How to Successfully Handle Your Court Appearances and Settle Your Family Law Case At The Same Time!
It’s important to understand the separation and divorce process in Ontario so that you are not overwhelmed in the mysterious world of family law!
Hi, my name is Thomas O’Malley. I’m an experienced family lawyer in Durham Region and the GTA.
After your spouse has filed their responding court materials, you have to attend what is called a Case Conference, Settlement Conference and Trial Management Conference before a family court judge in Ontario.
Your family lawyer will work closely with you to prepare for these Conferences.
Your family lawyer will prepare a document called a Case Conference Brief. You must set out a summary of your position of the legal issues in your case in this important document.
Your family lawyer will have a meeting with you to discuss these important legal issues and make sure that the most important parts of your case are emphasized in your Case Conference Brief.
You also set out a description of the facts of your situation in the Case Conference Brief as well.
Here’s the key to success in your Conferences before a family court judge in Ontario: have reasonable expectations and goals from the start.
Your family lawyer can help you formulate reasonable goals and expectation based on the facts and your situation and the application of Ontario family law principles to your situation.
I have always found that the more reasonable a client’s expectations and goals are, the more likely they will get what they want in family court.
You will give an excellent impression to the family court judge when you are taking reasonable positions on the various legal issues in your case.
Here’s something really important: listen very closely to the family court judge’s recommendations about how to resolve or settle the legal issues in your case at your Case Conference or Settlement Conference.
I often settle my client’s case in family court based on some version or variation of a judge’s recommendations at a Conference.
Your family lawyer will discuss in detail the family court judge’s recommendations to you during a break in the Conference or after the Conference is over.
Another crucial part of the divorce and family court process is a settlement. Your family lawyer will draft a proposed settlement agreement with you to resolve the legal issues in your case.
Your family lawyer most likely will be discussing with you during the separation and divorce process how to settle the issues in your case with your former spouse.
You and your family lawyer make a written proposal to your former spouse that you are willing to settle your outstanding family law issues on specific terms.
Then your family lawyer sends this written proposal to your former spouse.
Most cases are settled with a written settlement agreement so that you avoid the cost and anxiety of a trial.
If you cannot settle your case during the divorce and family court process, you have to go to trial. Your family lawyer presents witnesses and evidence on your behalf. Your spouse’s lawyer does the same thing.
Then a family court judge will make a final order on the issues in your case.
I will discuss more details about the separation and divorce process in Ontario in another video.
If you have any questions about your separation, divorce or family law case and you would like our help, there’s a few ways to contact our office. You can leave a message on my Facebook law office page, visit my website at www.canadiandivorcelegaladvice.com, or call me directly at 905-434-8837.
We would be happy to speak to you.
Oh, by the way, did you know you can protect your family law rights and get essential information on settling your family law issues with your former spouse with the daily indispensable family law advice and tips at my FREE Facebook group?
Click here to find out more: Durham Region Separation and Divorce Legal Support Group
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