Fathers Resources International

Fathers Resources International

Contact Info
Toronto  
416-861-0626

Toll-Free
 

1-888-543-2339 / 1-888-54-DADDY

On Mobile Phone?

CALL US!

 

 
Divorced Dad ToolBox
Learn the winning strategies and tactics designed to help eliminate unnecessary legal fees in Family Court 
 
Download if one of these apply to you:
 
* MASSIVE Legal Bills
* Losing in Family Court
* Lawyer problems
* Parenting time
* Access Problems
* Child Custody
* Paternity Fraud
* Grandparents rights
* Child support too high
* Can’t settle property
* Ex-wife won’t work
* Alimony Problems
* Judges not listening
 
Subscribe to our newsletter
INTERESTED IN FATHERS RIGHTS?
TIRED OF LOSING IN FAMILY COURT?
 
Subcribe to our regular e-mail updates
Just complete the subscription form.
 
Winning = Peace for your kids HERE AND NOW - Not Tomorrow...

Subscribe to our newsletter and learn how to:
* Improve parenting time
* Obtain Shared Parenting
* Win child custody
* Pay correct child support 
* End spousal support 
* Get rid of unfair arrears
* Protect Yourself
* Get your rights enforced
* Keep Drivers Licence
* Be treated with respect
* Maintain your dignity
* Win in Family Court

Learn the secret strategies and winning legal tactics of successful Divorced Dads who win in Family Court every time by applying OUR FORMULA for “WAGING PEACE”  for the sake of your kids.
 
STOP LOSING. BE A WINNER TODAY!
Subscribe to our newsletter "FATHERS RIGHTS NOW" and LEARN HOW.

 

Ontario Court of Justice - Family Court
Layperson Guides to procedure in the Ontario Court of Justice - Family Court

The following information is a short summary of the more detailed adobe acrobat .pdf documents. They explain in general layperson terms, the procedure in the Ontario Court of Justice - Family Court. It is not legal advice and you cannot rely upon it as such. You should always consult with a lawyer. If you cannot afford a lawyer, you should make application to legal aid and/or seek legal advice from duty counsel at your local Family Court.

NOTE: Pdf 01. Ontario Family Court Self-Help Consolidated Guide Consolidated below has all of the pdf's together in one document. EXCEPT for
09b. Motions To Change a Court Order, which needs to be downloaded separately to have a complete set of the pdf guides on this page.

Most Ontario Court of Justice - Family Court proceedings begin with an APPLICATION, where a party (meaning either a man/father or a woman/mother) initiates Family Court proceedings. The person initiating the Court proceeding is known as the APPLICANT.
 
The APPLICATION contains CLAIMS by the APPLICANT. These CLAIMS are what the APPLICANT wants the Family Court to order you to do.
 
Generally, once you have been SERVED (given the Court Documents) you have 30 DAYS under the FAMILY LAW RULES to formally RESPOND (subject to some exceptions) in what is known as an ANSWER.
 
The party who must ANSWER is known as the RESPONDENT.
 
The RESPONDENT'S provides an ANSWER to the APPLICATION either agreeing to the orders requested by the APPLICANT, or disputing them.
 
The RESPONDENT then may also make CLAIMS of their own, which the APPLICANT must answer in a REPLY.
 
If the APPLICATION contains a claim for either CHILD or SPOUSAL SUPPORT, then the ANSWER must have an accompanying FINANCIAL STATEMENT served with the APPLICATION.
 
An APPLICATION with a child support claim does not have to be accompanied by a FINANCIAL STATEMENT if the only claim is the table amount under the CHILD SUPPORT GUIDELINES. if there is a claim for EXTRAORDINARY EXPENSES or you make a STANDARD OF LIVING TEST CLAIM, then the other party must serve you a FINANCIAL STATEMENT.
 
Also, if there is CLAIM for SPOUSAL SUPPORT, you must be served a FINANCIAL STATEMENT.

If there is a claim for custody and/or access, you must also serve and file a form 35.1 - AFFIDAVIT FOR CUSTODY & ACCESS.

NOTE: Property cannot be claimed in the Ontario Court of Justice. Property matters can only be heard in the Ontario Superior Court of Justice.
 
The party that served you, likely your wife or common-law partner then must prove to the Family Court that she has in fact SERVED you.
 
This PROOF of SERVICE is known as an AFFIDAVIT OF SERVICE.
 
The AFFIDAVIT OF SERVICE is a document that tells the Court that you swear that you served the documents upon the other party. It is sworn written testimony. It is sworn either by the Clerk of the Court, a lawyer, or other commissioner of oaths, authorized by the Attorney General of Ontario to notarize Family Court documents. 
 
