Andrew Feldstein & Associates

Toronto Family Lawyers – Divorce, Separation, Child Custody, Access, Support

20 Crown Steel Drive
Suite 10
Markham, Ontario L3R 9X9
Canada
Phone: (905) 415-1636
Website:  www.separation.ca
Main Email Address:  Send an email
Main Contact: Mr. Andrew Feldstein

Law Firm Overview
Andrew Feldstein and Associates was established as a small firm in 1994, but has since grown to become the largest Family Law firm in York Region. With its main office in Markham, Andrew Feldstein and Associates has expanded to include satellite offices in North York and Vaughan to meet with the needs of a diverse clientele.

Andrew Feldstein and Associates Professional Corporation is comprised of a team of seven highly skilled family law lawyers, who, together, with its dynamic team of law clerks, practice family law exclusively. As a result, each member of the staff is an expert in their field.

When you call the office of Andrew Feldstein and Associates, your specific case will be handled by either one of our junior or senior lawyers.

Andrew Feldstein and Associates is a boutique family law firm, dealing specifically in this area. As a result, all our staff are knowledgeable in their field. Each lawyer on our team is paired with at least one law clerk, and as such, the team assigned to your file pays special attention to your set of circumstances, resulting in superior legal representation for you. We take great pride in our desire to pay you as much attention and support as you require during this process. Furthermore, we take all necessary steps to ensure that your needs are met in the most professional and helpful manner.

Year this Office was Established: 1994
Number of Offices Worldwide: 3
Attorneys in this Office: 8

Practice Areas
Andrew Feldstein & Associates focuses on the following practice areas:

- Divorce in Ontario

According to s. 8(1) of the Divorce Act (DA), a court of competent jurisdiction may, on application by either or both spouses, grant a divorce to the spouse or spouses on the ground that there has been a breakdown of their marriage.

- Domestic Contracts in Ontario

The legislative framework set out in the Family Law Act provides a default scheme for the ordering of a couple’s affairs upon the dissolution of their relationship. The legislation, however, acknowledges that some parties may wish to regulate their own affairs and allows for this under Part IV of the Act through provisions respecting domestic contracts.1 In contrast to the default legislative framework, whose focus is the breakdown of a couple’s relationship, domestic contracts may deal with a couple’s relationship at various stages. There are three types of domestic contracts: marriage contracts; cohabitation agreements; and separation agreements. Common to all domestic contracts are the requirements that they be in writing, signed by the parties to the contract and witnessed. Additionally, typically only those who are mentally capable and 18 years or older are recognized as possessing the requisite capacity to enter into the contract.

- Adoption Services in Ontario

There are four distinctive routes by which children may be adopted in Ontario:

1. by a step-parent or other relative;
2. from a Children’s Aid Society;
3. privately from a licensed individual or private adoption agency; or
4. from a licensed international adoption agency.

The most common request respecting adoption matters, dealt with by our firm, are requests for adoption by step-parents. As suggested by its name, a step-parent adoption involves an application made individually by the spouse of the child’s parent or jointly with the child’s parent under the Child and Family Services Act to either the Ontario Court of Justice or the Family Court of the Superior Court of Justice for an order for adoption. The definition of spouse employed in the legislation is based on the Human Rights Code and includes married partners and partners living in a conjugal relationship whether of the same-sex or opposite sex. Both the applicant and the adoptee must be residents of Ontario for the court to make an order. According to the legislation, a child is defined as a person under 18 years of age; however orders may be made in respect of individuals 18 years and older.

- Family Law Alternative Dispute Resolution

The three most common forms of Alternative Dispute Resolution (ADR) in Family Law are Mediation, Arbitration, and Collaborative Family Law. Mediation/Arbitration (Med/Arb) is where the disputing parties and the third party neutral attempt to reach a voluntary agreement through mediation. If mediation is unsuccessful, the parties may request arbitration by the same third party neutral. Either party may also decide to end the mediation at any time if the mediation is not productive. The mediator/arbitrator, however, has the ultimate power to decide that the mediation is over which will apply pressure on the participants to make a reasonable attempt at mediation in good faith. Mr. Andrew Feldstein can act as a mediator and as an arbitrator. Collaborative Family Law is often described as being a less adversarial process. The parties, their lawyers, and any other collaborative professionals make an agreement to resolve the issues in their matter while staying out of the court system. Mr. Andrew Feldstein and Ms. Stephanie Ansky are both qualified to act for clients in the Collaborative Family Law process. Often coaches may help manage the clients’ anxiety and conflict. A child specialist, who helps with child related issues, may also be involved.

