Calgary COVID-19 Urgent Family Matters Know How To Move Matters Forward During COVID-19.
We are at a critical time in this COVID-19 pandemic. In Alberta (at least), the rate of infection seems to be decreasing – we may finally be “flattening the curve” of the spread of infection. At the same time, to contain this outbreak (and hopefully prevent another), social/physical distancing restrictions are currently being maintained until (at least) June. Government models see infections continuing until the end of the summer. All of our BC and Calgary family law offices are open and we are in court and settling cases full on. Provincial Family Court has brand new hearing directives as does the Alberta Queen’s Bench.
Calgary COVID-19 Urgent Family Matters 1 877 602 9900
“Emergency and Urgent Matters”
Peter Graburn, our managing lawyer at our Bankers Hall Calgary office knows, Calgary COVID-19 Urgent Family Matters need to be dealt with. To help contain the spread of the COVID-19 virus, Courts in Alberta and British Columbia (and other Canadian provinces) have currently suspended hearings of most Court matters except for “emergency/essential and urgent matters”. The Courts are naturally encouraging everyone (parties and their lawyers) to use out-of-Court dispute resolution processes (negotiation, mediation, arbitration, etc.) to resolve their family law disputes (see “Resolving Family Law Disputes During Covid 19”, https://macleanfamilylaw.ca/2020/03/29/resolving-family-law-disputes-during-covid-19 ). In the leading COVID-19 family law case (Ribeiro v. Wright 2020 ONSC 1829), Ontario Superior Court Justice Alex Pazaratz wisely remarked (at para.’s 27 and 30):
“Right now, families need more cooperation. And less litigation… None of us have ever experienced anything like this. We are all going to have to try a bit harder – for the sake of our children.”
Calgary COVID-19 Urgent Family Matters -Moving Calgary Family Cases Forward 1 877 602 9900
But what if your ex-spouse does not want to participate in these out-of-court dispute resolution processes? Calgary COVID-19 Urgent Family Matters can’t be stalled without causing prejudice and even financial harm and damage to children. What if your ex-spouse wants to take advantage of this suspension of Court hearings to delay resolving your family law dispute? What if they do not want to “try a bit harder”? Is the resolution of your family law dispute totally on hold during COVID-19? No. Fortunately, (particularly where prior attempts at settlement have failed or been refused), there are still steps that can be taken to move Calgary COVID-19 Urgent Family Matters forward, a few of these being:
● Filing a Claim – the filing of a Claim is the first step in the formal litigation process in family law. In Alberta, the Courts are still open to accept the filing of Claims and other pleadings (even though the Courts are currently not hearing anything but emergency and urgent matters). Even if the family law dispute is resolved by negotiation, mediation, or arbitration, a Claim (and other formal documents) will need to be filed to obtain a divorce where the spouses are married. Accordingly, the filing of a Claim does not stop the parties from negotiating the settlement of their family law matter but may finally motivate a reluctant ex-partner to “come to the table” to do so;
● Financial Disclosure – full financial disclosure is a fundamental principle in family law – failure to reply to a formal request for financial disclosure has been held to be an example of “blameworthy conduct” by the Courts (see D.B.S. vs. S.R.G., 2006 SCR 37). Applications for financial disclosure are a common, simple, and inexpensive application to require the production of basic financial disclosure from your ex-spouse, particularly where they have been hesitant to produce the information voluntarily. If your ex-spouse does not produce the requested financial information, the Court can then order them to produce the information, with possible cost consequences until they do;
● Questioning – Questioning (still called “Examinations for Discovery“ in B.C.) is an important step in preparing for (and being able to schedule) Trial, particularly where attempts at settlement and mediation have been unsuccessful. Here, your ex-spouse is brought before a Court Reporter to answer questions under oath about the disputed family law issues (particularly the division of family property). Even under current COVID-19 social/physical distancing requirements, this can be conducted by video-conference. This may very well be the first time your ex-spouse has been required to produce documents, explain their position, and be bound by their answers in your family law matter.
MacLean Law is Open for Business During COVID-19
1 877 602 9900
These are unprecedented times, in our society, and in family law. Due to the social/physical distancing rules implemented because of COVID-19: family tensions increase; co-parenting arrangements are strained; financial support is needed more than ever. At the same time, Court hearings are suspended (except for only the most critical ‘emergency and urgent matters’) to resolve these issues – it will be some time before the backlog of family law applications (to try to sort out this whole situation) are heard by the Courts. Out-of-Court resolution processes (negotiation, mediation, arbitration) are available, but only if both parties agree to use them.
So does this mean that the whole family law dispute resolution process grinds to a halt until COVID-19 is over? Absolutely not. While interim (ie. short-term) matters regarding children, financial (child and spousal) support, and family property may not get resolved (except for safety issues), moving forward toward a final resolution of these issues is still possible. During this COVID-19 pandemic, MacLean Law is open and committed to moving your family law matters (whether urgent or not) forward to achieve some degree of certainty during these uncertain times.
MacLean Law – Resolving Matters
