Plan Checklist
- How children react at different ages and stages
Family law pages updates
The family law pages of the Department of Justice Canada website are being updated regularly with new materials, so we encourage you refer to them on a regular basis: www.family.justice.gc.ca
FOR FRENCH RESOURCES, CLICK HERE
ONTARIO FORMS
Beginning March 1, 2021, parties who apply for a divorce must provide the following new/additional information to the Central Registry of Divorce Proceedings (CRDP) unit:
· Each spouse’s surname and given names on the day before the day of the marriage, and
· Each spouse’s date of birth and gender on the day before the day of marriage
The forms under the Family Law Rules have been amended to include text fields for the collection of the above information. Please note that , effective March 1, 2021, parties must file using the correct family court form or their filing will be rejected and they will need to refile with the new version.
In order for staff to be able to process existing divorce claims in a timely way, the filing of divorce applications will not be accepted by email or through the Family Submissions Online portal from February 24, 2021 until March 1, 2021. Applications and Answers in which a claim for divorce can be made will also be temporarily removed from the dropdown list of eligible submissions on the portal during that time. The portal will, however, remain open for all other types of document submissions.
For the Family Law Rules: O. Reg. 114/99: FAMILY LAW RULES (ontario.ca) (the amendments to the rules are incorporated but greyed out).
To access the forms under the Family Law Rules: Family Law Rules Forms | Ontario Court Services (ontariocourtforms.on.ca).
MOVING ONTARIO FAMILY LAW FORWARD ACT
The changes introduced in the Moving Ontario Family Law Forward Act to the provincial Children’s Law Reform Act will be coming into force on March 1, 2021 to coincide with the federal Divorce Act amendments – which are also to come into force on March 1, 2021. In addition, changes to clarify family law appeal routes will also be coming into effect at the same time.
The amendments to the Divorce Act in Federal Bill C-78 focus on changes to parenting terminology, and other matters such as family violence, the best interests of the child test and parental relocation. The Divorce Act will no longer refer to “custody” or “access”. Instead, divorcing spouses will seek “parenting orders” in relation to any children of the marriage, which would allocate “parenting time” and “decision-making responsibility”. In addition, a third party (such as a grandparent) who applies for what is currently an “access” order as part of the divorce proceeding, would apply for a “contact” order.
The changes to the Children’s Law Reform Act in Provincial Bill 207 will bring parenting terminology changes in line with the forthcoming federal Divorce Act amendments. Consequential amendments to the Family Law Rules and court forms will also come into force at the same time.
Bill 207 also amends the Courts of Justice Act and other provincial statutes to clarify the appeal routes for all family matters and make the family law appeal system easier to navigate. These changes – also coming into force on March 1, 2021 – will help Ontarians to better understand the family appeal process, increase consistency and fairness regardless of where cases are heard, and ultimately help families reach final decisions faster.
The Divorce Act Changes Explained (federal government)
FOR FAMILIES
FOR LAWYERS (MARCH 2022)
FOR FAMILIES
The Department of Justice Canada has been developing online training courses, professional training materials and Public Legal Education and Information (PLEI) resources concerning the recent amendments to federal family law legislation. Most of the Divorce Act amendments will come into force on March 1, 2021.
For Families: The following Public Legal Education and Information (PLEI) resources provide information about the Divorce Act amendments. Materials are available on the family law pages of Justice Canada’s website at: https://www.justice.gc.ca/eng/fl-df/index.html:
Fact Sheets - Fact sheets are available on a number of topics related to the Divorce Act amendments. These resources are available in a format that can be printed. Topics include:
- Parenting arrangements after separation or divorce
- Duties for Parents and others
- A Child’s Views and Preferences
- Divorce and Family Violence
- Family dispute resolution: resolving family law issues out of court
- Relocation (coming soon)
Parenting Plan Checklist (available but being updated) - This is a checklist that helps parents identify some of the issues and questions they need to consider when developing a parenting plan.
Parenting Plan Tool (available but being updated) - This interactive tool provides parents with options to develop a personalized parenting plan (a written document that outlines how parents will raise their children after separation or divorce).