- Child Abduction

Child abduction is a very complicated issue as it often involves issues of jurisdiction, or which court has the authority to enforce a particular custody and access order. Firstly, if a child is abducted locally the custodial parent should contact the local law enforcement. A parent should always keep the order, the separation agreement, or any written document which confirms the custody and access arrangement easily accessible. A child can be abducted locally; however, there are also cases of international abduction where the child is taken to another country. International child abduction is a much more complicated issue. Our firm deals with local and international child abduction cases.

- Child Custody, Access and Guardianship

Fortunately, the majority of couples with children, whose relationship has broken down, are generally able, with the guidance of legislation and the assistance of counsel, to come to an arrangement respecting custody that meets the best interests of the children involved and simultaneously accommodates the lifestyles of the two newly generated families. Thus, although custody claims do feature initially in applications to the courts, most of these reach settlement before trial. The paragraphs below outline legal aspects of custody that are designed to foster resolution while addressing the overarching concern of the children’s welfare.

- Child Support in Ontario

The enactment of the federal Child Support Guidelines (“the Guidelines”) in 1997 went a long way towards lifting the uncertainty that had previously plagued the determination of child support awards upon a family’s dissolution1. Reference to the Guidelines, means that in a great many cases, the questions – who pays and for whom, as well as how much and how long – have readily ascertainable answers. Notwithstanding the relief the Guidelines have brought, complications remain.

- Division of Property & Assets in Ontario

According to the Canadian Constitution, the federal government has authority to enact legislation dealing with Marriage and Divorce, and the provinces have the authority to enact legislation dealing with Property and Civil rights in the province1. This constitutional division of powers means that a married couple’s divorce will be sanctioned under the federally enacted Divorce Act, while the division of a married couple’s assets is determined by reference to a provincial statute. In the case of Ontario the relevant statute is the Family Law Act.

- Restraining & Non-Depletion Orders (Freezing Assets)

There are two general classes of restraining orders allowed for under the Family Law Act (the provincial legislation governing the breakdown of a spousal partnership):

* orders that restrain a spouse from depleting his or her property; and
* non-molestation orders or orders restraining harassment

- Same–sex Family Law in Ontario

Historically same-sex marriage was criminalized by the penal law. When the Canadian Charter of Rights and Freedom came into existence in 1982 this gave movement and authority to the challenge for discrimination by same-sex couples. However, it was not until 1986 that it became decriminalized.

- Spousal Support in Ontario

Section 33 of the Family Law Act (FLA) and Section 15 of the Divorce Act (DA) gives the court the authority to order a person to provide support for his or her dependants and determine the amount of support. Only individuals who are married may apply for spousal support under the DA. Individuals who are both married and common law may apply for spousal support under the FLA. Even if you are not married, you can be defined as a “spouse” under s. 29 of the FLA for the purposes of spousal support.

- Variation Orders in Ontario

An individual may apply to the courts to vary Spousal or Child support under s.37 of the Family Law Act (FLA) or s.17 of the Divorce Act (DA). Spouses or former spouses may apply for a variation order under the DA (s.15).

* Adoption
* Alimony
* Child Support & Custody
* Child Visitation

* Collaborative Law
* Divorce
* Elder Law
* Family Law

* Pre-nuptial Agreement
* Separation

Additional Practice Areas: Common Law, Same-sex Family Law, Child Abduction, Restraining & Non-Depletion Orders

Partners
Mr. Andrew Feldstein
Partner in Charge
Adoption, Alimony, Alternative Dispute Resolution, Child Support and Custody, Child Visitation

Associates
Ms. Stephanie Ansky
Attorney
Adoption, Alimony, Child Support and Custody, Child Visitation, Collaborative Law

Sanja Curic
Attorney
Adoption, Alimony, Child Support and Custody, Child Visitation, Collaborative Law

Ms. Lianne B. Eklove
Attorney
Alternative Dispute Resolution, Child Support and Custody, Divorce, Family Law

Ms. Ritu Horra
Attorney
Adoption, Alimony, Child Support and Custody, Child Visitation, Collaborative Law

Ms. Stephanie Ostreicher
Attorney
Adoption, Alimony, Child Support and Custody, Child Visitation, Collaborative Law

Ms. Daphna Schwartz
Attorney
Adoption, Alimony, Child Support and Custody, Child Visitation, Collaborative Law

Mr. Michael Wilson
Attorney
Adoption, Alimony, Child Support and Custody, Child Visitation, Collaborative Law