Representation in Court
Court may be required if your safety or your child's safety is at risk, important decisions need to be made, communication has broken down, financial disclosure or support is not being provided, etc.
It is often worthwhile to try to settle before going to court, but no one can force you to agree to unfair terms. To know what the law deems fair, you need advice from an experienced family lawyer with knowledge of the issues and law in your case.
We regularly appear in courts across Ontario to litigate disputes about parenting time, decision making, relocation, family violence, non-parent contact, child and spousal support, equalization, matrimonial home issues, specific issues for common law spouses, and more.
It is your decision to go to court and how to proceed. Your lawyer should explain your options, likelihood of success, and potential costs before each significant step in your case so you can make good choices.
Despite what has happened, anyone can strengthen their case by making future decisions that are child-focused and reasonable from a legal perspective. We help our clients put their best foot forward in court.
Mediation
Mediation was the clear preference for a 2018 survey of 5,000 Ontarians researching separation. Before separation, 23% said they wanted to mediate. After separation, 45% said they preferred mediation to resolve their case.*
Mediation is voluntary and confidential. You can resolve your case in private rather than before a judge, who may not fully appreciate your family’s circumstances. You are less likely to go back to court if your case is resolved by settlement rather than by court order.
As mediators, we are neutral and impartial. We do not take sides or give legal advice to either party. We facilitate mediation with the parties by themselves or with their lawyers. We enable both sides to fully participate in productive discussions about how they can reach a fair resolution that both can live with.
Not all mediators are family lawyers. Our experience gives us a valuable perspective to facilitate productive mediation, especially where complex legal or financial issues are involved.
* SIËSDE Dispute Resolution Technologies, May 2018
Unbundled Services
Unbundled services are chosen by you, à la carte. With our guidance, you decide which tasks you can complete by yourself and which tasks we will do for you. For example, you may want us to draft a specific court document or separation agreement for you.
Once our services for you are complete, you can request additional unbundled services, legal coaching, or representation from us if your case is ongoing, or you can request our involvement in the future when you need our help.
If you can attend routine court dates, communicate with the court, your ex (or their lawyer) and deal with the monotonous tasks in family law, you can save on legal fees. This helps you budget for future legal services when the stakes are higher and you need the best possible advocacy for your family at important negotiations, contested motions, or trial.
Unbundled services require you to have good organization and time management skills. This is more suitable for low-to-medium conflict cases, without significant power imbalances, and with straightforward legal, financial, and procedural issues.
Legal Coaching
Flat fees are rare in family law, and family lawyers usually require a retainer deposit before providing any legal advice. It is too difficult to predict how long it will take to complete tasks when either party opposes the outcome. We offer flat fees for legal coaching on a "pay as you go" basis.
Legal coaching is periodic legal advice (bi-weekly or monthly) regarding any aspect of your case. We give suggestions, provide helpful resources, and can help you prepare for upcoming events.
We do not require a retainer deposit as you do your own drafting, research, correspondence, document review, court appearances, etc. You must become familiar with court forms and the Family Law Rules. You must work on your case regularly, stay organized, and develop good time management practices.
If we believe that your legal, financial, or procedural issues are complex for a non-lawyer, we may offer legal coaching along with unbundled services i.e. drafting court documents, etc.