What Happens Next (available but being updated) - This booklet is designed to help children learn some basic facts about family law and give them an idea of the processes that parents may go through when they separate. It aims to help children realize that it’s normal for them to have an emotional response to their parents’ divorce, and encourages children to voice their concerns to someone they trust. Parents can read the booklet with their younger children, while older children can read it themselves.
Making Plans (available but being updated) - This guide for parents contains helpful information about parenting after separation and divorce when deciding on the best parenting arrangement for their children. The guide provides information for parents who are making parenting arrangements under the Divorce Act, and can also be useful to parents who are separating even if the Divorce Act does not apply.
Step by Step (available but being updated) - This technical guide provides 8 easy steps to help determine child support pursuant to the Federal Child Support Guidelines (Divorce Act regulations). It will be updated to reflect changes to federal family laws.
Family law pages updates
The family law pages of the Department of Justice website are being updated continuously with new materials, so we would encourage you refer to them on a regular basis. Please see: https://www.justice.gc.ca/eng/fl-df/index.html
ONTARIO CONSULTATIONS RELATED TO C-78
DEFINITION OF “CHILD” IN THE CHILDREN’S LAW REFORM ACT
HAGUE CONVENTION ON INTERNATIONAL RECOVERY OF CHILD SUPPORT
HAGUE CONVENTION ON INTERNATIONAL RECOVERY OF CHILD SUPPORT
MAG is considering expanding the definition of “child” in the Children’s Law Reform Act. The current definition of “child” can be found in Part III of the Children’s Law Reform Act: Child -
18(2) A reference in this Part to a child is a reference to the child while a minor.
It has been proposed that this definition of “child” be amended to align with the federal definition of child in the Divorce Act, to ensure equal treatment for children of married and unmarried spouses. Like the Children’s Law Reform Act, the Divorce Act also deals with custody and access of a child; while the provincial Children’s Law Reform Act applies to unmarried spouses or married spouses who are not divorcing, the federal Divorce Act applies to married spouses who are divorcing.
Subsection 2(1) of the Divorce Act defines “child of the marriage” as follows: child of the marriage means a child of two spouses or former spouses who, at the material time,
(a) is under the age of majority and who has not withdrawn from their charge, or
(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life;
The “age of majority” is defined in subsection 2(1) of the Divorce Act as: age of majority, in respect of a child, means the age of majority as determined by the laws of the province where the child ordinarily resides, or, if the child ordinarily resides outside of Canada, eighteen years of age;
This change in definition would give Ontario courts jurisdiction to make custody and access orders in respect of adults with disabilities or medical conditions or who, for other reasons, remain in their parents’ or other caregiver’s charge. Such orders could include decision making responsibility for contact with non-custodial parents, residence, education, health care, culture, language, religion and extra-curricular activities.
Currently, the Substitute Decisions Act governs decision making for adults who are unable to make their own decisions in the areas of property management, shelter, health care, hygiene, safety, nutrition, and clothing. If the definition of child is expanded as proposed, consideration would need to be given as to how the overlap between the Children’s Law Reform Act and the Substitute Decisions Act could be reconciled.
HAGUE CONVENTION ON INTERNATIONAL RECOVERY OF CHILD SUPPORT
HAGUE CONVENTION ON INTERNATIONAL RECOVERY OF CHILD SUPPORT
HAGUE CONVENTION ON INTERNATIONAL RECOVERY OF CHILD SUPPORT
The Hague Convention on International Recovery of Child Support provides a legal framework for the cross-border recognition and enforcement, establishment, and variation of support orders. At this time, international recovery of support obligations is achieved by reciprocal arrangements established by provinces and territories (PTs) under their respective legislation. In Ontario, reciprocal arrangements are established under the Interjurisdictional Support Orders Act, 2002 (the ISO Act).
The Convention must be ratified by the Federal Government of Canada. Canada signed the Convention on May 23, 2017 but has not yet ratified it. It can only be ratified once federal implementing legislation has been passed and implementing legislation has also been passed in at least one PT. Canada’s Bill C-78 is the federal implementing legislation. It received Royal Assent on June 21, 2019, and is anticipated to come into force on March 1, 2021. In order to have the Convention apply provincially, Ontario would also need to introduce and pass implementing legislation and ask the federal government to have the Convention apply in Ontario.
