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Darlene Rites, Family Law Lawyer & Mediator

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Darlene Rites, Family Law Lawyer & Mediator

Darlene is a family law lawyer and mediator experienced in the resolution of all family law matters.

She assists clients resolve family law disputes in a sensible and efficient manner using a variety of approaches.

08/19/2026

The best parenting plan may be the one you rarely need to read.

As U.S. lawyer and divorced dad Ed Hecht explained in a recent video, a detailed parenting plan should give co-parents somewhere to turn when questions or disagreements arise. It shouldn’t become a weapon.

Not every co-parenting relationship can support a flexible approach. But Hecht encourages former partners who can communicate respectfully to keep three principles in mind:

➡️ Put the children first
Your children didn’t choose the separation. You owe it to them to work together as well as you can.

➡️ Get specific
A parenting plan can cover healthcare, education, religion, extracurricular activities, discipline, holidays and other important decisions. The detail isn’t there to trip up your former partner. It’s there to prevent misunderstandings and provide a shared point of reference.

➡️ Write it down — then live your lives
Once the plan is complete, let it work quietly in the background.

Hecht says his own parenting plan comes out only once or twice a year, usually around Halloween, when he needs to check whose turn it is to take the children trick-or-treating.

A strong parenting plan doesn’t control every moment. It creates clarity when you need it, and room to move forward when you don’t.

08/13/2026

Mediation often takes place during one of the most challenging periods in a family’s life. Difficult conversations, complex decisions and an uncertain path forward can make clear, steady guidance especially valuable.

We’re grateful to this client for sharing their experience working with Darlene — and for recognizing the patience, professionalism and practical approach she brought to the process of reaching a fair and workable resolution.

08/11/2026

Most family court motions must wait until after a case conference. But some situations are too urgent for delay.

In limited circumstances, an Ontario court may hear a motion for a temporary order before a case conference — or even before a case has been started.

When will the court hear an urgent motion?
You must persuade the court that:

✅ The situation is urgent
✅ Waiting would cause hardship
✅ Hearing the motion before a case conference is in the interests of justice

If you want the motion heard without notifying your former partner, you must also show that providing notice or delaying the motion could have serious consequences.

What qualifies as urgent? Every case depends on its facts. Examples may include:

✅ An immediate risk that a child will be abducted or seriously harmed
✅ An immediate threat to a party’s safety
✅ A financial crisis affecting basic needs such as housing, food or clothing

What documents are required?

📄 Form 14: Notice of Motion
Sets out the orders you want the court to make.

📄 Form 14A: Affidavit
Explains the circumstances, the urgency and the evidence supporting your request.
Other documents may be required depending on your case and the orders you are seeking.

For a motion brought with notice, motion materials generally must be served at least six business days and filed at least four business days before the hearing. An urgent moving party may also need permission to shorten these timelines.

Urgency is a high threshold. If the court finds that the motion was not necessary, it may refuse to hear it and could order the moving party to pay costs.

Think your situation may require immediate court intervention? Speak with a family lawyer about your options.

08/05/2026

An Ontario mother must immediately return her nine-year-old daughter to her father in California after the province’s Court of Appeal refused to pause a Hague Convention order pending appeal.

The child was expected to return to California after spending winter break with her mother in Canada. The mother kept her in Ontario, saying the girl refused to travel and she would not force her to leave.

The father, who has primary physical custody under a California parenting order, obtained an order for the child’s return in California before starting proceedings in Ontario under the Hague Convention.

In May, an Ontario judge found that the child was habitually resident in California and had been wrongfully withheld in Ontario.

The judge also found that none of the Convention’s exceptions applied. The child’s concerns about excessive chores and lengthy timeouts at her father’s home were characterized as differences in household expectations, rather than evidence of harm.

The mother appealed and asked the Court of Appeal to delay the child’s return until the appeal was decided.

Justice Lene Madsen refused, finding that the appeal had a low chance of success and that further separation would continue to damage the relationship between the child and her father.

“The father’s relationship with S.M. continues to be harmed by the mother’s unilateral actions,” Madsen wrote. “The unlawful prolonged separation from S.M. has denied the father and S.M. the opportunity to repair this rift. Continuing this separation through a stay of the return order perpetuates that harm.”

The child’s preference to remain in Ontario was “not a justification to disobey existing court orders,” the judge added.

CASE REFERENCE: Mazzeo v. Mazzeo, 2026 ONCA 447

07/29/2026

Who gets to make important decisions for your child after separation?

While many parents still use the term “custody,” Canadian family law has moved away from it. Today, the Divorce Act refers to “decision-making responsibility.”

In simple terms, it means having the authority to make major decisions about your child’s life, including:

✅ Health and medical care
✅ Education
✅ Religion, culture and language
✅ Significant extracurricular activities

One common misconception is that only one parent can have decision-making responsibility. In reality, there are several possible arrangements. Parents may share responsibility for all decisions, divide responsibility in specific areas or give one parent the final say when disagreements arise.

How do courts decide?

There is no automatic rule. Judges look at what is in the child’s best interests, including factors such as the child’s relationship with each parent, each parent’s ability to meet the child’s needs and, in some cases, the child’s own views and preferences.

It’s also important to know that decision-making responsibility is different from parenting time. A parent can have significant parenting time with their child while having limited authority over certain major decisions.

The label matters less than the outcome. The goal is to find an arrangement that supports your child’s well-being and helps you and your partner move forward with as little conflict as possible.

07/21/2026

Financial pressure plays a significant role in separation decisions, according to a recent BMO survey.

The poll found that 37% of divorced or separated Canadians stayed together longer than they wanted because of concerns about the financial cost of separation. A similar proportion said economic factors such as inflation and job insecurity influenced the timing of their split.

