Frequently Asked Questions
1. How am I supposed to get the support that we agreed
to, or that the court ordered?
You may register your Agreement in Court for enforcement, and either an Agreement or a court
Order can be registered with the Family Maintenance Enforcement
Program for enforcement at no cost to the person trying to
enforce. The Program can put a federal intercept on payments
owing to the payer from Revenue Canada (for example, GST or
income tax refunds) and can obtain attachments so the funds
can be attached directly from the payer's employer. Contact
2. How can I separate from him when I am afraid of what
he will do?
You have a right to obtain restraining Orders for the safety
of yourself and your children and for protection of your assets,
even before he is aware you are seeking such protection.
Restraining orders for your personal safety are filed immediately
at the provincial Protection Order Registry for easy access by police
officers who may be called to enforce such an Order.
3. How can I stay in the family home with the children
once my husband and I separate?
You may be able to apply in court for an Order that you
have the interim exclusive use of the family home, especially
if you are primarily responsible for the day to day care of
children of the marriage. At the end of the day, you may be
able to trade off your interest in your husband's pension
(or some other family asset) against his interest in the family
home. It is important to explore the family resources and
what is really important to you, so you may seek the best
option (you may find a better result by selling the home in
due course and using the equity in a different way to ensure
your financial stability).
4. What will it cost me to obtain a divorce?
We work on an hourly fee. If a Separation Agreement is entered
into to resolve all outstanding disputes, the divorce can
be obtained as an unopposed desk Order without the necessity
of a court appearance. Typically, a desk Order divorce will
cost between $1,500 and $2,000 (including filing fees and other
out of pocket expenses), depending on whether or not there
are children of the marriage.
5. Do I have a right to spend time with my kids even if
their mother won't let me see them?
Yes, it is the right of children to know both parents (subject to restrictions to ensure the child's safety if you have
been hurtful towards the child in the past). Terms for parenting time can be set out in a Court Order if necessary. The specific
access or parenting time can be set out with sufficient
detail to encourage compliance by the mother, failing which remedies may be available to force compliance with the terms of a Court