Family Litigation

Litigation

At AP Lawyers, we always recommend alternative dispute resolution processes, always starting with negotiations between lawyers.

Many matters settle at the negotiation phase. Others progress to mediation and/or arbitration.

However not all cases settle, and many others are unsuited for alternative dispute resolution. This means, the parties would have to resort to the courts to settle their disputes.

Parties always have the right to go straight to court to resolve their disputes except there is an earlier Agreement in which the parties have agreed to an alternate process.

If litigation is the next logical step or if the client already started the process before retaining us, we go over in detail, the steps in a Family Law Litigation matter.

STEPS IN A CASE – Family Law Matters:

PLEADINGS

  • Application
  • Financial Statement
  • Custody Affidavit
  • Answer to Claim
  • Respondent’s Financial Statement
  • Respondent’s Custody Affidavit
  • Reply

FIRST APPEARANCE
CASE CONFERENCE

  • Case Conference Briefs
  • Financial Statements OR Affidavit (if no change or minor change)

SETTLEMENT CONFERENCE

  • Settlement Conference Briefs
  • Financial Statements OR Affidavit (if no change or minor change)
  • Offers to Settle
  • Net Family Property Statement

TRIAL MANAGEMENT CONFERENCE

  • Trial Management Conference Briefs

TRIAL

OFFERS TO SETTLE –

  • Can be made at any point throughout the case to settle some or all issues

MOTIONS –

  • These are proceedings brought to deal with issues that cannot wait to be determined at Trial.
  • Absent a situation of urgency, motions cannot be heard before a Case Conference.
  • Orders at motions are usually temporary if it is for a substantive issue e.g. spousal support.
  • Motions may also be effective for procedural matters such as getting an adjournment where it is contested or getting basic disclosure where it is overdue.
  • Testimonials

Areas we serve

  • Toronto
  • Brampton
  • Mississauga
  • Vaughan
  • Woodbridge
  • Newmarket
  • Markham
  • Richmond Hill
  • Oshawa
  • Ajax
  • Pickering
  • Whitby
  • Peterborough
  • Clarington
  • Caledon
  • Lindsay
  • Etobicoke
  • Brighton
  • Aurora
  • Cobourg
  • Kawartha Lakes
  • Port Hope
  • Bowmanville
  • Uxbridge
  • Port Perry
  • Baltimore
  • Colborne
  • Fraserville
  • Whitchurch
  • Stouffville

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