Under the ISO Act, Ontario currently has reciprocal arrangements for the international recovery of support obligations with all other PTs in Canada, the United States, Australia and 24 other jurisdictions. If the federal government ratifies the Convention and Ontario implements the Convention provincially, Ontario would then have reciprocal arrangements with an additional 31 countries, including all members of the European Union (EU). Currently, Ontario does not have reciprocal arrangements with most members of the EU. Further, EU member countries are not permitted under European law to enter directly into new bilateral arrangements with other jurisdictions in the field of family maintenance; new arrangements can only arise through the Convention.
As the AG and MAG consider this important proposal, the AG is inviting Law Associations and your Members to provide your perspective.
Read more in a letter to FOLA in December 2020 requesting input here.
MAG would appreciate receiving your views in writing, to Amanda.Iarusso@ontario.ca, no later than January 15, 2021. FOLA will not be preparing a formal Submission.
Read the TLA's letter to the AG regarding the Convention.
USEFUL TOOLS AND LINKS
JUSTICE CANADA HELP TOOLKIT
ONTARIO's FAMILY LAW LIMITED SCOPE SERVICES PROJECT
ONTARIO's FAMILY LAW LIMITED SCOPE SERVICES PROJECT
The HELP Toolkit: Identifying and Responding to Family Violence for Family Law Legal Advisers is now available on the Department of Justice Canada website.
The toolkit provides practical guidance to help legal advisers identify and respond to family violence in their family law cases.
The “HELP” approach is based on new and existing research on:
· Family violence in the family law context;
· The current practices and needs of legal advisers in relation to identifying and responding to family violence with family law clients; and
· The needs of family law clients who have experienced family violence.
The development of the HELP toolkit was supported by many people across the country, including experts in family law and family violence, legal advisers, frontline service providers, the Canadian Bar Association’s Family Law Section, and the Federation of Law Societies of Canada.
ONTARIO's FAMILY LAW LIMITED SCOPE SERVICES PROJECT
ONTARIO's FAMILY LAW LIMITED SCOPE SERVICES PROJECT
ONTARIO's FAMILY LAW LIMITED SCOPE SERVICES PROJECT
The Ontario Family Law Limited Scope Services Project’s website (funded by a grant from the Law Foundation of Ontario) has been designed to improve access to family justice for middle and lower income Ontarians by increasing the use of limited scope retainers, legal coaching and summary legal counsel in family law matters.
On the site, you can find resources for family lawyers and other useful Information.
PLUS: the Project has waived the requirement that is a mandatory pre-requisite to joining the roster to require that lawyers watch the webinar in groups during the COVID-19 pandemic. As such, you now have the ability to complete the mandatory training alone with a request that the viewer has a quick check-in with the project manager to facilitate registration and an opportunity to have questions answered.
HERE'S A DIRECT LINK TO THE WEBINAR
IF YOU HAVE ANY QUESTIONS ABOUT THE PROJECT, PLEASE EMAIL TAMI AT:
JOIN THE ROSTER!
ONTARIO's FAMILY LAW LIMITED SCOPE SERVICES PROJECT
FAMILY COURT FORMS TOOL
Lawyers who have 3+ years of experience with a minimum of 30% in family law can register for free after doing the 2 hour webinar.
If you are looking for ways to increase member engagement during the pandemic (and to help promote participation in this important access to justice initiative), why not run a contest? Challenge a neighbouring law association for a signup duel! FOLA would offer to be the neutral judge.
If you are interested in competing against another association, just let Katie know at katie.robinette@fola.ca, and she will help get both associations some information (suggested tweets, images, newsletter blurb, etc) to get you started, and FOLA will announce and recognize the winner(s) on social media!
To see the roster of family lawyers who have already signed up for the project, click here.
IF YOU HAVE ANY QUESTIONS ABOUT THE PROJECT, PLEASE EMAIL TAMI AT:
FAMILY COURT FORMS TOOL
FILE A DIVORCE APPLICATION ONLINE
FAMILY COURT FORMS TOOL
MAG is pleased to share that Community Legal Education Ontario’s Guided Pathways to Family Court Forms tool continues to expand.