Every document SERVED by a party on the other party, must have an accompanying AFFIDAVIT OF SERVICE proving that the other party was in fact (served) given a copy of the documents. There are specific rules related to serving court documents under the Family Law Rules which you must review in order to for service to be effective and accepted by the Court. Please review Rule 6 - Service of the Family Law Rules for details and the Government self-help guides for family Court for examples.
 
After the APPLICATION, ANSWER and REPLY have been SERVED, the parties have their FIRST COURT DATE to verify that in fact all documents have been served upon the parties and that these documents have been filed with the Court.
 
The First Appearance Clerk verifies this at the FIRST COURT DATE, and either schedules timelines to finish service of documents, and schedules the first CASE CONFERENCE DATE.
 
A CASE CONFERENCE BRIEF must be then be prepared and exchanged per the timelines in the FAMILY LAW RULES (APPLICANT within seven days and RESPONDENT within four days of the CASE CONFERNCE, per the FAMILY LAW RULES).
 
By 2 PM, two days before the CASE CONFERENCE, the parties must confirm the date with each other and file a CONFIRMATION with the Family Court. Family Court most often have a special fax number for transmitting the CONFIRMATION FORM.
 
At the CASE CONFERENCE, the Judge will attempt to facilitate a settlement discussion, and have the parties go outside of the Court to see if they can come up with an agreement to either settle all, or part of the COURT CASE.
 
Any agreement to settle is done in writing. This is known as either TEMPORARY or FINAL MINUTES OF SETTLEMENT, depending on whether part (temporary) or the entire (final) matter is settled.
 
The MINUTES OF SETTLEMENT then become a JUDGE'S ENDORSEMENT. An endorsement is what the Judge writes down as his/her ORDER.
 
The JUDGE'S ENDORSEMENT, is then written up into a DRAFT COURT ORDER. If the parties have lawyers, this is done by one of the lawyers. The other lawyer, then must approve the DRAFT COURT ORDER as to it's form (the way its drafted - who was there, indicating whether this is a temporary or final order) and content (what it the Court Order actually says, who will do what, when they will do it, etc.).
 
Once approved by the other lawyer, the DRAFT COURT ORDER then goes back to the Family Court, where it is compared either by the Judge, or a Clerk of the Court against the ENDORSEMENT.
 
If the DRAFT COURT ORDER and ENDORSEMENT match, and the form is technically correct, the ORDER is APPROVED and then is ISSUED under a COURT SEAL.
 
The COURT ORDER is now ENFORCEABLE, within the limits proscribed by law.

Sometimes it becomes necessary to change / modify a Court order after you've followed the above process. Once a final order issues, you must wait six month before seeking a change to a final Court order. You can only do so earlier with a Judge's permission, and you must have an exceptionally good reason. There must be a material change of circumstances to change any final Court order. You should refer to the specific self-help guide number 09b. Motions To Change a Court Order for details.

NOTE - CUSTODY & ACCESS CLAIMS: If there is a claim for custody and/or access, you must also serve and file a form 35.1 - AFFIDAVIT FOR CUSTODY & ACCESS. Please see Guide 03b. AFFIDAVIT FOR CUSTODY & ACCESS - Form 35.1 below for details.
 
NOTE - PROPERTY CLAIMS : Property cannot be claimed in the Ontario Court of Justice. Property matters can only be heard in the Ontario Superior Court of Justice.
 
The pdf documents BELOW provide a layperson-explanation of the Family Court process in much greater detail.
**IMPORTANT NOTICE ABOUT SUPPORT GROUP MEETINGS**
We do not offer legal advice at our support group meetings. Legal advice can only be obtained from a lawyer. We do not have a lawyer in attendance at our support group meetings. Our free support group meetings are chaired by a senior certified law clerk who is also a divorced father and an adult child of divorce. Our Support Group meetings are a place to share and exchange personal experience and knowledge about the process of separation and divorce. Discussions at our meetings are of a supportive nature so that fathers can gain a clearer understanding of separation/divorce from the perspective of fathers who have had success in Family Court. Meeting dates are subject to change.
**IMPORTANT NOTICE ABOUT SUPPORT GROUP MEETINGS**
We do not offer legal advice at our support group meetings. Legal advice can only be obtained from a lawyer. We do not have a lawyer in attendance at our support group meetings. Our free support group meetings are chaired by a senior certified law clerk who is also a divorced father and an adult child of divorce. Our Support Group meetings are a place to share and exchange personal experience and knowledge about the process of separation and divorce. Discussions at our meetings are of a supportive nature so that fathers can gain a clearer understanding of separation/divorce from the perspective of fathers who have had success in Family Court. Meeting dates are subject to change.

