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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)
Revision as of 18:24, 6 January 2013
, 18:24, 6 January 2013→The Family Law Act and Alternatives to Court
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every dispute would end in a trial."</blockquote> | every dispute would end in a trial."</blockquote> | ||
The act supports the resolution of disputes out of court by: | The act supports the resolution of family law disputes out of court by: | ||
* requiring lawyers to explain the different | * requiring lawyers to explain the different family dispute resolution processes (ss. 4 and 8) | ||
* requiring the people involved in a family law dispute to make full disclosure of the information necessary to resolve the dispute, even when they're not in court (s. 5) | * requiring the people involved in a family law dispute to make full disclosure of the information necessary to resolve the dispute, even when they're not in court (s. 5) | ||
* providing for the use of parenting coordinators to resolve disputes about parenting (ss. 15 to 19) | * providing for the use of parenting coordinators to resolve disputes about parenting (ss. 15 to 19) | ||
* including mediation and collaborative processes as approved dispute resolution processes (s. 1) | |||
* changing the rules about arbitration to better accommodate the arbitration of family law disputes (ss. 305 to 313) | * changing the rules about arbitration to better accommodate the arbitration of family law disputes (ss. 305 to 313) | ||
* allowing the court to delay a court proceeding while the parties attempt to resolve a family law dispute out of court (s. 223) | * allowing the court to delay a court proceeding while the parties attempt to resolve a family law dispute out of court (s. 223) | ||
The act also allows the court to require people involved in a court proceeding to attempt to resolve their dispute out of court, and to attend counselling | The act also allows the court to require people involved in a court proceeding to attempt to resolve their dispute out of court, and to attend counselling if the court is of the view counselling would be helpful: | ||
<blockquote><tt>'''224''' (1) A court may make an order to do one or both of the following:</tt></blockquote> | <blockquote><tt>'''224''' (1) A court may make an order to do one or both of the following:</tt></blockquote> | ||
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<blockquote><tt>(2) If the court makes an order under subsection (1), the court may allocate among the parties, or require one party alone to pay, the fees relating to the family dispute resolution, counselling, services or programs.</tt></blockquote> | <blockquote><tt>(2) If the court makes an order under subsection (1), the court may allocate among the parties, or require one party alone to pay, the fees relating to the family dispute resolution, counselling, services or programs.</tt></blockquote> | ||
This is a dramatic change from the old ''Family Relations Act'' which didn't deal with out of court dispute resolution options except in terms of how agreements could be enforced or set aside. | |||
==Alternatives to Court== | ==Alternatives to Court== | ||
