Family Lawyer in Whitby, Ontario

Family lawyers for Whitby

Whitby is a few minutes east of our Ajax office along Highway 401 or Kingston Road, and on the way to the Durham Region Courthouse in Oshawa. Clients from downtown Whitby, Port Whitby, Williamsburg, Taunton North and Brooklin meet us in person in Ajax or by video.

Whitby has grown quickly north of Taunton Road and into Brooklin, and many of the families we see from Whitby have school-age children, a home bought in the last decade and two working parents. Our focus is getting a workable parenting plan and a fair financial settlement in place without unnecessary court time.

Family law services for Whitby clients

• Separation and divorce, including separation agreements and uncontested divorces
• Parenting time and decision-making responsibility and parenting plans
• Child and spousal support, including section 7 expenses
• Property division, equalization of net family property and the matrimonial home
• Motions to change existing orders and agreements
• Cohabitation and marriage contracts, and independent legal advice on agreements
• Muslim family law, including mahr and religious divorce

Parenting plans across Whitby and Brooklin

When parents separate within Whitby, children can often stay in the same school, which makes shared parenting schedules easier. When one parent moves to Brooklin, Oshawa or further east, schools, travel time and activities all need to be thought through, and a move that significantly affects the children's relationship with the other parent may require notice under the Divorce Act or the Children's Law Reform Act.

We help you put together a parenting plan that sets out the regular schedule, holidays, decision-making responsibility for school, health and activities, and how parents communicate. See our guide to parenting time and decision-making responsibility.

Where Whitby family cases are heard

Family cases for Whitby residents are heard at the Superior Court of Justice, Family Court (a Unified Family Court site) at the Durham Region Courthouse, 150 Bond Street East, Oshawa. This one court hears divorce, parenting, support, property and child protection matters. Whitby is about 10 minutes from the Durham Region Courthouse in Oshawa.

Before most first court dates, both parties must attend a Mandatory Information Program session. The first court event is usually a case conference, where a judge helps identify the issues, encourages settlement and makes procedural orders. We prepare your financial statement, conference brief and disclosure so that the conference achieves something.

Settling without going to trial

Most family cases settle. We negotiate separation agreements directly with the other side, work with mediators, and prepare thoroughly for case conferences and settlement conferences so that the judge's input moves the case forward. If your case does need a hearing, the Oshawa courthouse is close to Whitby, which keeps travel simple on court days.

Family law deadlines to know

• 6 years after separation, or 2 years after a divorce, whichever comes first, to claim an equalization of net family property (Family Law Act, s. 7(3)).
• 30 days to serve and file an Answer after being served with a family Application in Ontario.
• 60 days' written notice before a relocation that significantly affects a child's relationship with the other parent.

Exceptions apply. Speak with a lawyer about the deadlines in your case.

Legal Aid certificates for Whitby families

We accept Legal Aid Ontario certificates for eligible family law matters. If you have a certificate or think you may qualify, contact us and we will confirm whether we can take your file. Read our guide to Legal Aid for family law. We are a private firm and are not affiliated with Legal Aid Ontario.

How to get started

1. Call, WhatsApp or use the consultation form with a short description of your matter.
2. We run a conflict check before discussing details.
3. We book a consultation with a lawyer, in person in Ajax or by video.
4. If you proceed, you receive a written retainer or contingency agreement before work begins.
5. We send a document checklist and confirm next steps and deadlines.