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Answers to pressing questions on Family Law Family Matters by John Syrtash Getting Equal Parenting Time Question: I was married for almost 10 years and have a six-year-old son. giving notice of where he/she is going, but without a written parenting agree- My wife was having an affair with my son's Godfather, which resulted in the birth of a baby girl. The truth came out about the affair and the baby girl in May when the baby was 7 months old, making it an affair of more than two years. Now my wife is on maternity leave until early November and she has more time with my son in a new house into which she moved 6 months ago with the boyfriend, baby girl and my son.I never agreed she could leave with our son, but she left anyway. I am trying to get 50 per cent of access time with with the child or to order a private clinical Assessment with a social worker, no luck. How is that possible? What are my rights? Answer: The problem in getting "50 percent" access is that you appear to be seeking advice after the most significant event has already happened. 6 months have elapsed since she left with your son, but without your consent. (if they are old enough to be interviewed), teachers, physicians and friends This is a crucial mistake most men make. The mother has no legal right to unilaterally leave with your child without a court order or your express consent. But because you did nothing at the time she left a "status quo" situation has now developed. It is now difficult to undo the damage. Normally, one based on evidence about the qualifications of different candidates. How I advise clients that if their spouse attempts to take matters into their own hands and leave with a child but without an agreement then my dient should make an urgent application for an Order for the police to locate the child and return him to his care. The "parent left behind" should also apply to a court for sole or shared custody on the basis that his/her spouse has attempted to take away a child from the other parent without prior written consent. Why and how can I give such advice? Well, under Ontario law, both parents are presumed to share the child's time equally until a Court orders otherwise even if the parties have separated. I give this advice even if such a parent leaves by ment. In the absence of violence or the threat of violence, no parent has the right to unilaterally take a child away from the other parent without prior writ- ten consent or a court order. It's usually not in a child's best interests. In your case you are best to have your lawyer assemble good witnesses and other evidence about your relationship with your son. Altematively, you may ask the court to order the Ontario Children's Lawyer to investigate your relationship John Syrtash B. A (Hon., LL.B. Associate Garfin Zeidenberg LLP Family Lawyer & Mediator for 38 years psychiatrist or psychologist to do so. The Children's Lawyer's services are free but they are selective about which cases to investigate or to represent a child. In a clinical Assessment, a clinician interviews everyone including the children Mr. Syrtash is Senior Family Law Associate to Garfin Zeidenberg LLP celebrating 38 years as a They will then make recommendations to the court in a written Assessment Report that can often maximize your time with your son., If you and the other parent cannot agreed on which clinician to retain then the Court will select Family Law lawyer this year. Suite 800, 5255 Yonge Street (at Norton) just north of Mel Lastman Square, Civic Centre Subway station, Toronto, ON M5G 1E6 ever, even if the costs are shared it is not unusual for such an Assessment in Ontario to cost between $10,000-20,000, with a retainer of at least $3000 to start. The Court is not obligated to accept the recommendations of either the Children's Lawyer or a private Assessor. However, in most cases these reports carry a great deal of weight if proper procedures are followed. John Syrtash can be reached at (416) 642-5410 Cell (416) 886-0359. On behalf of the partners and staff of Garfin Zeidenberg LLP we wish you and your family a Shana Tova Umetukah, a Good and Sweet Year. 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 reliance 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. Answers to pressing questions on Family Law Family Matters by John Syrtash Getting Equal Parenting Time Question: I was married for almost 10 years and have a six-year-old son. giving notice of where he/she is going, but without a written parenting agree- My wife was having an affair with my son's Godfather, which resulted in the birth of a baby girl. The truth came out about the affair and the baby girl in May when the baby was 7 months old, making it an affair of more than two years. Now my wife is on maternity leave until early November and she has more time with my son in a new house into which she moved 6 months ago with the boyfriend, baby girl and my son.I never agreed she could leave with our son, but she left anyway. I am trying to get 50 per cent of access time with with the child or to order a private clinical Assessment with a social worker, no luck. How is that possible? What are my rights? Answer: The problem in getting "50 percent" access is that you appear to be seeking advice after the most significant event has already happened. 6 months have elapsed since she left with your son, but without your consent. (if they are old enough to be interviewed), teachers, physicians and friends This is a crucial mistake most men make. The mother has no legal right to unilaterally leave with your child without a court order or your express consent. But because you did nothing at the time she left a "status quo" situation has now developed. It is now difficult to undo the damage. Normally, one based on evidence about the qualifications of different candidates. How I advise clients that if their spouse attempts to take matters into their own hands and leave with a child but without an agreement then my dient should make an urgent application for an Order for the police to locate the child and return him to his care. The "parent left behind" should also apply to a court for sole or shared custody on the basis that his/her spouse has attempted to take away a child from the other parent without prior written consent. Why and how can I give such advice? Well, under Ontario law, both parents are presumed to share the child's time equally until a Court orders otherwise even if the parties have separated. I give this advice even if such a parent leaves by ment. In the absence of violence or the threat of violence, no parent has the right to unilaterally take a child away from the other parent without prior writ- ten consent or a court order. It's usually not in a child's best interests. In your case you are best to have your lawyer assemble good witnesses and other evidence about your relationship with your son. Altematively, you may ask the court to order the Ontario Children's Lawyer to investigate your relationship John Syrtash B. A (Hon., LL.B. Associate Garfin Zeidenberg LLP Family Lawyer & Mediator for 38 years psychiatrist or psychologist to do so. The Children's Lawyer's services are free but they are selective about which cases to investigate or to represent a child. In a clinical Assessment, a clinician interviews everyone including the children Mr. Syrtash is Senior Family Law Associate to Garfin Zeidenberg LLP celebrating 38 years as a They will then make recommendations to the court in a written Assessment Report that can often maximize your time with your son., If you and the other parent cannot agreed on which clinician to retain then the Court will select Family Law lawyer this year. Suite 800, 5255 Yonge Street (at Norton) just north of Mel Lastman Square, Civic Centre Subway station, Toronto, ON M5G 1E6 ever, even if the costs are shared it is not unusual for such an Assessment in Ontario to cost between $10,000-20,000, with a retainer of at least $3000 to start. The Court is not obligated to accept the recommendations of either the Children's Lawyer or a private Assessor. However, in most cases these reports carry a great deal of weight if proper procedures are followed. John Syrtash can be reached at (416) 642-5410 Cell (416) 886-0359. On behalf of the partners and staff of Garfin Zeidenberg LLP we wish you and your family a Shana Tova Umetukah, a Good and Sweet Year. 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 reliance 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.