The financial strain often continues after separation. More than half of respondents said the rising cost of living made the financial impact of divorce harder than they had expected.

The findings mirror what we see in our practice every day. Inflation, housing costs and employment uncertainty are often top of mind for separating couples. While concerns about money are understandable, delaying important decisions can sometimes create additional financial and emotional challenges.

If cost concerns are holding you back, here are a couple of options worth considering:

✅ Speak with a lawyer early: Your relationship doesn’t have to be at a breaking point before you seek legal advice. Understanding your rights and obligations early can help you make informed decisions, avoid costly mistakes and plan for the road ahead.

✅ Consider mediation: If you’re looking for a lower-cost alternative to court, family mediation may be an option. The process allows separating spouses to discuss their concerns, needs and goals in a confidential, structured and constructive environment.

07/16/2026

Was it a legitimate family loan — or a way to shield assets during a divorce?

An Ontario judge has ordered a trial to determine whether a husband’s claimed $105,000 debt to his brother was genuine after his wife challenged the loan’s validity in their family law proceedings.

The brother had launched a civil action seeking repayment, arguing that he advanced the funds in 2008 to help the couple purchase their matrimonial home. In support of the claim, he produced a promissory note signed by the husband stating that the loan would be repaid at 5% annual interest when the home was sold.

But the wife pointed to several inconsistencies.

She questioned why the brother was personally seeking repayment when the funds appeared to have originated from a company he co-owned with another family member. She also noted evidence showing that the original cheques were issued from an entirely different company — one in which both brothers held shares.

Faced with conflicting evidence and closely intertwined finances, the judge concluded that the dispute could not be resolved through summary judgment.

“Even assuming (without finding) that the promissory note is legitimate, the evidence about the source of the loan is contradictory and the circumstances surrounding the loan raise genuine issues of credibility that go beyond speculation,” the judge wrote. “Given the extent to which the brothers’ finances appear to be intertwined, I do not agree that [the husband’s] admission that he signed the promissory note is determinative or presumptively reliable.”

The civil action has been stayed pending a focused trial on the loan dispute.

Cases like this are a reminder that when family finances, business interests and personal relationships overlap, experienced family law counsel can be essential to separating fact from fiction.

CASE REFERENCE: Hussain v. Munir, 2026 ONSC 2676

07/07/2026

Divorce is often hardest on the kids, which is why psychoanalyst Erica Komisar urges separating parents to put their children first.

Drawing on her clinical experience, Komisar explores the emotional impact of divorce on children in her new book, The Parent's Guide to Divorce: How to Protect Your Child's Mental and Emotional Health through a Breakup or Separation.

In a recent interview with the Institute for Family Studies, she shared three key insights for parents navigating separation.

1️⃣ Consider timing, if possible: Komisar says the most sensitive periods for divorce are before age 3, when attachment bonds are forming, and during adolescence, when children are already navigating major change. While no one should remain in a harmful marriage, she says these stages warrant extra thought and care.

2️⃣ Be thoughtful about new relationships: According to Komisar, children need consistent access to both parents. New partners who undermine that relationship can create additional challenges. She also recommends waiting until a relationship is stable before introducing a new partner to your children.

3️⃣ Recognize that grief doesn’t simply disappear: A child may appear to adjust well after a divorce, but Komisar warns that unresolved feelings often resurface later. One of the most helpful things parents can do is acknowledge their child’s pain rather than assume it has passed.

Divorce changes a family. How parents navigate that change can make a lasting difference.

07/02/2026

Pets may feel like part of the family, but that’s not how the law views them — at least in Ontario.

In this province, pets are classified as personal property, placing them in the same category as the family home, car and furniture to be split between the parties after a separation.

In a landmark move, B.C. legislators recently took a different tack, with a set of amendments to that province’s Family Law Act. The updated legislation created a special category for pets, described as “companion animals,” which requires B.C. judges hearing separation or divorce cases to account for the pets’ best interests when deciding where they should live.

There have been calls for Ontario to follow suit, but until then, here are the two main options for separating Ontario couples who cannot agree on the future of their pets:

➡️ Request a court order: Without the jurisdiction to make custody or access orders for pets, Ontario judges will generally award ownership to one party, basing their decision on a variety of factors, including who brought the pet into the relationship, whether the animal was a gift from one party to the other and who paid to buy the pet or for its ongoing care costs.

➡️ Mediation: Working with an accredited family law mediator, the parties can negotiate a care plan for the pet that is similar to a custody and access agreement created for a minor child. Through negotiations, an agreement can be reached that meets both parties’ needs and clearly defines where your beloved pets will live, who will care for them and who will pay for all the pet-related expenses.

Whichever route you choose, it’s best to hire a lawyer who understands the complexities of the law surrounding pet ownership.

06/25/2026

One of the biggest challenges after separation is figuring out how to co-parent effectively.

That’s where a parenting plan comes in. This written agreement serves as a roadmap for how separated parents will raise their children, covering everything from parenting schedules and holidays to education, health care, extracurricular activities and communication.

The goal is simple: create clear expectations, reduce conflict and provide children with stability.

A strong parenting plan can:

✅ Help parents coordinate schedules and plan ahead

✅ Provide a framework if disagreements arise in the future

✅ Establish communication expectations and reduce misunderstandings

Every family is different. The best parenting plans are tailored to the children’s needs and designed to support them as they grow and change.

If you’re creating a parenting plan as part of your separation, getting legal advice early can help you avoid problems down the road.

Address

905 College Street
Toronto, ON
M6H1V2

Opening Hours

Monday	9am - 5:30pm
Tuesday	9am - 5:30pm
Wednesday	9am - 5:30pm
Thursday	9am - 5:30pm
Friday	9am - 5:30pm

Telephone

+14165364445

Website

http://www.fbllp.ca/

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