DISCLAIMER

All information, documents, links, resources on this website and the information discussed at our Q&A support group meetings DOES NOT CONSTITUTE LEGAL ADVICE.  If you wish legal advice please consult with a lawyer. The information on this website is simply one possible starting point for your 'strategic consideration'.

DISCLAIMER

All information, documents, links, resources on this website and the information discussed at our Q&A support group meetings DOES NOT CONSTITUTE LEGAL ADVICE.  If you wish legal advice please consult with a lawyer. The information on this website is simply one possible starting point for your 'strategic consideration'.
Divorced Dad Daily Articles

The Difference In Reactions Between Men & Women Hitting Their Partners In Public-
One real problem in Domestic Violence is our refusal as a society to recognize that all violence is wrong and should be recognized as such. Hence I believe our curent discussion of domestic Violence is immature at best.
10/9/2014 4:37:29 PM

Super Dad Ad - That's What I Like To See!
Campaign does away with the bumbling dad - Tribal Worldwide Toronto ad has its fans, but not everyone loves #HowToDad.
7/27/2014 6:40:48 AM

Larry King: “You Don’t Divorce Your Children”
Larry King Talks about Divorce and the impact on kids.
7/22/2014 12:11:45 PM

Judge casts feuding Hamilton couple in ‘Breaking Bad Parents’
It's about time Judge's told it like it really is, and held parents to account. If only more Judges would let it be known that they ae looking for the mature parent...Great story here...we need to see more Judges do things like this that instruct parents that their lawyers encouraging them to fight is not the way to go.
7/17/2014 9:21:08 AM

The ANSWER for Divorced Dads looking to WIN in Family Court
There is no reason to be losing so badly when you are a divorced dad in Family Court... except that you don't have the right ideas, tools nor skills. BUT....IF… you can listen, follow a plan and are “coach-able”, we can DEFINITELY help you to improve the situation thi Sunday January 13th, 2008 on our teleseminar / webcast at DivorcedDadWeekly.com
1/11/2008 3:36:48 AM

Summary - “Divorce 101 - Step Four - Negotiation: Positioning For Peace”
Waging Peace is the # 1 Negotiation / Positioning tool, strategy, tactic and systematic approach we recommend for creating multiple win/win solutions when you are a divorced dad in Family Court, facing custody, access, child visitation and child support issues. Waging Peace means putting aside blame, anger, recrimination, fault finding, revenge and all other negative emotions and fully considering the implications of every choice you make and how it will affect your child of divorce.
10/22/2007 2:49:08 PM

Divorced Dads - FREE Teleseminar / Webcast Training Call Tonight October 22, 2007 at 7:30 PM EST
"DIVORCED DAD WEEKLY TELESEMINAR / WEBCAST TONIGHT!" Our regular weekly 70 minute teleseminars tonight Monday October 22nd, 2007 at 7:50 PM EST. Please join us on the call before it begins at 7:50 PM EST. TONIGHT'S CALL: Divorce 101 - Step 4: Negotiation: "Positioning for Peace..."
10/22/2007 2:42:29 PM

Divorced Dads - FREE Teleseminar / Webcast Training Call Tonight at 7:30 PM EST
"DIVORCED DAD WEEKLY TELESEMINAR / WEBCAST TONIGHT!" Our regular weekly 70 minute teleseminars tonight Monday October 15th, 2007 at 7:50 PM EST. Please join us on the call before it begins at 7:50 PM EST.
10/15/2007 12:59:42 PM

Divorced dads - FREE Teleseminar / Webcast Training Call Tonight at 7:30 PM EST
"DIVORCED DAD WEEKLY TELESEMINAR / WEBCAST TONIGHT!" Our regular weekly 70 minute teleseminars begin tonight Monday September 24th, 2007 at 7:30 PM EST. Please join us on the call before it begins at 7:50 PM EST.
9/24/2007 3:30:31 PM

FREE teleseminar for Divorced Dads launches Thursday December 21st, 2006
Please join our FREE 70- minute call at 5:30 PST/8:30 EST fo Divorced Dads on Thursday December 21st, 2006.
9/24/2007 1:52:10 PM

Divorced Dad Daily - The FRI Blog

Divorced Dad Daily (DDD) is the the main blog (parent) of FRI. It includes a category (child) entitled Fathers Resources.

