Family Law starts with family for a reason.

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Family Law

Custody and Access

Custody generally deals with decision making for issues concerning the child’s education, religion, major non-life threatening medical decisions and general well-being.

Joint custody means that the parties will consult with one another and agree to their decisions for the child.

Sole custody means that one party will make the decisions for the child without consulting the other party.

Access is the time that each parent spends with the child. Typical access arrangements depending on the age of the child are every other weekend with a mid-week visit or week about access schedules. Holiday access is another important issues that parents must work out with the general goal that the parent’s share the child equally during holidays.

Child Support

Child support is based on the Child Support Guidelines and is based upon the number of children and the paying party’s Line 150 income on their Income Tax Return if the payor is employed.

Child Support is managed by the Family Responsibility Office unless the parties mutually agree to withdraw.

Jennifer Swan is also skilled in seeking Refraining Orders to stop the Family Responsibility Office from enforcing a support Order and bringing Motions to Vary to change or terminate support orders and deal with any arrears owing.

Spousal Support

Spousal support is based upon the recipient’s need for spousal support and the payor’s ability to pay. It is also calculated based on the respective parties’ Line 150 income and other factors that are taken into account include but are not limited to the length of the parties’ relationship, who has the children living with them and if the recipient is able to work and what the party’s roles were during the relationship.

Property Division

If the parties are married, each party’s debts, liabilities and assets are to be disclosed as of the date of marriage, date of separation and the current date.

The party with the greater Net Family Property then pays the party with the lesser Net Family Property one half of the difference.

Common Law Partners

If you are a common law partner who has separated, you may be able to make a claim for property either as a constructive trust claim, unjust enrichment or as a joint venture. This is a very complicated area of law and you are unlikely to be successful unless you have a lawyer to explain to you these principles of equity and to advise you on what your claim may be.

Children’s Aid Society

It is recommended that anyone who is involved with the Children’s Aid Society seek legal advice when dealing with the Children’s Aid Society, even if the court is not yet involved.

It is imperative that parents seek immediate legal assistance if their children have been apprehended as the Children’s Aid Society must appear in court within 5 days of the apprehension and parents need to be prepared and legally represented at such hearings.


  • Divorce
  • Separation Agreements
  • Cohabitation Agreements
  • Marriage Contracts
  • Parenting Plans
  • Court Applications
  • Variation of Court Orders
  • Custody and Access
  • Child Support
  • Spousal Support
  • Property Division
  • Equalization of Property
  • Adoption
  • Court proceedings involving the Children’s Aid Society
  • Common Law Separations

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Disclaimer: By filling out this form and requesting an initial consultation, it does not result in Swan & Saenz LLP being retained as your lawyer. Swan & Saenz LLP is not retained as your lawyer until you have met her in person, signed a Retainer Agreement and provided her with a monetary retainer or Legal Aid Certificate.


The Law Office of Swan & Saenz LLP is located on the 14th floor of 25 Main Street West, Suite 1415.
This is a high rise building located right next to the Family Courthouse.


Parking is available behind the office building.


Address & Information

Swan & Saenz LLP
25 Main Street West
14th Floor, Suite 1415
Hamilton, Ontario L8P 1H1

Tel: 905-769-0805 Hamilton
Tel: 905-695-0948 GTA
Fax: 905-481-2433

Jennifer Swan –
Jorge Saenz –
Colleen Morrow (law clerk) –


The materials on this web site are provided for general informational purposes, only, and not for the purpose of providing legal advice and should not, therefore, be relied upon. There are no representations or warranties made as to the accuracy or substantive adequacy of any information provided in this web site. The information on this web site is subject to legislative change and changes in judicial interpretation and may be incomplete or no longer current.

Use of and access to this web site or any of the e-mail links contained within the web site do not create a lawyer-client relationship between Swan & Saenz LLP and the user. THE USER SHOULD CONTACT HIS OR HER LAWYER TO OBTAIN ADVICE WITH RESPECT TO ANY SPECIFIC ISSUE OR PROBLEM.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship