Difference between revisions of "I Have a Family Problem and I Want to Resolve It out of Court"

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}}There are many alternatives to going to court if you have a family law problem. In fact, most separating and divorcing couples never go to court.
}}There are many alternatives to going to court if you have a family law problem. Most family law problems are resolved out of court. However, legal advice or assistance is usually important to making fair agreements.


Instead, families come to an agreement on their own, often through mediation or with the help of services available to help people resolve issues outside the courtroom. Mediation is an approach to solving problems in which a <span class="noglossary">third party</span> (a mediator) helps people with family law problems reach a resolution without going to court. A mediator is a person who is specially trained to help people resolve conflict.
Families come to an agreement on their own, often through mediation or with the help of services available to help people resolve issues outside the courtroom. Mediation is an approach to solving problems in which a <span class="noglossary">third party</span> (a mediator) helps people with family law problems reach a resolution without going to court. A mediator is a person who is specially trained to help people resolve conflict.


Among the services available to help people resolve family issues without having to go to court are:  
Among the services available to help people resolve family issues without having to go to court are:  
*'''Family justice counsellors:''' At [[Family Justice Centres]], family justice counsellors are available to provide information, conduct mediations, and assist with writing separation agreements. Family justice counsellors can assist with family issues such as guardianship, parenting arrangements, contact and support. They cannot assist with getting a divorce <span class="noglossary">order</span> or division of property.  
*'''Family justice counsellors:''' At [[Family Justice Centres]], family justice counsellors are available to provide information, conduct mediations, and assist with writing separation agreements. Family justice counsellors can assist with family issues such as guardianship, parenting arrangements, contact and support. They cannot assist with getting a divorce <span class="noglossary">order</span> or division of property.  
*'''Family advice lawyers:''' At some Family Justice Centres, the counsellors can refer you to [[Duty Counsel|family advice lawyers]] provided by the Legal Services Society for parents with low incomes.  
*'''Family advice lawyers:''' At some Family Justice Centres, the counsellors can refer you to [[Duty Counsel|family advice lawyers]] provided by the Legal Services Society for parents with low incomes. There is also initial legal advice provided by lawyers through [[Access Pro Bono]] and other organizations.
*'''Family LawLINE:''' If you are a person with a low income and a family law problem, you may be eligible for <span class="noglossary">brief</span> over-the-phone "next step" advice through the [[Family LawLINE]] about family law issues such as parenting, child and spousal support, property division, family agreements, and adoption.  
*'''Family LawLINE:''' If you are a person with a low income and a family law problem, you may be eligible for <span class="noglossary">brief</span> over-the-phone "next step" advice through the [[Family LawLINE]] about family law issues such as parenting, child and spousal support, property division, family agreements, and adoption.  
*'''Family mediators:''' Most family mediators are professionals in private practice who assist couples in trying to resolve their family issues by agreement. Some family mediators are also family law lawyers. They almost always charge for their services.  
*'''Family mediators:''' Most family mediators are professionals in private practice who assist couples in trying to resolve their family issues by agreement. Some family mediators are also family law lawyers. They almost always charge for their services.
*'''Collaborative Family Law:''' This approach involves the spouses and their lawyers signing an agreement that they will work together and make their best efforts to resolve their matter, and to create the best situation for their children, but that if one of them takes the matter to court, both lawyers must resign and the spouses must get new lawyers.


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== What happens next ==
== What happens next ==


If you meet with a family justice counsellor or a family mediator, they <span class="noglossary">will</span> discuss your options. They can contact your ex to see if he or she agrees to resolve your issues out of court. If so, the counsellor or mediator <span class="noglossary">will</span> communicate with both of you separately or together to help you reach an agreement. If it appears that you cannot resolve your matter outside of court, a family justice counsellor may assist you in preparing court documents or refer you to a lawyer or an advocate. Family mediators may assist in drafting agreements, but are unlikely to assist you with other court documents.  
If you meet with a family justice counsellor or a family mediator, they <span class="noglossary">will</span> discuss your options. They can contact your ex to see if he or she agrees to resolve your issues out of court. If so, the counsellor or mediator <span class="noglossary">will</span> communicate with both of you separately or together to help you reach an agreement. If it appears that you cannot resolve your matter outside of court, a family justice counsellor may assist you in preparing court documents or refer you to a lawyer on any legal matters. Family mediators may assist in drafting agreements, but are unlikely to assist you with other court documents.  


The Family LawLINE can give you advice about how you can proceed with your case and may refer you to other services, but <span class="noglossary">will</span> not represent you in a mediation or in court. Family LawLINE services are provided through <span class="noglossary">brief</span> phone calls.   
The Family LawLINE can give you advice about how you can proceed with your case and may refer you to other services, but <span class="noglossary">will</span> not represent you in a mediation or in court. Family LawLINE services are provided through <span class="noglossary">brief</span> phone calls.   
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Before talking with a family justice counsellor, mediator, or lawyer, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you have the dates of birth of your spouse and children, your date of marriage or cohabitation (if applicable), your date of separation, information about your income and property and those of your ex, and some notes on the issues that concern you.
Before talking with a family justice counsellor, mediator, or lawyer, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you have the dates of birth of your spouse and children, your date of marriage or cohabitation (if applicable), your date of separation, information about your income and property and those of your ex, and some notes on the issues that concern you.


{{REVIEWED | reviewer = [[Annie Kaderly]], March 2013}}
{{REVIEWED | reviewer = [[Stephen Wright]], March 2017}}


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