Darlene Rites, Family Law Lawyer & Mediator

Welcome to my family law and mediation page! Dont forget to follow this page for family law-related news, client tips, relevant articles, and helpful resources about various family law-related topics including custody, access, support, division of property, and much more! There may even be the occasional humorous post!

Day 1 of attending the Parenting Coordination Course with Riverdale Mediation Services. Great speakers and presenters and learning so many new skills for assisting high-conflict families. If you want to learn more about parenting coordination - reach out to me directly! #parentingcoordination @ontariofamilylaw

When selling the matrimonial home or any property owned jointly with your spouse, it is worth finding somoene who specializes in working with separated couples. Your real estate agent will double as a mediator. An agent that is able to understands the particular communication challenges of the situation and willing to deal with high emotionally charged conversations will save you money on legal fees.

I have always believed that mediation is a better solution for co-parenting disputes. The online vs. in-person back to school debate has only served to further entrench this view. If you absolutely have to litigate this issue, below are the factors that Ontario judges will take into account in making their decision - read my article in the Lawyer's Daily for a summary of the law on this issue. 1. Level of COVID-19 exposure risk 2. Family members in the household at greater ...health risk if infected 3. The overall risk to a childs well-being, academic development, social growth, mental health if in an online learning environment 4. The ability to facilitate online learning in the household 5. Any additional proposed measures to reduce infection risks 6. Wishes of the child https://www.linkedin.com//darlene-rites-61512037_back-to-s See more

60 percent of Ontarians in family court do not have legal representation! This is a great article on the law society's proposal to increase access to justice in family law - a new Family Legal Services Provider (FLSP) licence. This program will offer new ways to reach communities that are in the gap, unable to afford the $200 rate provided by Advice and Settlement Counsel (ASC) and just above the legal aid eligibility cutoff. https://www.thelawyersdaily.ca//made-in-ontario-access-to-

I am excited to announce that I recorded my first episode today! I have a great line-up of interviews scheduled for the rest of the month with engaging professionals! I have learned a lot about podcasts since deciding to start one of my own. Today, I learned that my microphone will only record my voice IF it is plugged in!

Outcomes in court can be unpredictable. In a recent Ontario court decision, Justice Himel encouraged parents to explore creative options and consider mediation prior to litigating the issue of whether to send their kids to school for in-person learning. Some creative solutions include: 1. Enrolling the child at the commencement of the school year and reviewing the plan at Thanksgiving or some other time int eh future 2. Delay in-person school attendance and review the dec...ision when specific criteria are met 3. Create a small pod of children who can learn remotely together with the assistance of a parent/ tutor 4. Explore whether the child may attend school in person part-time. https://financialpost.com//courts-weighing-in-on-back-to-s

This month is full of milestones! Congratulations to our senior law clerk, Eva Medeiros, who has been with the firm for 18 years today!!! Such an invaluable part of our team!

In a recent court decision, Justice Himel of the Ontario Superior Court of Justice encouraged parents to be creative instead of coming to court on the issue of whether to send their kids to school this year. Some suggestions from Justice Himel and examples of the creative solutions that can be brainstormed during a mediation include: 1. Enrolling the child at the commencement of the school year and reviewing the plan at Thanksgiving or some other time in the future. 2. Dela...y in-person school attendance and review the decision when specific criteria are met. 3. Create a small pod of children who can learn remotely together with the assistance of a parent/ tutor. 4. Explore whether the child may attend school in person part-time. Please feel free to share any creative solutions you and your family have come up with! See more

I'd like to thank my colleagues today for the beautiful flowers and warm welcome this morning on my birthday! I am grateful to be working alongside such talented and amazing people! A special shout-out to Bruna and Eva who make the workplace a little bit brighter and a whole lot of fun!

The phrase, less is more is particularly relevant in Family Court. When appearing in front of a Judge, summarize only the relevant facts relating to the issues you want the Judge to decide. An extra-marital affair, for example, is rarely relevant unless it impacts on a person's ability to parent or harms the children in some way. Judges are very busy and their time is precious - if you are unclear if something should be included in your application or case conference brief, have a family law lawyer review it for you!