9/24/2007 12:10:16 AM

Press Release Blog
We will be keeping the media and the public up to date on Fathers Resources International by publishing press releases and media reports here on the Press & Media Blog.
9/24/2007 12:10:16 AM

History of Fathers Resources International - Part one
History of Fathers Resources International, its activities and the autobiography of its founder, Danny Guspie. Part one - Prologue: The boy becomes the man: A childhood hero points the way and provides the inspiration.
9/24/2007 12:10:16 AM

'Virtual' Visits the future of Parenting Time
Virtual Parenting Time
9/24/2007 12:10:16 AM

Joint custody could improve state's child support efforts

FOLLOW THE MONEY...

Good article here on child support enforcement being improved by having a joint custody presumption in Michigan:

Note the following - the industrialization of child support as an adjunct to "The Divorce Industry"

One thousand seven hundred employees now work full-time in Friend of the Court offices as referees, counselors, clerks, and support staff in all 83 Michigan counties. In addition, many employees of the criminal justice system devote a major portion of their workday to this last vestige of debtor's prison.

So it is no surprise that there was consternation in Lansing over a federal plan that cut nearly a quarter billion dollars in Michigan subsidies for child-support enforcement. But one state legislator, Rep. Leslie Mortimer, R-Horton, has introduced a bill that could reduce the need for devoting so many resources to child support enforcement.

The problem we see daily is the "Ghost figures" that Ontario uses for its claim that there is 3 Billion dollars in unpaid child support.

Hogwash - 2 Billion of it is nothing but the meter ticking on matters that never return to Court for a termination order because dad can't afford a lawyer to get his Court order changed. Then he faces licence suspensions and possible jail time.

In the Alberta case Henry and Henry which is currently before the Canada's Supreme Court, a dissenting Judge nailed it perfectly - If child support should automatically go up with an increase of income, fairness dictates the reverse should also happen - Child support should go down when income decreases.

But then what would everybody at Child Support Enforcement do for a real job?

9/24/2007 12:10:16 AM

Divorced Dad brings test case to publicize shared parenting deal
Divorced Dad brings test case to publicize shared parenting deal - Dad wants to set example to other former couples: Injunction bans him from revealing details of his parenting plan.
9/24/2007 12:10:16 AM

Repeal the Bradley Amendment - The birth of Debtors Prison for Dads Worldwide
Repeal the Bradley Amendment - Where the Child Support money trail begins in North America and the creation of Debtor Prison for Fathers in The United States...
9/24/2007 12:10:16 AM

History of Fathers Resources International - Part Two

History of Fathers Resources International - Part Two

By Danny Guspie

PROLOGUE: Part 2 -  The Apple does not fall far from the tree

“The Beatles: An Authorized Biography” by Hunter Davies spoke to me like no other book I’d ever read before. I was a well read kid at that point, having read everything I could get my hands on from the moment I could read which would be somewhere around age four when my mother taught me the alphabet with a set of plastic letters that had magnets and a board to move them around on…

The Book: A wondrous tale happy, sad and true (or at least so I believed at that age…) that I related to. Mainly because of John Lennon’s family history, there was something very familiar and haunting about it, despite many things that were not held in common between our respective families. It was his quintessential Rock n’ Roll vocal – he seemed like the real deal (at a time when my family seemed like a charade…). I could not only hear his pain, but I could feel it – it gave expression to my own.

So began a love affair of a different sort, one of a young boy who’d found a kindred spirit, who wanted to know why he’d been so deeply affected by this story. It was not to be the first or the last time John Lennon would profoundly shape my development and independence in the same way Elvis Presley did for Lennon at age 15…

Arguably, Lennon’s music and the Beatles were the most influential aspect of my young life, helping me to feel hope, happiness and providing a language to articulate express and begin creating my own identity during my family crisis and resulting divorce. I always knew my parents were troubled from age 1 onwards. But at age 9 I became extremely cognizant that the end of my family was nigh.

John gave me an outlet. A very healthy one. He taught me how to transform pain into art. Music has always been my greatest outlet to expression. But John taught me how to scream. Really scream in a Rock n’ Roll way - Once I heard his first solo album when I was 12. I began my own form of primal therapy. When I heard him sing “Mother” I finally felt I wasn’t the only one who felt the same pain over a family that had large problems.

I absorbed Rock n’ Roll totally. It gave me a reason to get up everyday. Even today Little Richard’s “Wop bop a loo bop a wop bam boom…gets me “rockin’” I’m sure anyone who hears me play today, and who has heard my songs can easily see that John Lennon and Keith Richards made a huge and everlasting impression on me musically.

