Hamilton and Area Family Courts We Serve
Reviewed by W. Adam Loyens, Principal Lawyer, Loyens Law Professional Corporation. LSO No. 59674Q.
Our downtown Hamilton family law office at 1 Hunter Street E allows us to serve clients in Hamilton, Brantford, Burlington, and the Niagara Region. Our lawyers have significant experience and have argued in all family courts in Hamilton and the surrounding area.
Hamilton Family Courts We Serve
Family matters in the Hamilton region are typically heard at the Hamilton Family Court House, located at 55 Main Street West in Hamilton, which is a unified court, capable of hearing matters typically heard in Superior Court such as issues involving property division, the granting of Divorce Orders, as well as matters typically heard at the Ontario Court of Justice such as parenting issues between common law parents, and support claims.
Our office also serves the Brantford Superior and Ontario Courts of Justice, located at 70 Wellington Street, and 44 Queen Street in Brantford. We also attend court in Cayuga at 55 Munsee St. North and in the Niagara region including St. Catharines located at 59 Church Street in St. Catharines, and Welland, located at 102 Main Street East.
Family Law for Hamilton Men and Fathers
We recognize the Hamilton region’s strong creative and entrepreneurial spirit and that the men and fathers of the Hamilton region are both hard workers and dedicated fathers.
Whether you are dealing with issues regarding parenting, support, or property division, our creative and client centred approach to the issues that men and fathers face in the Hamilton and surrounding region is designed to ensure that your rights and those of your children are protected in family law disputes.
Protecting Your Parenting Time in Hamilton
Our goal is to ensure that you put your best foot forward in any Family Law matter. From preventing adverse status quo arrangements, presenting a reasonable and considered plan of care, and ensuring that you are putting the best interests of your children at the forefront of the litigation, you maximize your chance for success in any parenting dispute or negotiation. Your relationship with your child is important, and it is important to consider how “the best interests of the child” test is implemented in our legal system.
Section 16(3) of the Divorce Act sets out the factors a court must consider in any parenting determination.
While there is no determinative decision that weighs any of these factors over the others, courts in the Hamilton region, and elsewhere, will often consider the plans for the child’s care as one of the most determinative factors. The views and preferences of the children will also be heavily weighed, with the wishes and preferences of older children often being given more consideration than those of younger children. Often, the Office of the Children’s Lawyer (OCL) will be appointed to speak for the children and report on the views and preferences of the children to the court, or, in some cases, prepare an extensive report to the court, which outlines the recommendations of an assessor as it relates to parenting time and decision making. Family violence, especially violence directed at, or even witnessed by, the children may also play a significant factor in any kind of decision regarding parenting time and may result in the need for a period of supervised parenting time.
An effective position in any parenting dispute will carefully consider these factors in preparing negotiation or court. Our legal team is well versed in assessing these factors and addressing them in such a way that maximizes your potential in the courtroom or the boardroom.
Child Support and Spousal Support
Additionally, it is important to consider all factors in assessing any support or property division claims. While the Child Support and Spousal Support advisory guidelines will be considered in all family law cases involving support claims, it is important to note that this will be the beginning, and not the end of the analysis. Factors such as shared parenting time, high incomes, the reasonableness of additional expenses, income imputation, etc. should all be considered in any child support claim, and it is important to assess the entitlement factors in any spousal support claim, which include whether “need” or a compensatory basis for a spousal support claim has been established. It is important to remember that a disparity in income alone does not necessarily create a spousal support claim, and that entitlement must be proven. Accordingly, at Loyens Law we remember to look beyond the guidelines and carefully examine any support claim.
Property Division in Hamilton
Finally, it is important to carefully assess any property division claim. Equalization of Net Family Property is a highly detailed and mathematical process used to determine whether one spouse will owe an equalization payment to the other, in order to address a significant imbalance in asset ownership and liability following the breakdown of a marriage. Proper Financial Disclosure is essential to determine the amount of this payment. At Loyens Law we assist you in preparing your Financial Disclosure brief and statements and review that which is prepared by your spouse.
It is important to remember that assets owned prior to the date of marriage will typically be excluded from the calculation of your Net Family Property, and also that there are separate and distinct rules regarding your Matrimonial home, as well as assets which may otherwise be excluded, such as gifts, inheritances, insurance proceeds and some court settlements, etc. Knowing what assets must be included, and what can be excluded, and how an exclusion would take place are essential in determining the amount of a net family property settlement.
It is important to remember that not all assets are worth what is stated on paper. In many cases, disposition costs of an asset must be considered. This may include the cost of selling real property, such as realtor and legal fees, or the tax implications of withdrawing funds from an RRSP or Pension. At Loyens Law, these practical considerations matter, and our lawyers are trained on ensuring that any property settlement is fair and legal.
Our Services
Dad Law offers comprehensive legal services in various areas of family law, including:
Frequently Asked Questions: Hamilton Divorce and Family Law
Disclaimer: At Dad Law, we understand that you may be going through a challenging time and are looking for support and answers to many questions. Here are some of our most frequently asked questions. The below is not to be considered legal advice and is intended for general educational purposes only. Please be sure to contact us and book a consultation for personalized advice.
How much does a divorce lawyer in Hamilton cost?
Hourly rates for Ontario family lawyers commonly range from about $300 to over $800, with senior counsel and full-service Hamilton firms often charging more. Uncontested divorces are sometimes handled on a flat fee. Contested parenting or property cases are billed hourly and the totals depend on conflict level and how far the matter goes. We discuss fees transparently at the consultation.
How long does a divorce take in Hamilton?
Once the one-year separation requirement under section 8 of the Divorce Act is met, an uncontested divorce can be finalized in a few months, including the 31-day waiting period after judgment under section 12. A contested divorce involving property, support, or parenting disputes typically takes six to eighteen months, depending on court availability and the positions of both parties.
Do fathers have equal parenting rights in Ontario?
Yes. Ontario family law doesn’t presume that either parent is the primary caregiver. Parenting orders are made under the best interests of the child test in section 16 of the Divorce Act and section 24 of the Children’s Law Reform Act. Evidence of your involvement in your children’s lives is what moves the needle.
What does “decision-making responsibility” mean in an Ontario divorce?
Decision-making responsibility, defined in section 2(1) of the Divorce Act, is the authority to make significant decisions about a child’s well-being, including health, education, culture, language, religion and spirituality, and significant extra-curricular activities. It can be held solely by one parent or jointly by both. The old term “custody” covered the same territory before the March 1, 2021 amendments.
Which Hamilton courts handle divorce and family law cases?
The Superior Court of Justice Family Court is located at 361 University Avenue. The Ontario Court of Justice handles family matters at 311 Jarvis Street and 47 Sheppard Avenue East. Since September 1, 2024, new Ontario Court of Justice family cases are filed at one of these two courthouses based on the electoral district where the applicant lives or the children reside, under a Practice Direction issued by the Office of the Chief Justice.
Do I have to go to court to get divorced in Ontario?
Not usually. Most Ontario divorces settle without a contested hearing. A divorce application is filed with the court, and if both parties agree on the terms, a judge can grant the divorce on paper without either party appearing. Contested parenting, support, or property issues may require hearings.
For more personalized advice and legal support, contact Dad Law to schedule a consultation. Our experienced team is here to help you navigate your family law matters with confidence and clarity.
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Book Your Consultation with Our Hamilton Family Law Team
If you are going through a divorce or separation and need someone to protect your rights, please do not hesitate to contact us to book a consultation regarding your family law matter today!
