Litigation Health: Stages of a Family Lawsuit

Introduction

Terminology: Family law practitioners prefer terms like "family law proceeding" or "family court case" rather than "lawsuit."
Divisions in Law:
- Criminal Law
- Civil Law: Includes general civil law and family law.
Nature of Family Law:
- Deals with issues from the breakdown of intimate relationships.
- Focuses on issues like child care, support, property division, and divorce.
- Not penalty-focused, unlike many civil lawsuits.

Objective: To preserve and respect the rights of all involved, focusing on fair outcomes.
Children's Best Interests: A primary consideration in family law cases involving children.
Difference in Approach: Courts avoid assigning blame or penalties.

Applicable Statutes:
- Child Support Guidelines
- Family Law Act
- Children's Law Reform Act
- Divorce Act (for married couples)
Family Law Rules:
- Mandatory rules setting the court process in Ontario.
- Specific court practice directions, varying by region.
Guides and Resources:
- Ministry of the Attorney General provides guides.
- Steps to Justice Website: Offers interactive flowcharts and guided pathways for the family court process.

Documentation:
- Forms available on Ontario Court Forms website.
- Same forms for Superior Court and Ontario Court of Justice.
Guiding Websites:
- Steps to Justice
- Ministry of the Attorney General

Family Proceedings Not Punitive:
- Not focused on punishing the party at fault for the relationship breakdown.
- Emphasis on setting up functional post-separation arrangements.
Common Misconceptions:
- General blame games or personal grievances (e.g., adultery) do not influence legal outcomes.

Family Law Focus: Functional future arrangements rather than past faults.
Resources Encourage: Use of guides and online resources for deeper understanding of family law processes.

Note: The information is intended for general knowledge and does not constitute legal advice. Consult a lawyer for specific cases.