So I began playing drums and songwriting, and emulating John. Within 12 months my parents separated and ultimately divorced and I became a latch key kid, living with dad first then Mom, then on my own. So began my lifelong journey with divorce - But before I left home, I became a full fledged drop out. Spare was my favorite class in High School (with “high” being the operative word….)

At age 14 I was playing guitar, hooky on a daily basis, had done an enormous amount of drugs of all sorts and on weekends go to watch the film Rolling Stones “Gimme Shelter” - 35 times to be exact at CineCity. I was also fanatical film watcher at the “Original 99 cent Roxy Theatre” long before the Rocky Horror Picture Show destroyed and closed that theatre down for good. It was a good place to hang and get high with minimal fuss and forget the mess my life was because of my own unhappiness with my family.

Next – Lost and Found

9/24/2007 12:10:16 AM

Shared parenting Bill in New York State
'Shared parenting' seen as custody solution Bills in New York would require courts to treat mom, dad equally
9/24/2007 12:10:16 AM

Child-support bill tied to revoked drivers' licenses fails in Utah
A child-support bill tied to drivers' licenses fails to pass the Senate in Utah - Associated Press: Utah Senators had concerns about revoking the driving privileges of those not paying child support because they weren't being allowed to see their children.
9/24/2007 12:10:16 AM

Children so traumatized by their parents divorce, that they need psychiatric treatment
A record number of Ulster Ireland couples are splitting up - leaving children so traumatized they need psychiatric treatment - it emerged today. A family expert said she feared divorce levels here had reached epidemic proportions.
9/24/2007 12:10:16 AM

MORE than 300,000 divorced dads will pay more relaistic child suport in Australia
Caring for a child for between 52 and 126 nights each year will reduce the amount owed by 24 per cent, while those with custody for more than 176 nights will cut their maintenance bills by half. The new formula also recognises for the first time that the cost of raising children increases as they get older.
9/24/2007 12:10:16 AM

"ISN'T CHILD SUPPORT FOR THE CHILD?" By Danny Guspie
Open letter from Danny Guspie to the Governments of Canada: "ISN'T CHILD SUPPORT FOR THE CHILD?" I was inspired to ask yet again for an accounting of where the increased tax revenue dollars go since the implementation of the Child Support Guidelines in 1997. Heidi and I met with the Department of Finance who could not give us these answers 9 years ago. Hopefully they've had time to do the books ;-)
9/24/2007 12:10:16 AM

Prime Minister Harper - Hockey Dad
The winds of political change for Divorced Dads in Canada begins at a hockey rinck on Otta...
9/24/2007 12:10:16 AM

Adultery = No Spousal Support in South Carolina
No spousal support for adultery in South Carolina
9/24/2007 12:10:16 AM

The REAL problem with unilateral no-fault divorce
"The problem with unilateral no-fault divorce is that it hurts women by removing the incentive for the moneyed spouse (who is usually the husband) to make a settlement,"
9/24/2007 12:10:16 AM

Love's grand - Divorce is a Hundred Grand ;-)
Yes, say two University of Virginia sociologists who found that married women are happiest with a sensitive guy who earns most of the family's money. Women are also willing to take on more housework if they feel their husbands pay attention to them, and they feel the arrangement is "fair," if not equal.
9/24/2007 12:10:16 AM

Divorced Dad and Actor Alec Baldwin writes book on Family Court

Actor Alec Baldwin is writing a book about child custody cases after enduring a heartbreaking custody battle for his daughter, Ireland. "The book is not necessarily a memoir about my own situation, because no matter what you do, no matter how difficult this process is, you've got to keep in mind the other party is still the co-parent of your child, so you've got to be careful there."

The day is soon coming where we will hit critical mass - Change will come about because even the famous, rich and powerful who have been burned so badly in Family Court will make it their life's work to make change possible.

I really like that he says: "...you've got to keep in mind the other party is still the co-parent of your child."

9/24/2007 12:10:16 AM

Divorced Dad in South Dakota takes MASSIVE ACTION
NORTH DAKOTA: Secretary of state OKs child custody initiative by Divorced Dad - He has until August to get nearly 13,000 signatures to get it on the ballot for a state-wide vote.
9/24/2007 12:10:16 AM

Divorced Dads Unite: "ISN'T CHILD SUPPORT FOR THE CHILD?" - Part two
TAKE ACTION - Children of Divorce should not be paying down the national debt.
9/24/2007 12:10:16 AM
Fathers Resources International
 

On Mobile Phone?

CALL US!

 

Home   |   Services   |   Contact Us   |   Free Meetings   |   Free Resources   |   News