In addition to helping users complete the forms required to apply for a simple or joint divorce and file a separation agreement with the court, the tool now leads users through many forms required to apply for corollary relief, including custody, access, support, property division, and a restraining order (with or without a divorce claim).
Family Claims Online and Guided Pathways are complementary online services that aim to strengthen the Ontario family justice system by making it more efficient and easier to use.
Instructions for setting up your ONe-key and Justice Services Online accounts.
FILE A DIVORCE APPLICATION ONLINE
FILE A DIVORCE APPLICATION ONLINE
FILE A DIVORCE APPLICATION ONLINE
In Ontario, you can apply to the Ontario Superior Court of Justice for a divorce.
You can file online for a::
- joint divorce – you and your spouse apply for a divorce and any other court orders together because you both agree to a divorce and on all other family law matters (such as parenting, spousal support or division of property)
- simple divorce – you apply for a divorce on your own because you and your spouse can’t agree to a divorce and you’re not asking for any other court orders
Before you submit your online application, make sure you qualify and have all of the required documents.
FOLA & OTHER ASSOCIATION SUBMISSIONS
FOLA’S SUBMISSION TO MAG ON AMENDMENTS TO THE DIVORCE ACT - Jan 16 2020
FOLA’s SUBMISSIONS TO MAG's CONSULTATION TO REVIEW FAMILY LEGISLATION, REGS & PROCESSES - July 2019
FOLA’s RESPONSE TO LSO’s ACCESS TO JUSTICE COMMITTEE - : Friday May 31, 2019
FOLA's FAMILY LAW COMMITTEE RESPONSE TO FAMILY LEGAL SERVICES REVIEW - May 23, 2017
FOLA's PARALEGAL COMMITTEE RESPONSE TO FAMILY LEGAL SERVICES REVIEW - May 25, 2017
FOLA's RESPONSE TO THE CONSULTATION ON EXPANDING LEGAL SERVICES - April 28, 2016
MORE FAMILY LAW INFORMATION
CASELINES
FAMILY CLAIMS ONLINE SERVICE UPDATE
FAMILY CLAIMS ONLINE SERVICE UPDATE
CaseLines Reminder: Please ensure that you are using CaseLines whenever you receive an invitation to do so! See letter from Madam Justice Suzanne M. Stevenson, Senior Family Judge.
View an 18-minute CaseLines tutorial on how to access, update, invite people and review evidence for cases here. A link to a demonstration of CaseLines may be accessed here.
CaseLines Hearings – Tips for Counsel and Self-represented Parties
CaseLines information sheet – English
CaseLines information sheet – French
Below are the zoom coordinates for April CaseLines information sessions:
Family Demonstrations:
April 9, 2021 from 8:00 AM to 9:00AM:
https://ca01web.zoom.us/j/63648719996?pwd=bHlXYXlISU9KM25iV3FsRDR5SUo3UT09
Passcode: 721605
April 13, 2021 from 1:00 PM to 2:00PM: https://ca01web.zoom.us/j/67963742520?pwd=K0d1Tm9abDhCbngrREZBTUZBRmpYZz09
Passcode: 976060
NOTE: If you have trouble logging in to any of the above sessions, please contact Cheryl Alphonso at Cheryl.Alphonso@ontario.ca
Family Demonstration Recording (East and Northwest regions):
February 24, 2021 https://vimeo.com/528336065/1c69c516a3
Frequently Asked Questions About CaseLines - SCJ
(NB: The SCJ CaseLines FAQ were updated on Jan 11th: FAQ 7 sets out the court’s new document naming protocol. FAQ 8 indicates that tabs and bookmarks are now functional in CaseLines)
Frequently Asked Questions About CaseLines - LSO
Effective January 11, 2021, paragraph 24 of the Toronto Region’s Consolidated Practice Direction for Civil Actions, Applications, Motions and Procedural Matters in the Toronto Region has been amended to require parties or their representatives to provide their email addresses to the Civil Motions Coordinator 30 days prior to the motion date. Email addresses are required for the CaseLines document sharing platform.