Interesting article on the impact of COVID on parents! https://www.ctvnews.ca//parents-more-likely-than-non-paren

Dont make your kids take sides. The lower the conflict between co-parents, the better kids are able to thrive. Co-parenting and minimizing conflict with your ex is HARD. I routinely witness great parents unintentionally and unknowingly dragging their children into the adult conflict. Here are a few tips DONT interfere with access; DONT speak negatively about your ex-spouse to your children or within earshot of your children; DONT use your child as a messenger. Th...ese are all signs of manipulation and will only hurt your children. DO treat your ex-spouse with respect and model respectful behaviour; DO make visitations easier; DO listen to your children and offer support. See more

In a recent court decision, the judge confirmed that students WILL be required to attend school in-person in September 2020 AS LONG AS neither parent (or any person in either household) has any underlying medical condition that makes them more susceptible to the adverse effects of COVID-19. Of course, if both parents agree they want their child to continue learning remotely, they can do that. The courts only gets involved if theres a disagreement between separated parents th...at cannot be solved between themselves. Citation: Chase v. Chase, Himel J., August 25, 2020. #backtoschool #separation #ontariofamilylaw #covid19

I think this would have been funnier 6 months ago...the sentiments expressed may not be too far from reality with kids at home full time for 6 months and counting! For all those parents working, parenting and teaching from home - well done! This has been a tough 6 months for everyone but particularly parents with triple duty! #CoronavirusPandemic #parenting #separation #ontariofamilylaw

Please share this article if you or a parent you know is going through a separation and has an erratic work schedule. Nurses, police officers, fire fighters and constructions workers (to name a few) not only have to deal with the stress of a separation, but also the logistical challenges of co-parenting post-separation. This article provides tips to make the process a bit easier. https://www.linkedin.com//how-does-shift-work-irregular-/

An offer to settle can be made at any point in the negotiation or court process. Making an offer early in the process can save you money, time and unnecessary frustration. An offer is often seen by the other spouse as an invitation to come to the table and negotiate. Offers can also serve to narrow the issues. Offers to settle, if prepared and served properly, are legally binding so make sure your offer is reviewed by a family law lawyer. Most importantly, make sure th...at the offer is strategic. I often advise clients on this issue. For example, is it best to make a global offer or is it more appropriate to make an offer on only a specific issue? Should the offer be time limited? If you have any questions or need a family law lawyer to review your offer to settle before it is served on your spouse, please reach out to me directly. See more

I received this beautiful orchid and gift from a client recently. This past year has not been easy for this client. I am reminded again and again that divorce is one of the most emotionally disruptive events in someone's life. It makes be happy to know I am helping people navigate through this roller coaster in a way that leaves them intact. Divorce does not have to ruin your life or your family.

Although your friends may have your best interest in mind, your situation is unique. No matter how close you may be, your friends do not know everything about your situation. Taking legal advice from someone other than a family law lawyer could have serious and costly legal or financial consequences down the road.

I'm excited to announce the launch of my podcast next month - Let's Talk Divorce - a podcast about divorce, separation, marriage breakdown, and all things family law. Stay tuned for more information about the podcast and September launch date! #familylaw #letstalkdivorce #podcast #ontariofamilylaw

Our new website is now live. Visit and sign up for our newsletter to get blog posts, updates, and family law related tips! https://fbllp.ca/darlene-rites/ What's new? -->new bio -->family law blog content... -->mediation FAQ's Tell us what you think below!

Does it make sense to stay married to your spouse after a separation? Unless you have plans to get remarried, there is no legal obligation to get divorced. More and more couples are choosing to remain separated indefinitely, rather than filing for divorce. The article below explains why some people chose to stay married and why it worked for them - but every situation is different! If you have any questions about which option is best for you, feel free to contact me directly. https://www.insider.com/stay-married-separated-couple-divor

Dont drop off a shoe box full of documents to your lawyer! Keep your documents organized. The more organized your documents, the more you will be able to keep costs down. As soon as I am retained by a client, I provide them with a detailed list of required documents and in family law, this list can be extensive. If your lawyer does not provide you with a list, ask for one. Then ask them whether they prefer the documents dropped off at their office or sent electronically. If you work within the system your lawyer has set up for themselves, it will save them time and save you money! #familylaw #legalfees #accesstojustice

Do you have an outdated child support order from years ago? Does the parent who pays child support to you provide you with his or her updated income information each year? Has the paying parent's income increased or decreased since the original child support order/ agreement was made? Child support should be adjusted each year based on the income of the payor (and sometimes the recipient's income). I've prepared a short article summarizing the ways in which parents can update their current child support agreements/ court orders. If both parents are cooperative, this should not be a costly endeavor! #childsupport #familylaw https://www.linkedin.com//streamlined-way-change-ontario/

