Family Law Services
Diane McInnis focuses on consensual dispute resolution. She sees herself as a peacemaker, believing that hostile positioning is not in the best interests of any of the family members involved. Diane's goal is to help people transition from married to separated in a civilized, cost effective and emotionally safe way.
Collaborative Family Law
Diane McInnis is Legal Professional of Collaborative Divorce Waterloo Region and has served on its core committee since 2013. She was one of the first 10 people in Ontario to attain accreditation as an Advanced Collaborative Professional with the Ontario Association of Collaborative Professionals. The Collaborative Approach to solving family law disputes is a team approach in which both parties’ lawyers, as well as family professionals and financial professionals as needed, work in a cooperative and cost-effective manner to negotiate the terms of the parenting plan, equalization of assets, support issues, etc. This approach requires commitment to resolve issues out of court. Each party has the support of legal counsel throughout the process, resulting in a custom made separation agreement that meets the unique needs of your family.
Family Mediation
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Diane McInnis is an accredited Family Mediator, OAFM (Ontario Association of Family Mediation). She facilitates discussion of family law issues in a cooperative and family centered manner. While she will help couples generate options to resolve disputes, as a mediator, she is a facilitator and does not provide legal advice to either client. Mediation can occur with or without the presence of legal counsel. A draft separation agreement may be the final goal of mediation, which the parties may take to their own lawyer for independent legal advice before finalizing. Mediation is a cost effective way for parties who are willing to have serious, sometimes difficult discussions about their legal issues in a respectful way to obtain a result that is satisfactory to both parties.
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Separation and/or Divorce
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When a couple separates, each partner’s legal status depends on a number of factors relating to the nature of their relationship. There are differences depending on whether the couple was married or living in a common law relationship. There are a variety of legal implications surrounding ownership of property, care and support of children if applicable, spousal support eligibility, and division of property and assets. Diane L. McInnis will help you resolve these legal issues in an efficient and compassionate manner to help ease your family’s transition into your future.
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Spousal Support
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The obligation to pay spousal support or the right to receive it depends on many factors including the means of the payor, the needs of the recipient spouse, the length of the marriage and/or cohabitation, the roles each partner assumed during the course of the marriage and/or cohabitation and other factors. Diane McInnis will help you determine eligibility for support or your obligation to pay, and ensure that the standards set by the laws of Ontario are met by clients.
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Domestic Contracts
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Domestic Contracts include agreements entered into by couples, before, during or after a marriage, and cohabitation agreements (for unmarried couples). These agreements deal with the respective rights and obligations of the parties during the marriage or cohabitation and upon separation, divorce, annulment or death of a partner. The most common domestic contract is a separation agreement after the couple is no longer in the marital or cohabitation relationship. Diane McInnis will help you determine what your needs are and will work diligently to facilitate fair and appropriate resolutions.
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Elder Law
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Diane McInnis has experience dealing with seniors and elder clients with regard to cohabitation, marriage later in life, and separation and divorce, as well as powers of attorney for property and personal care. Diane understands the unique considerations and interests of elder clients, and is sensitive to their needs and enjoys working with seniors.
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Children's Lawyer
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Diane McInnis is a member of the legal rights panel for the Office of the Children’s Lawyer and is appointed to represent the views and preferences of her child clients in both the Ontario Court of Justice and the Superior Court of Justice. She acts for children in custody/access disputes as well as children who are the subject of Child Protection proceedings. Diane also represents children under private retainers in custody and access disputes.
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Parenting plans/decision making: (formerly known as Custody / Access)
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After parents separate, both want what is best for their children. Developing the parenting plan for the child(ren) can become a very difficult and emotional ground of dissension. Diane McInnis, will always focus on the best interests of the child when advising clients about parenting decisions and residential plans. Diane strives to assist clients in cooperative transitions in parenting their child(ren) and meeting the needs of their children. This may take the form of an agreement (or court order if no agreement).
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Child Support
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The law in Ontario recognizes that each parent is obliged to provide for the needs of their dependent child(ren) according to each parent’s means. This obligation has been simplified by the use of Child Support Guidelines, which sets the amount payable per child based on the respective incomes of the parents and the custody/access arrangements. Diane McInnis will help you determine the appropriate contribution for the care of the children.
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Views of the Child Reports: Private Representation of Children
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Diane acts on private retainers to provide Views of the Child reports for a fixed fee of $1500 + disbursements. This is not legal representation of the child, but a summary report to the court on the views of the child in a custody dispute. Appearance at court is billed at the hourly rate of $200 + HST.
Diane also accepts private retainers to act as legal counsel for children, in custody disputes for a reduced hourly rate.
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Initial Consultation
The initial consultation is an interview booked for up to a two hours, during which the family history is taken, the nature of your interests is ascertained, and possible approaches for resolving issues are discussed. The client will understand the basic legal issues and possible next steps. By the of the meeting, the client has enough information to make an informed decision about a preferred process. After this initial interview, the client may make the decision whether or not to enter into a retainer and whether the lawyer wishes to accept the file. The initial consultation fee is set at a reduced rate to afford both the prospective client and the lawyer to mutually agree on entering into a further professional relationship without obligation. ($349.99 inclusive of HST and reporting letter)
The initial consultation is an interview booked for up to a two hours, during which the family history is taken, the nature of your interests is ascertained, and possible approaches for resolving issues are discussed. The client will understand the basic legal issues and possible next steps. By the of the meeting, the client has enough information to make an informed decision about a preferred process. After this initial interview, the client may make the decision whether or not to enter into a retainer and whether the lawyer wishes to accept the file. The initial consultation fee is set at a reduced rate to afford both the prospective client and the lawyer to mutually agree on entering into a further professional relationship without obligation. ($349.99 inclusive of HST and reporting letter)
Legal Aid Certificates
Legal aid certificates are not currently being accepted.
Legal aid certificates are not currently being accepted.
Notary Public Services
Commissioning oaths and affirmations, certifying and witnessing affidavits, declarations or other documents, certifying a document as a true copy.
Commissioning oaths and affirmations, certifying and witnessing affidavits, declarations or other documents, certifying a document as a true copy.
