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Family Court Proceedings & Litigation
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Litigation Lawyers in Mississauga
Court proceedings are part of any family law case, whether they involve litigation or not. You may need to attend introductory court sessions, such as the Mandatory Information Program (MIP). The MIP is required for those involved in contested issues, such as contested child custody or property division. Other court proceedings can involve first appearance dates as well as case conferences. In all of these, you will be going to court. However, they may or may not lead to a trial.
At Rose Family Law, we are here to advise and prepare you for all court proceedings. Various matters of etiquette and rules apply to any court appearances. Our family lawyers have helped countless clients in all types of court proceedings from the simple and introductory to those involving complex litigation.
Turn to Rose Family Law for assistance and representation for your family law court proceedings. Phone us at (905) 367-0134 or contact us online to schedule a consultation.
Court Proceedings in Ontario
Family courts have as their goal to ensure that your case is resolved in a just manner. They also encourage parties involved in disputes to work together towards a settlement where possible. Simple negotiation through further discussion may help you and the other party resolve your disagreements or mediation or arbitration may be used and even ordered by the court. Through the use of these efforts, you and the other party can often iron out your differences to avoid the lengthy, costly, and stressful process of a family court trial. Even if you resolve only some of the issues this way, it would then leave you with less time spent at trial.
Litigation
Litigation begins when one party commences a lawsuit, or in this case, an Application, asking the court to make an order for specific legal remedies, such as an order for custody, access, child and/or spousal support, and property division. After the Application is filed, the other party, who will be known as the Respondent, is required to respond in a certain timeframe. The Respondent can seek his or her own legal remedies as well. The conduct of the lawsuit is called litigation.
The litigation process is very structured and has many formal rules that must be followed. If the rules are not followed, serious consequences can be imposed by the courts.
Generally, a lawyer should try to negotiate with the other side before commencing a lawsuit. In some cases, this is not practicable, such as if a child is abducted or property is in danger of being dissipated or in other exceptional circumstances.
Since litigation can be so costly both financially and emotionally as well as extremely time consuming, it is generally better to try negotiating the issues first. If negotiations fail, however, our lawyers at Rose Family Law can commence a court application for you or assist you to respond to a court application.
If your matter proceeds to court, we will provide you with legal advice based on the particular facts of your case. We will set out options for you, including the next steps you should consider, and provide you with recommendations so you can make the best choice possible in your situation. We will also alert you to the possible consequences of the choices you make. This too should inform your decision on how to move forward.
Where a trial becomes necessary, you and the other party will have the opportunity to present your side of the story before a judge along with evidence, witnesses, and anything else needed to support your side of the issues. A judge will then make then make a determination based on the facts and circumstances presented.
After evaluating the unique circumstances of your particular case, our lawyers can discuss with you whether you would be best served by litigation. Regardless of how your case moves forward, we will work to help you resolve it through the various stages while still ensuring your rights are protected.
Our Practice Areas
Divorce & Separation
While obtaining a divorce can be straightforward, a court order is always required. Sometimes, people agree to issues like custody and support on their own and only apply to the court to obtain a divorce. Those cases, called uncontested divorces, take a relatively short amount of time and cost relatively little.
Custody & Access
Custody technically means the legal responsibility to make decisions for the child related to health, education and religion. Access is the right to be with the child at a given time. The basic issues that revolve around custody are: who will make the primary decisions relating to the child and who the child will live with.
Child Support
Common law spouses are often awarded less spousal support or are given support for a shorter duration than married spouses. The factors that affect entitlement to support and the amount of support are generally the same between married and common law spouses. Your lawyer will best be able to help you determine how much support you can claim.
Property Division
When a couple separates, the assets accumulated during the marriage must be classified as family assets, business assets or individual assets. Family assets must be divided equally between the two partners unless it would be unfair to do so. Often, people require legal representation to identify and divide the family assets, especially if the divorce is contested and or complex.
Marriage Contracts
Common law spouses can obtain the same rights as married spouses by preparing and executing a cohabitation agreement. A cohabitation or marriage agreement is a written document where the parties to the agreement can provide for division of property, support or any other matter upon death or the termination of the relationship.
Court Proceedings
Litigation is a traditional method of resolving Family Law disputes. It provides parties with a decision by a Family Court Judge about custody of children, access/time with and support for their children, spousal support for themselves and their property. Our litigation lawyers can commence a court application for you or defend you when you have been served with court documentation.
Mediation & Arbitration
When a couple separates, the assets accumulated during the marriage must be classified as family assets, business assets or individual assets. Family assets must be divided equally between the two partners unless it would be unfair to do so. Often, people require legal representation to identify and divide the family assets, especially if the divorce or separation is contested and or complex.
Separation Agreements
Common law spouses can obtain the exact same rights as married spouses by preparing and executing a cohabitation / marriage agreement. A cohabitation or marriage agreement is a written document where the parties to the agreement can provide for division of property, support or any other matter upon death or the termination of the relationship.
Spousal Support
Litigation is a traditional method of resolving Family Law disputes. It provides parties with a decision by a Family Court Judge about custody of children, access/time with and support for their children, spousal support for themselves and their property. Our litigation lawyers can commence a court application for you or defend you when you have been served with court documentation.
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