The family court system is meant to preserve people’s capacity for decision-making. In reality, the system works hard to steer families away from legal proceedings and toward options like negotiations, settlement meetings, and mediation which allow parties to reach their resolutions without outside intervention from the Court. However, when former partners, parents, or other parties cannot agree on what constitutes a fair settlement on issues like asset division, child support, or spousal support, a good family lawyer can be the key to resolving those disagreements.

The steps in each family law dispute depend on the unique circumstances of the parties and the particulars of each case. Family law cases do, however, typically go through similar steps , as discussed below..

Everyone facing  a family law issue hopes to get the best result as quickly and as efficiently as possible.. Parties in a family law dispute are urged to participate in pre-litigation processes to support meaningful and efficient results..They may take steps during the separation process to settle disagreements before having to actually attend a hearing. Even if they cannot agree on all the details of their case, pre-litigation negotiations allow parties to attempt to settle some of the issues in their case. This way, parties can retain as much autonomy as possible when deciding what works best for their family, rather than those points needed to be decided by a judge.

Before entering into these pre-litigation processes, it’s important that parties enter with the appropriate mindset, with a genuine view to settle the issue before the hearing. The Court may order one party to pay the other party’s legal fees if it determines that the other party failed to make a sincere effort during negotiations and took an unreasonable position that forced the parties to attend Court.

In the event pre-litigation negotiations fail,  The next step may be to commence a proceeding in Family Court. One party will initiate a proceeding by filing an application in Family Court. That document will outline the interim and ultimate orders the Applicant will be seeking. Depending on the issues to be determined in Court, an Applicant’s application may also require an affidavit regarding their intentions to care for any children in the case or a financial statement outlining income, assets and debts at integral points in the relationship.

This initial application must be personally served on the other party once it has been filed and “sealed” by the court.

The Respondent will then have 30 days to file an Answer, together with their supporting documents. It is of note, that extensions of this deadline are often permitted. Once both parties have served and filed their materials, they can then obtain a first Court date.

Ideally, negotiations between the Applicant and Respondent should start once both parties have exchanged their supporting documents, including financial disclosure.

At any time during the Court process parties can and are encouraged to settle on interim parenting plans and support payments while awaiting final judgment.

It is unfortunate, but at times a family court matter may take years to resolve. However, the Court understands that, at times, there are issues that cannot wait for a final trial and a final decision. Sometimes urgent issues arise or interim arrangements need to be made for children, support, the sale of a home etc. In these cases, once the parties have canvassed their issues at an initial case conference, they are free to bring interim motions to the Court to obtain a decision on a specific issue. In the event the parties have not yet canvassed their issues at their first case conference, but an issue arises that is urgent, there may be grounds to file an emergency motion. The test for urgency to bring these types of motions is high and it is recommended that a party seeking to bring such a motion, obtain legal advice from a competent family lawyer before bringing an urgent motion to the Court.

Since 97% of family court cases are resolved before they reach the final hearing stage, it is extremely uncommon for a case to get to a final trial. The time between the initial application and the final hearing will probably be many years..

A judge who has not been privy to any prior event in the parties’ case, will preside over the final trial. Very likely, both parties will testify, along with any other witnesses or experts that have knowledge relevant to the issues that remain live for trial. It is not uncommon for family trials to last several days and cost both parties tens of thousands of dollars. Very often, the party who is found to have been unsuccessful in the proceeding, will be ordered to contribute to the legal fees of the successful party. It is imperative that throughout the entire Court process, that parties have meaningful conversations with their lawyers about the strengths and weaknesses of their particular case and the cost vs benefit analysis of continuing to pursue a specific issue all the way to trial. A lawyer has a positive obligation to their clients and to the Court not to encourage frivolous claims and unreasonable positions.

A Family Court proceeding  is a difficult and emotionally taxing process for all involved.  It’s crucial to remember that family court processes vary by jurisdiction and that every family law matter is unique. The litigation process should always be a last resort when resolving your separation or divorce. The less autonomy given away to a judge, the more parties can decide what works best for their own family. It is essential to get in touch with a family lawyer in the GTA, who is familiar with your local jurisdiction. They can offer specialised advice and counsel to guarantee your rights are safeguarded throughout the process.