Answers to pressing questions on Family Law Family Matters by John Syrtash their father as possible, no matter how strained may be the relation- Charges Affect Custody Question:I recently have been unfairly charged by the police for Ship allegedly assaulting my wife. The charges are ludicrous. But I have been excluded from the matrimonial home pending the hearing of Question: My wite and l are separating.I have RRSPst the charges. The children live at home with her. Does this mean she now has custody of them? between their parents not wish to are going our separate ways. However, I am afraid to do so because of the tax consequences. Once cashed. I have to bring the fund into my cash but that I do wish to split with my wife now that we John Syrtash B. A. (Hon.) LL.B Garfin Zeidenberg LLP Family Lawyer & Mediator for 37 years Answer: Absolutely not. However, it does put you in a very disad- income for that calendar year. What do you advise? vantageous position since on a day to day basis the children appear to be living with them in the home where they have been normally Answer: Canada's Income Tax Act permits a transfer tax free of any portion of your RRSP's to a properly drafted separation agreement and if you sign a prescribed form it has for that purpose that you can obtain online or from any office of the Canada Revenue Agency and file with your tax return. your spouse on separation if it is provided or residing. It is imperative that failing negotiations to reassert your posi Family Law Associate ton 'equal parent' with perhaps something approaching equal Mr. Syrtash is Senior Garfin Zeidenberg LLP time with the children, you consider court action to obtain as much celebrating 37 years as Family Law lawyer this year. Suite 800, 5255 Yonge Street (at Norton) just north of time with the children as possible. The children's relationship with you should not have to change, especially if you are truly innocent of these charges. Unfortunately, given the reality of the justice system, Mel Lastman Square t takes so long for the charges to be disposed of, that by the time it Question: My wife has sole custody, but I don't like the way she allows my 14-year-old daughter to dress in very immodest clothing Civic Centre Subway station, happens your relationship with them may well be negatively affected. even thou gh her school allows it. I have complained to my ex about Toronto, ON MSG 1E6 lohn Syrtash can be reached at (416) 642-5410, If mediation with the mother fails it may be important to contact a qualified and competent family law lawyer to ensure that the Court understands the need for the children to have as much contact with her lack of proper attie several times. I am terrified my daughter will become pregnant one day. Is there anything I can do about this? Answer: No. Visit www.freemychild.com; www.spousalsupport.com; www.garfinzeidenberg.com Neither Garfin Zeidenberg LLP nor John Syrtash is liable for any consequences arising from anyone's rellance on this material, which is presented as general information and not as a legal opinion. Sponsored by the Community for Jewish Culture of B'Nai Brith Canada