Ontario Family Law FAQs Answered by Lawyers
Family law in Ontario is one of the most emotionally charged and frequently misunderstood areas of legal practice. Whether you're going through a separation, planning to file for divorce, trying to navigate a custody dispute, or simply wondering how child support works, it's easy to feel overwhelmed. The legal terminology can be intimidating, court procedures feel distant and complex, and when children or property are involved, the emotional weight is heavy.
At Ramachandran Law, we regularly speak with clients who are uncertain, anxious, or misinformed about their rights and obligations under Ontario’s family laws. That’s why we’ve created this guide—to answer some of the most common questions we receive from individuals across the province. This is not just a list of Q&As; it’s a deeper conversation designed to inform, clarify, and empower you to make smart decisions about your legal future.
If you're searching for clear, credible legal advice, this guide will give you the knowledge to take the next steps with confidence. Here are some of the most frequently asked family law questions in Ontario—answered with the insights of a practicing lawyer.
Understanding the Basics: What’s the Difference Between Sole and Joint Custody?
When clients first hear the terms "sole custody" and "joint custody," they often assume these refer to how much time a parent physically spends with their children. In reality, custody in Ontario refers to decision-making authority—not where the child lives.
Sole custody means one parent has the exclusive right to make major decisions for the child’s upbringing, including education, health care, and religious instruction. The other parent may still have access or parenting time, but they are not legally involved in decision-making.
Joint custody, on the other hand, requires both parents to consult and agree on these major decisions. It does not necessarily mean equal time-sharing, but it does demand a level of cooperation and communication between parents.
In 2021, Ontario moved toward more modern terminology through Bill C-78, which amended the Divorce Act. Today, the courts use the term "decision-making responsibility" instead of custody, and "parenting time" instead of access. However, the core legal concepts remain similar.
For parents contemplating custody arrangements, it’s important to understand that the court’s focus is always the best interests of the child. The ability of the parents to cooperate and communicate often weighs heavily in custody decisions.
Can My Ex Relocate with the Kids Without My Consent?
This is one of the most distressing questions we receive, particularly from non-custodial parents worried about being cut out of their children’s lives. The short answer: No, a parent cannot relocate with the children without the other parent’s consent or a court order, especially if there is a custody or parenting time agreement in place.
In Ontario, a parent who wishes to move a child to a new city, province, or country must provide written notice to the other parent at least 60 days in advance. This rule applies to both custodial parents and those with shared parenting responsibilities. The notice must include the proposed date of the move, the new address, and an explanation of how the move will affect the current parenting arrangements.
If the other parent objects, they must file a formal application with the court within 30 days. The court will then assess the request based on the best interests of the child, not necessarily what’s most convenient for either parent.
Relocation cases are among the most contentious in family law. Courts weigh the benefit of maintaining established routines, the strength of each parent-child relationship, and the practical impact of the move on the child’s emotional and social development. If you or your ex are considering a relocation, seek legal advice immediately—these cases are time-sensitive and emotionally charged.
How Is Child Support Calculated in Ontario?
Child support in Ontario is governed by the Federal Child Support Guidelines, which set out how much a parent should pay based on their gross annual income and the number of children requiring support. These guidelines are applied consistently to ensure fairness and predictability.
If one parent has primary custody, the non-custodial parent pays support based on the table amount that corresponds to their income level. If both parents share parenting time more equally, the "set-off" method is used, where each parent's support obligation is calculated and the difference is paid.
In addition to basic monthly support, parents may also share the cost of special or extraordinary expenses, such as private school tuition, daycare, medical expenses, and extracurricular activities. These are known as Section 7 expenses, and they’re usually shared proportionally based on each parent’s income.
One of the most common misconceptions is that child support is optional or negotiable—it is not. Child support is considered the right of the child, and parents cannot waive it even by mutual agreement. Failure to pay support can result in serious consequences, including enforcement actions by the Family Responsibility Office (FRO).
What Counts as Family Property in Ontario?
Ontario family law treats married couples and common-law partners very differently when it comes to property division. Only legally married spouses have an automatic right to an equal division of family property under the Family Law Act.
“Family property” includes all assets accumulated during the marriage—from real estate to bank accounts, pensions, and even business interests. Each spouse’s assets and debts are calculated as of two key dates: the date of marriage and the date of separation. The difference in net worth is divided equally, unless an exception applies.
There are some excluded assets, like inheritances and gifts received during the marriage (provided they haven’t been mingled with joint property). The matrimonial home, however, is almost always considered a jointly shareable asset—even if it was owned by one spouse prior to marriage.
For common-law couples, property division is not automatic. Each partner typically retains what they brought into or acquired during the relationship, unless there is a cohabitation agreement in place or a successful trust claim (such as unjust enrichment).
It’s vital to understand your rights before assuming anything about who gets what. Misunderstanding family property laws can lead to costly mistakes during settlement negotiations or court proceedings.
Do I Have to Go to Court to Get a Divorce?
Not necessarily. In fact, most family law matters in Ontario are resolved outside of court through alternative dispute resolution methods like mediation, arbitration, or collaborative law. These approaches are usually faster, less expensive, and less emotionally draining than traditional litigation.
For uncontested divorces—where both parties agree on all issues including support, custody, and property division—you can simply file a joint divorce application and avoid court entirely. Even for contested matters, many couples resolve their disputes through case conferences, settlement meetings, or mediation before ever setting foot in a courtroom.
The Ontario family court system encourages early resolution. In fact, you are required to attend Mandatory Information Programs (MIPs) if you are filing contested matters involving children. The goal is to educate separating couples about the impact of conflict and the benefits of cooperative parenting.
Of course, if all else fails, you do have the right to bring your case to court. But litigation should be considered a last resort—it is time-consuming, expensive, and often exacerbates family tensions. A skilled lawyer can help you assess whether court is necessary and guide you through the most efficient path toward resolution.
Real Questions We Hear at Ramachandran Law
Clients often walk into our office with very real, human concerns that don’t always align neatly with legal jargon. We’ve been asked everything from:
“Can I stop my ex from introducing a new partner to our kids?”
“Is it true I can’t take my child out of the country without consent?”
“What happens if I lose my job and can’t afford child support anymore?”
“Do I really need a lawyer if we already agreed on everything?”
Our answer? Every family is different—and while general rules apply, the details of your specific situation matter. We pride ourselves on taking the time to explain, strategize, and tailor legal guidance that aligns with your goals and protects your loved ones.
How to Book a Family Law Consultation
At Ramachandran Law, we understand that legal issues involving family are deeply personal. Whether you're seeking advice about your rights as a parent, want to ensure your financial future is protected after separation, or simply need someone to walk you through the divorce process, we’re here to help.
Booking a consultation is simple. Our team offers both in-person and virtual meetings for clients across Ontario. During your initial consultation, we’ll review your situation, outline your legal options, and answer any questions you have.
Our goal is not just to resolve your case—it’s to give you clarity, confidence, and peace of mind during a difficult time.
Final Thoughts
Family law in Ontario can feel overwhelming at first, especially when emotions are running high and decisions carry long-term consequences. But with the right legal guidance, you don’t have to navigate it alone.
By understanding how custody works, what qualifies as family property, how child support is calculated, and when court is truly necessary, you’re already a step ahead of many. At Ramachandran Law, we’re here to ensure your rights are protected, your voice is heard, and your path forward is as smooth as possible.
Need answers about your family law situation? Schedule a confidential consultation with Ramachandran Law today. Let us help you make informed, empowered decisions—because your family deserves nothing less.
