While some family disputes are resolved by talking things out and reaching agreements privately, others may require legal intervention. Divorce, child custody, and inheritance are some family disputes that may require hiring a family lawyer and proceeding to court.
In Canada, the most active cases in courts are family cases. It shows that Canada has an extensive set of rules and regulations for handling family disputes and protecting the rights of people.
Let’s talk more about how litigation in family law disputes works to protect your rights.
What is Family Law Litigation
Family law litigation is the legal process of resolving family-related issues such as divorce, child custody, and child support through the court system. Each party presents its case to a judge, who decides based on the evidence and arguments given. A custody order, for example, may specify when and how frequently each parent may see their child.
It can be a time-consuming and costly process and may affect family dynamics. For starters, the stress and uncertainty of the legal process might result in emotional discomfort. Moreover, the financial cost of litigation can be huge, affecting the family’s resources. However, hiring a family lawyer can make the process relatively stress-free and help save financial resources.
Family Laws in Canada
In Canada, family laws encompass federal and provincial legislation that cover family-related legal matters such as marriage, divorce, child custody, child support, spousal support, and property distribution.
Federal laws, such as the Divorce Act, outline the divorce process and the legal rights and obligations of separating spouses. Child custody and support, spousal support, and property partition are all governed by provincial laws. These laws might differ between provinces and regions.
Canadian family law has changed over the years regarding marriage, divorce, and child custody. For example, Canada was one of the first countries to legalize same-sex marriage and amend family laws to ensure that all couples, regardless of gender or sexual orientation, receive equal treatment.
Pros of Family Law Litigation in Disputes
Here are some benefits of litigation in family disputes.
Cooperation
Litigation can force both parties to cooperate and negotiate. When both parties face each other in court, they may be more motivated to engage in productive discussions to negotiate a settlement that benefits everyone concerned. In a divorce case, the parties may collaborate to develop a parenting plan that meets the needs of their children rather than relying on the court to make these decisions for them.
Permanent Records in the Court
Litigation creates a lasting public record of the court’s activities and rulings. It can benefit families who want a clear and binding decision that cannot be amended or challenged later. The court will document and enforce a judgment to ensure the protection of the interests of both parties.
Evidence Matters
Evidence is vital in the decision-making process in litigation. It means that the parties must give substantial evidence to back up their claims and support their arguments. The stronger the evidence, the stronger the case, which can help guarantee that the decision is based on facts rather than biases. For example, parties may produce financial records and other evidence to support their claims about their income and expenses, which can assist the court in determining an appropriate amount for a divorce settlement.
Guaranteed Outcome
Litigation ensures outcomes. The judge’s ruling is final and binding. It might give closure to families that have been at odds for a long period. Once the court issues a definitive ruling on family issues like property distribution and spousal support, the parties may be free to move on with their lives.
Ability to Appeal
If one of the parties disagrees with the judge’s judgment, they can appeal to a higher court. It can be a valuable safety net for families concerned about the decision’s impartiality. For example, if a parent disagrees with a trial court ruling on child custody, they may be able to appeal to a higher court, which can provide a second view of the case.
Cons of Family Law Litigation in Disputes
Here are some drawbacks of litigation in family disputes.
Uncertainty
Family law litigation is an uncertain process because the judge ultimately decides the outcome of the case based on the evidence. It can cause anxiety for both parties because they cannot predict how the court will decide on critical issues like child custody, spousal support, or property distribution. It might add to the tension and anxiety that already exists in families that are going through a difficult time.
Time-consuming
Litigation is a time-consuming procedure, causing substantial delays and frustration for families. The court process may include many hearings, filings, and other legal obligations, which might lengthen the process. It can be especially difficult for families who require fast settlements to their issues, such as child support.
Emotional Effect
It can be emotionally draining as it pits family members against each other in court. The nature of litigation can produce heightened emotions between the parties, which can be detrimental to long-term family bonds. It can also increase existing emotional issues between the parties, such as anger or resentment, making reaching a mutually acceptable solution more difficult.
To Litigate Or Not to Litigate?
There are various aspects to consider when deciding whether or not to litigate family disputes, including the complexity of the issues, collaboration between parties, time sensitivity, emotions, and cost.
Litigation may be necessary for difficult issues or time-sensitive situations. However, alternate dispute resolution procedures, such as mediation, may be more appropriate for cooperative families concerned about the financial costs of litigation.
Seeking the assistance of a professional family lawyer can assist families in making an informed decision about how to resolve disputes.
Alternate Dispute Resolution Procedures
Litigation is not the only option for resolving family law issues. Families can use alternative dispute resolution strategies to handle their problems outside court.
Mediation
Mediation is a procedure in which a neutral third person, known as a mediator, assists the parties in reaching an amicable resolution to their disagreement. The mediator does not make a decision but helps the parties communicate and negotiate. It is generally less expensive and less time-consuming than litigation.
Arbitration
Arbitration is a less costly and faster procedure compared to litigation. It includes a neutral third party, an arbitrator, who gives a binding decision to settle a dispute. The parties agree to follow the decision based on evidence and legal arguments.
Collaborative Law
In collaborative law, both parties and their lawyers work to resolve a disagreement without going to court. The parties agree to work and share all relevant information to reach a mutually agreeable solution. If the parties cannot reach an agreement, they may litigate.
Hiring a Family Law Lawyer
Hiring a family lawyer can provide peace of mind when handling family disputes through litigation. Here are some other benefits of hiring a family law lawyer.
Legal expertise
Family law is complicated; however, a family lawyer has extensive knowledge and expertise in the legal system and how it pertains to your specific situation. They can advise you on your legal rights and obligations and guide you through the judicial system.
Objective Advice
Family disputes can be stressful, and making choices without being swayed by your emotions can be challenging. You can get impartial guidance from a family lawyer and make decisions based on the law and what is best for you.
Representation in Court
If your case goes to court, having a family law lawyer represent and professionally take on your case to present evidence can support your stance and help you get your rights.
Negotiate Settlements
Family lawyers can also help negotiate settlements and resolve issues outside of court. Your lawyer can collaborate with the other party’s lawyer to develop a mutually acceptable settlement that fulfills everyone’s needs.
Finding a Family Law Lawyer in Canada
If you’re looking for a family lawyer for a divorce case, child custody, or other family disputes, Nanda & Associate Lawyers can help!
We have a professional and qualified team of litigation lawyers who can help you navigate your family court case. Our lawyers have years of experience settling cases inside and outside the court to help reach settlements and protect the interests of our clients. We also provide other legal services through immigration lawyers and real estate lawyers to guide you in all legal matters.
Contact us now to set up a consultation.
Disclaimer: Please note that this blog is intended for educational purposes only and should not be used as a substitute for legal advice.
