Resolving your Family Law Dispute in Court


It is very likely that when you first run into a dispute related to breakdown of your family unit, whether the dispute is about parenting, support or the division of property, your first thought will often be that you need to have a “judge decide.”    This is what we refer to as litigation. 

All of our lawyers at Matkovic Allan LLP have a great deal of litigation experience and have appeared on behalf of our clients at all levels of court. We have an in depth understanding of the court processes and rules that will need to be navigated to ensure that your matter is properly heard and that all of the issues that are important to you are put before a judge for his or her consideration.

Although many of our judges are very skilled and knowledgeable about the issues that are prevalent in family law disputes, there is a general acceptance that because of the unique and personal nature of family law, the court process that is currently in place may not be the best forum to resolve these issues. By its nature, the court process is adversarial and positional.  As a judge is being asked to decide between two different positions, there is little room for negotiation or creativity. Court proceedings are open to the public and in certain circumstances, documents that may be filed in support of your position may be accessed by third parties.  

Certain issues such as interim (temporary) support arrangements or interim parenting arrangements are often decided on a piecemeal basis with shorter and more limited court applications where the parties will only be able to provide the court with a limited amount of information. By the time a family law matter may actually get to a trial, which may take years from the date that the initial claims were filed, the parties may have appeared in front of a number of different judges to deal with urgent matters that could not wait for determination at trial. For these reasons, many family lawyers consider litigation to be a last resort for families.

If other forms of dispute resolution such as mediation or private arbitration are not good options for your particular circumstance, litigation may be the best option for you.  If that is the case, you want to have a lawyer who is experienced, skilled and effective in court.

The lawyers at Matkovic Allan LLP will have the knowledge and skill to assist you with your litigation and to provide you with the necessary advice and guidance to focus your emotional and financial resources on obtaining the best possible outcome for your family.

If you would like to discuss either an ongoing litigation matter or the possibility of commencing new litigation to resolve your family law dispute, please contact any one our lawyers at Matkovic Allan LLP for further information.

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