Many people believe that the more they fight, the better the outcome. Sadly, this is not always true. It is often the opposite. If you are separating from your spouse, the first step is to understand your process options. Court is not the only option and should be your last resort. Consider speaking with a family lawyer, mediator, arbitrator, or financial divorce professional to learn more about the options available to assist you in dealing with parenting issues, settling child & spousal support and dividing your property. If you have any questions about any of the routes listed above, do not hesitate to contact me directly. I would be happy to guide you in the right direction!

Do you or someone you know qualify for the Young Money Scholarship Fund? 1. Are you a post-secondary student studying in Canada (excluding Quebec residents) 2. Are you a student who has helped others achieve their goals? 3. Are you a student who has a plan for what they will do when they graduate?... If so, consider applying for the Young Money scholarship, powered by Bissett Financial Fitness Inc. Link below. Please share widely! https://youngmoneyscholarshipfund.wufoo.com//zyyx4v20g0d3/

Separated parents should consult with a lawyer before booking a summer cottage getaway with the kids! In the recent Moncur v. Plante decision, the court forbid the father from attending a rented cottage with his nine-year-old son. The fathers plan was to attend a rented cottage in mid-July with his parents, sister and niece. His parents were travelling from their home in Leamington, Ont., while his sister was travelling from Toronto. The court found that it was not in the c...hilds best interests to attend the cottage. According to provincial guidelines, each person can only belong to one social circle. If one person is invited to join a social circle, their social contacts must also be considered. The social circling directive from the province provides that separated spouses with children moving between their homes must include each other in their respective bubbles before expanding it. The mother did not consent to be part of the larger circle proposed by the father. The court concluded that in the circumstances, the potential risk to the child and by extension to the mother, outweighed the benefits of one week at the cottage. See more

Try attending mediation before you start a court application. Even if you dont resolve all the issues in your case, it will likely narrow down some of the issues which will reduce your legal fees and the costs associated with litigation. You can chose to mediate at any time, even after you have retained a lawyer.

Looking forward to seeing some of you at the Back to Business Summit! Ill be presenting from 9:30am to 10:00am this Wednesday! Come learn about the ways in which COVID-19 is impacting family law. Sign up for this free online event here: http://bit.ly/3i6LQdR

Im sharing the information for the upcoming B2B Summit this Wednesday - Marketing Transformed! Last weeks event was so well run and informative - looking forward to the next one taking place Wednesday July 15. And dont forget I will be presenting on the final day of the summit on July 22! Please share this FREE event with your network and let me know if you plan to attend! www.b2bsummit.ca

As soon as you separate or start divorce proceedings, you should make a will or update your existing will to reflect any change in your wishes. Your will continues to be valid even if you are separated from your spouse for many years. Failing to update this document could mean that your assets will go to your ex-spouse instead of your kids or other beneficiaries of your choosing!

Three weeks ago I mediated my first case involving issues relating to the care of a pet. This inspired me to write an article about the issue. My goal is to provide some clarity on the law as it relates to pets at the time of divorce and separation as well as share available options with pet owners. Feel free to contact me directly if you have any questions! https://www.linkedin.com//determining-who-gets-family-pe/

Excited to be presenting at the Back To Business 2020 Summit - a 3 part free webinar series for business owners and entrepreneurs. Registration is free and you will have the opportunity to hear from industry leaders in a variety of fields. To learn more, go to: https://b2bsummit.ca/ or register at https://bit.ly/37XUlTW Wednesday, July 8 - Money & Property in the New Normal Wednesday, July 15 - Marketing Transformed Wednesday, July 22 - Taking Care of Business....and You ... #B2BSUMMIT2020 #famiylaw

As I become more active on social media (both personally and professionally), I thought it would be fitting to have my first official post be social media related! An important reminder to everyone - especially those going through a #divorce or #separation, to think before you post! I tell all my #familylaw clients to assume a judge may one day be reviewing their social media accounts. If I had to offer ONE tip: don't ever refer to your family court proceedings or make disparaging remarks about your ex on social media (no matter how tempting!) #familylaw #familylawtips #socialmedia https://www.austinmonthly.com/going-through-a-divorce-get-/