Litigation
The experience of your legal representation is crucial.
In the family law context, if other forms of resolution (collaborative, mediation, negotiations or other) cannot achieve a settlement, a person might have to turn to litigation (court) to resolve outstanding issues. In family law litigation, the experience of your legal representation is crucial. Our lawyers often use courtroom litigation in tandem with other methods of dispute resolution. We have the expertise and skill to navigate the complex and rigorous court process and an excellent reputation before judges in Ontario.
Court appearances in a family law matter may involve the drafting of court pleadings, case conferences, settlement conferences, motions (if necessary), trial management conferences and, failing all other efforts to resolve outstanding issues, a trial.
If court proceedings are required, we will guide and assist you through the various stages of the litigation process. You will want a lawyer who is committed to settling your matter fairly and without recourse to court, unless absolutely necessary.
Should your matter require the court’s involvement, you will need a lawyer who is capable of identifying the relevant issues and canvassing solutions for resolving them, as well as ensuring that all of the proper disclosure is exchanged.
You want your lawyer to seek specific orders from the courts on matters such as support and parenting time, while keeping the door open for ongoing negotiations on property division and other issues.
Even after you start a court proceeding, if the parties are willing, you can still work on settling outside of court, which a good lawyer will always encourage. To do this though, you must have realistic expectations and be willing to listen to your lawyer’s opinion on the likelihood of being successful at court.
Ultimately, it is still your matter and you have to determine what it will take to arrive at a resolution. You need a family law lawyer who is advocating for you but also setting realistic expectations. You will need a lawyer who will speak with you frankly about the strength and weaknesses of your case.
Matters of decision-making, parenting time and support are never truly final in family law. You may find yourself re-negotiating or re-litigating an issue for years to come by bringing motions to change existing order. If your situation has changed significantly since the last time an agreement was entered into or an order was made, you may be able to proceed with a motion to change its terms.
We take a creative, practical and intelligent approach to ensure any family law matter is dealt with in the most efficient and cost-effective way possible.
Speak with a family law lawyer at Osbourne Valentine LLP about the particulars of your case and whether this is a viable option for you.
