We will protect your interests as we guide you through the court process.
Litigation is a traditional method of resolving Family Law disputes. It provides parties with a decision by a Judge about any number of issues, on a temporary or final basis.
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, support and property division. When this happens, the other party, who will be known as the Respondent, is required to respond in a certain timeframe and 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 no followed, there can be serious consequences imposed by the courts.
Generally, a lawyer should try to negotiate with the other side before commencing a lawsuit. There are times when this is not practicable, such as if a child is abducted or property is in danger of being dissipated or in other exceptional circumstances.
However, since litigation can be so costly both financially and emotionally, as well as extremely time consuming, it is generally a very good thing to try negotiating the issues first. If negotiations are not successful, however, we 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 your 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.
We will discuss with you whether you would be best served by litigation, given the facts and circumstances of your matter.