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Difference between revisions of "Resolving Family Law Problems out of Court"
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Resolving Family Law Problems out of Court (view source)
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Family law problems can be resolved in a bunch of different ways. Court is not the only option. Depending on your particular circumstances, you may never need to darken the doorway of a courtroom! Almost every issue a couple faces when their relationship breaks down can be handled without litigation, as long as both people are able to discuss things and each is flexible enough to find compromise. The only reason why a couple must go to court is to get a divorce. | Family law problems can be resolved in a bunch of different ways. Court is not the only option. Depending on your particular circumstances, you may never need to darken the doorway of a courtroom! Almost every issue a couple faces when their relationship breaks down can be handled without litigation, as long as both people are able to discuss things and each is flexible enough to find compromise. The only reason why a couple must go to court is to get a divorce. | ||
This chapter discusses how family law problems can be resolved without going to court. This page provides a <span class="noglossary"> brief </span> description of the different alternatives to court, including parenting coordination, and the different ways that settlements and agreements can be recorded. It will also review what can happen when a party has a change of heart after an agreement has been reached. | This chapter discusses how family law problems can be resolved without going to court. This page provides a <span class="noglossary"> brief </span> description of the different alternatives to court, including parenting coordination, and the different ways that settlements and agreements can be recorded. It will also <span class="noglossary"> review </span>what can happen when a party has a change of heart after an agreement has been reached. | ||
==Introduction== | ==Introduction== | ||
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It is particularly important to negotiate a settlement when a couple have children. Where there are no children, a couple can walk away from their relationship and have nothing more to do with one another for the rest of their lives. However, where there are children, a couple can expect to be involved with each other, whether they like it or not, for the next five, twenty or forty years. Both parents will want to be at the child's high school graduation, both will want to attend parent-teacher meetings, and both will want to go to school concerts and sports days, and their child will want both parents to be there too. No matter how tense or awkward the relationship between the parents is, they will both be involved in each other's lives until they die or their child predeceases them. As a result, maintaining a functioning relationship is an absolute necessity, and negotiation gives parents the best chance of doing just that. | It is particularly important to negotiate a settlement when a couple have children. Where there are no children, a couple can walk away from their relationship and have nothing more to do with one another for the rest of their lives. However, where there are children, a couple can expect to be involved with each other, whether they like it or not, for the next five, twenty or forty years. Both parents will want to be at the child's high school graduation, both will want to attend parent-teacher meetings, and both will want to go to school concerts and sports days, and their child will want both parents to be there too. No matter how tense or awkward the relationship between the parents is, they will both be involved in each other's lives until they die or their child predeceases them. As a result, maintaining a functioning relationship is an absolute necessity, and negotiation gives parents the best chance of doing just that. | ||
For more information about parenting issues after a relationship has ended and how to put the children first in your dispute with the other parent, see the page | For more information about parenting issues after a relationship has ended and how to put the children first in your dispute with the other parent, see the page [[Parenting After Separation]]. For more information about the emotional issues that tend to come with the end of a long-term relationship and how to keep those issues from hopelessly complicating your dispute, see the page on [[Separating Emotionally]]. | ||
==The Family Law Act and Alternatives to Court== | ==The Family Law Act and Alternatives to Court== | ||
The provincial ''Family Law Act'' was written to encourage people to | The provincial ''Family Law Act'' was written to encourage people to resolve family law problems other than through court. According to the government's [http://www.ag.gov.bc.ca/legislation/family-law/pdf/part2.pdf explanation] of the new act: | ||
<blockquote>"Section 4 emphasizes that out-of-court dispute resolution processes and resolution through agreements are not simply add-ons to litigation but are the preferred option, with court as a valued, but last, resort.</blockquote> | <blockquote>"Section 4 emphasizes that out-of-court dispute resolution processes and resolution through agreements are not simply add-ons to litigation but are the preferred option, with court as a valued, but last, resort.</blockquote> | ||
