Monday, December 28, 2009

Want to Take the Fight Out of Divorces? Ontario Is.

Recently, I have been writing about Indiana's family law system in general (see Should Indiana Have a Statute Promoting Collaborative Divorce? and Follow up on If You Could Change the Delivery of Legal Services.) and Taking 'combat' out of divorce system from the Toronto Star caught my eye.

Ontario has good ideas - or so I think.

As of that date, every person applying for custody of or access to a child must complete a sworn statement outlining "the facts and circumstances that relate to the child's best interests."

The often thorny matter of money will also be tackled as financial information relating to child support will have to be disclosed annually.

And a parent whose name was left off their child's birth certificate will have the legal right to apply to have their surname added to their child's surname if the court grants a declaration of parentage.

And a parent whose name was left off their child's birth certificate will have the legal right to apply to have their surname added to their child's surname if the court grants a declaration of parentage.
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To that end, Bentley wants the system to provide more information to families up front about the legal steps they need to take and, more importantly, the impact on children when a relationship breaks down.

He wants the system to better be able to identify straightforward cases that can be resolved quickly and easily to free up resources for more complicated disputes.

As well, Bentley plans to make it easier for families to get legal advice and encourage them to pursue "less adversarial" means of resolving matters, such as mediation.


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