Law Offices of Audra Bennett

The court process can be slow and arduous. There are many stages, and much time to wait between these stages. the Law Offices of Audra Bennett advocates the use of alternative dispute resolution processes (ADR) for all clients. ADR (mediation, collaborative law etc) allow families to maintain control over their future and be creative in the way the resolution to the family's separation is reached. The court process on the other hand, can polarize families and put the children squarely in the middle. the Law Offices of Audra Bennett believes that children should be children and not have the extra stress of the separation looming over them. However, there are many cases where families have no choice but to go to court. As a litigation practice, we understand the process too well. To that end, prior to engaging in a court battle we feel people should be aware of the court process.

The following is a simplistic outline of what each stage is about. It is not an exhaustive or complete outline of the stages, but it should provide you with a general understanding of what they face.

Case Conference

The case conference is the first time the parties are in front of a judge/master. This step is aimed at resolving the matter by ensuring that each party has all the financial, medical and social information (disclosure)they need to resolve the issues. The judge/master can also make other Orders such as proceeding to questioning of both or either party at the official examiners office in order to clarify some of the evidence.

Where the parties already have all the information necessary, the judge/master will assist the parties in resolving some or all the issues in front of the court.

Generally speaking, the judge/master will not make any orders unless the order is on consent of both parties. The exception to this is disclosure. For example: if the issue is child support, a judge will order financial disclosure—income tax returns, recent pay stubs, possibly bank and credit card statements etc. Whether the parties agree or not, the judge/master can make these types of procedural Orders and provide timelines for adherence to the Orders.

Motion

Except in cases of urgency, a motion will not be heard unless the parties have had a case conference.

A motion is an interim step in the process. Where the parties cannot agree, but action needs to be taken relatively quickly (i.e. start payment of support, commence access etc), the parties will provide evidence to the court by way of written documents called affidavits. The parties will then attend in front of a judge/master and present their case. Based on the evidence before them, the judge/master will make a decision.

Be very wary though, if you argue in front of a judge, and are not successful, you may have to pay legal fees to the other side. The result could be no cost award or an award of thousands of dollars against you payable to the other party. That will be up to the judge.

Settlement Conference

This is similar to a Case Conference. At a settlement conference a judge attempts to assist the parties in coming to a mutually acceptable resolution, thus avoiding a trial (also known as a hearing). The judge will encourage parties to settle, often by providing their opinion of the most likely outcome if the matter proceeds to trial.

Trial Management Conference

At this point, a trial appears unavoidable. The court tries to ascertain how many days will be required for the trial (i.e. what experts if any will testify, what reports will be relied on, who will be witnesses, when documents are due at the court etc.).

Trial

In family law, a trial only occurs in a small number of cases. This final step can last days, if not weeks. Evidence is introduced, and witnesses are questioned. The cost of a trial can amount to many thousands of dollars. If successful, one might be able to recoup a portion of the costs from the other side. Of course, if the other side is successful, you may lose a great deal.