Family Law Litigation Lawyer

Family Law Litigation & Representation 

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A lot more goes into effective representation than simply showing up in court and forcefully arguing a position.

 

At the very front end, it is crucial to get to know your client and their circumstances. The most effective family lawyers are able to understand the client’s needs and carefully explain the pros and cons to various legal options.

 

It might be that the client is initially determined to “go to war”, but mediation is far more likely to resolve the issues. In other situations, the client might think the matter will resolve amicably, but the lawyer is troubled by red flags that the client has not considered.

 

An effective lawyer/client relationship requires both sides to actively listen and carefully consider the big picture before taking decisive action that can inflame an already precarious situation. At the core of our family law practice is our litigation experience, especially with contentious issues that cannot resolve without going to court.

 

A motion is akin to a mini trial where usually only one issue is decided by a judge. It is often an issue of some urgency. A motion is an excellent opportunity to size up the overall strength of your case and weigh the cost/benefit of further litigation.

 

 

Pleadings consist of your lawyer’s written argument of your position that is served to the other party and submitted to the Court in advance. Pleadings that are well-researched, well-written and on point with the issues are more likely to narrow the scope of litigation and conserve court costs. More importantly, experienced counsel who draft effective pleadings are in a better position to advance a position that will ultimately be more persuasive to the trier of fact.

 

For motions, and where the matter ultimately proceeds to trial, the in-court experience of your counsel will go a long way to achieving desirable results. Of course, the facts of a given case will vary, and it is always up to the judge to decide in the end.

 

Family law litigation involves legal disputes that require court intervention to resolve issues related to divorce, child custody, or support. 

 

At the core of our family law practice is our litigation experience, especially with more contentious issues. 

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A lot more goes into effective representation than simply showing up in court and forcefully arguing a position.

 

At our firm, we prioritize gaining a deep understanding of our clients and their unique circumstances. The most effective family lawyers listen closely to the client's needs and clearly explain the pros and cons of various legal options.

 

It might be that the client is initially determined to “go to war”, but mediation is far more likely to resolve the issues. In other situations, the client might think the matter will resolve amicably, but the lawyer is troubled by red flags that the client has not considered. 

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​Our team is committed to fighting for your rights and helping to secure favourable outcomes in complex family disputes.

 

 

What You Need to Know About

Family Law Litigation

 

Motions:

A motion is a request made to the court to resolve an urgent issue in your case. It typically addresses immediate needs such as;

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• Child custody arrangements

• Temporary financial support.

 

Motions can be filed at any point during your case and help ensure that your rights are protected while waiting for a final decision.

 

Pleadings:

Pleadings refer to formal written documents filed in court that outline your claims, defenses, and requests. Common pleadings in family law cases include:

• Statement of Claim: A document outlining the issues you are bringing before the court.

• Answer: The responding document where the other party provides their position.

• Affidavits: Written statements under oath that provide supporting evidence.

 

Frequently Asked Questions

About Family Law Litigation:

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How long does a family law case take in Ontario?

• Family law cases in Ontario can take several months to years, depending on complexity. Cases involving child custody or support can often be resolved more quickly through motion hearings, while divorce and property division disputes may take longer.

What should I expect during a family law motion?

• During a motion, you can expect the court to consider your request for temporary orders while your case is ongoing. These could involve child custody, access, or support arrangements. Michael Coristine Law will help you prepare all necessary documents and present a strong case.

Do I need a lawyer for family law litigation?

• While it's not required, having an experienced family law lawyer like Michael Coristine significantly increases your chances of achieving a favorable outcome. We’ll guide you through motions, pleadings, and every step of the litigation process to ensure your interests are represented.

What is the difference between mediation and litigation?

• Mediation is a process where parties attempt to resolve disputes with the help of a neutral third party, without going to court. Litigation, on the other hand, involves court proceedings and is necessary when parties cannot agree or when there is a need for a binding legal decision.

Can I change court orders related to custody or support?

• Yes, you can request changes to existing court orders by filing a motion for variation if there has been a significant change in circumstances.

 

​Disclaimer: This content is for informational purposes only and does not constitute legal advice. Every case is unique, and speaking to a lawyer is necessary to understand your rights and obligations.

 

Why Choose

Michael Coristine Law?

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• Relentless advocacy to help secure your financial future.

• Committed to help protect your safety and your family's security.

• Dedicated to help safeguard your assets, wealth, and hard-earned success.

• Strategic solutions for resolving disputes with confidence.

• Providing unwavering support through life’s legal challenges.

 

 

Take the Next Step 

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The right legal team makes all the difference, schedule a confidential consultation today. 

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