What can I do if my partner isn’t following our separation agreement?
Question & AnswerWhat can I do if my partner isn’t following our separation agreement?
2. Get help from a family law professional
You and your partner might need help to talk about why one of you is not following your .
In family law you must think about using (ADR) or a family dispute resolution process to resolve your issues out of court if it’s suitable for you. ADR might not be right for you if:
- one person is afraid of another person because there is a history of family violence
- there are serious mental health or drug abuse issues
A family law professional may be able to help you resolve your issues out of court. They are people who are trained to help you reach an agreement or make a decision for you by using an ADR process.
These processes include:
- parenting coordinator
Deciding which process is best for you depends on the facts of your situation and what you want. For example, a mediator doesn’t make decisions for you, but an arbitrator does.
Your separation agreement might even require that you first try a process like mediation to work out your issues before taking any further steps like going to court.
Some of the reasons to use ADR instead of going to court are:
- You have more control over what happens.
- It can be faster and cheaper.
- It can be less stressful.
- It takes place in a private setting.
Each family court location in Ontario offers subsidized mediation services. You can get up to 8 hours of mediation for a fee that is based on each person’s income. You can use this service whether or not you have a court case. If you’re already in court, you can get up to 2 hours of mediation at the court for free at the court.
You can also find mediators who offer their services at lower rates through JusticeNet. JusticeNet is a not-for-profit that helps people in Ontario whose income is too high to get legal aid and too low to afford standard legal fees.