Communication and preparation are probably the two most important elements of making your relationship with your lawyer work well. Below are some key tips for working with a lawyer.
Come prepared
Come to meetings with your lawyer with an agenda or a list of questions. Make notes about the abuse in your relationship to give to your lawyer to help them prepare court documents.
Read more
Communication between two people who have separated is often challenging. When there has been abuse, it will almost certainly be a challenge and may create safety concerns. You may find that your ex-partner is using contact with you as a way to continue the abusive power dynamic that you are trying to leave behind.
Much of your case will take place in a series of conferences. The goal of a conference is to assist the parties in settling their case. A judge has the authority to combine or skip conferences. There are three types of conferences:
Case conference
The purose of a case conference is to:
Explore the chances of settling the caseIdentify the issues that are in dispute and those that are not in disputeExplore ways to resolve the issues that are in disputeEnsure disclosure of the relevant evidenceNote admissions that may simplify the caseSet the date for the next step in the caseHave the parties agree,
If you and your ex-partner have children together, you will likely face challenging situations as you manage the parenting issues that will arise. This resource provides suggestions and tips on how to anticipate and manage those challenges in ways that are safe for you and your children and can lead to outcomes that are good for the children.
It is very important to present accurate, detailed and credible information. Going to court is an adversarial process. The judge has to decide between two sides. You need to make sure that the judge has enough information about what has happened to you that they understand and believe your version of the story.
The best interests of the child test is the test that is applied by courts when they make determinations about appropriate parenting arrangements for families after the parents separate (or if the parents have never cohabited).
While the wording of the best interests of the child test is slightly different in the Children’s Law Reform Act (CLRA) and the Divorce Act (DA),
Download:
About this resource:
Luke’s Place has updated our resource that guides women and workers on Ontario’s family court operations. Download the latest version of Family Court Operations Guide now.
In March 2020, family courts moved quickly and efficiently to ensure their operations were consistent with provincial public health protocols put in place to limit spread of the COVID-19 virus.
Most of your evidence will be in the form of written affidavits. Present evidence in a way that helps the judge see the full picture of your family’s situation.
If you are planning to relocate with your children and their other parent or anyone who spends time with them under a contact order does not agree, the court will determine whether the move is in the best interests of the children, taking into account a number of factors.
When a relationship ends, parents must sort out arrangements for the children. If you are leaving a relationship in which your partner has been abusive to you, our new toolkit is for you.