IMPORTANT NOTE: The amendments to the Rules of Civil Procedure, in force on January 1, 2021, require email addresses to be provided on backsheets when filing via CaseLines. The requirement to provide email addresses is also set out in the Supplementary Notice to the Profession and Litigants in Civil and Family Matters Including Electronic Filings and Document Sharing (Caselines Pilot). On January 7, 2020, the above Notice was updated with current information about payment of filing fees for documents filed by email. It now provides, in section 2 (Electronic Court Filings – Justice Services Online):Where counsel and parties deliver materials by email, subject to direction from the Court, they undertake to file the same materials in paper format, and pay the requisite filing fee, at the court when regular court operations resume. This includes preparation of the court’s Continuing Record for family cases.
Important reminders regarding the implementation of CaseLines for Toronto SCJ family cases as follows:
- CaseLines is now being used for family cases in Toronto. After your event has been scheduled, you will receive an email from the Trial Coordination office asking you to upload your material for the event into a specific CaseLines folder for your case. It is the court’s expectation that parties will upload their materials into CaseLines unless they are not able to do so, for instance a litigant who does not have adequate internet access;
- You will only receive these emails if the court has your current email on file. Please ensure that this is included on all court filings going forward. This also makes it easier for our Trial Coordination office to contact you regarding the scheduling of events. IMPORTANT NOTE: The amendments to the Rules of Civil Procedure, in force on January 1, 2021 require email addresses to be provided on backsheets. The requirement to provide email addresses is also set out in the Supplementary Notice to the Profession and Litigants in Civil and Family Matters Including Electronic Filings and Document Sharing (Caselines Pilot).
- CaseLines is not an e-filing platform. Materials must still be filed with the court in advance in accordance with the applicable rules and notices. We strongly encourage you to file your materials through the Ministry’s JSO family online portal where possible, as those documents automatically become part of the court’s FRANK record;
- CaseLines uses a specific document naming protocol which helps the judge to find and review the documentation for an event much more easily. The document naming convention and other important information is available here.
- If you are uploading documents that will require the in-court registrar to stamp as exhibits, please upload these documents individually as only one electronic exhibit stamp can be added per document;
- If other lawyers or staff require access to your case in CaseLines, you may invite them by selecting the “Invite New Participant” button found on the People’s tab on CaseLines;
- If you have not yet done so, we recommend that you view one of the training tools that is available on the court’s website and review the Frequently Asked Questions About CaseLines. These tools will help you familiarize yourself with CaseLines and understand how it can help you work with the materials during your event. More live trainings will be offered prior to the roll out of CaseLines to additional regions;
- If you need support to resolve technical issues, please call Thomson Reuter’s technical support at 1-800-290-9378 and select either “CaseLines” or “Evidence Sharing” when you reach the directory, or email westlaw.softwaresupport@tr.com. This support is available from 8am-5pm (EST - Monday to Friday).
- If you have suggested improvements to CaseLines, please email them to the Office of the Chief Justice at: scj-csj.general@ontario.ca
FAMILY CLAIMS ONLINE SERVICE UPDATE
FAMILY CLAIMS ONLINE SERVICE UPDATE
FAMILY CLAIMS ONLINE SERVICE UPDATE
On February 25, 2019, the Family Claims Online service was expanded to enable Ontarians to initiate simple divorce applications online at any time. The existing joint divorce online filing process has also been enhanced to permit property claims on consent.
The service will continue to allow users to pay court fees online securely by credit or debit card and enable users to create profiles in order to save filings in progress and view the history of their filings.
This expansion follows the successful province-wide launch of the service in November 2018.
BONKALO REPORT - BACKGROUND
In 2016, Ontario's Attorney General and the Law Society of Ontario Canada asked Justice Annemarie Bonkalo to undertake a consultation to "Expand Legal Service Options for Families". Included in this consultation was a proposal to allow paralegals and other legal service providers, such as law students or law clerks, to deal with certain family matters. The Ministry consultation page can be accessed at this link.
Justice Bonkalo's report was released to the public in February of 2017.
Upon receipt of the "Bonkalo Report", the Law Society undertook a consultation to solicit the views of stakeholders on the 21 recommendations made in the report.
Our responses can be found in the reports provided by our Family Law Committee and Paralegal Committee.
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