Family Court Proceedings Lawyers in Mississauga, ON
Advice & Representation for Individuals in Mississauga, Oakville, Burlington & The GTA
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.
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 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.