Family Law Litigation
Vaughan Family & Divorce Litigators
Litigation is the traditional method of resolving family law disputes. It requires both parties to present their case before a judge with respect to any issues requiring resolution. Litigation may be needed in circumstances that prevent a resolution by agreement and can be used for any issue arising out of separation or family situations requiring immediate action and intervention. Once each side has presented their case, the judge renders a decision setting out the terms by which the parties must abide pending future changes.
At Bortolussi Family Law, our litigation lawyers have experience advocating before all levels of court to achieve the best possible result for their clients. If litigation is the preferred strategy in your matter, we will commence a court application on your behalf or defend you when you have been served with court documentation.
If your matter is in court, our lawyers provide clear and strategic legal advice based on the particular facts of your case. We will then provide options and recommendations, as well as the potential consequences of the choices you might make. Our litigation lawyers are dedicated to protecting your interests and rights at all levels of court.
When Is Litigation the Most Appropriate Choice to Resolve a Family Dispute?
Alternatives to court, such as collaborative family law, mediation, and arbitration, are typically more efficient, less costly, and result in more amicable resolutions. However, in some situations, litigation is the best or only option for resolving a matter effectively. These situations can include, but are not limited, to situations where the following circumstances apply:
- Custody of (decision making) and access (parenting time) to a child is in dispute and cannot be resolved through negotiation, mediation, or the collaborative family law process;
- When one parent wants to move with the child outside of the child’s usual area or residence without the other parent’s agreement;
- When a restraining order is required to ensure the safety of the family;
- If there is a threat of an abduction or an abduction of a child has occurred;
- The other spouse refuses to share financial information needed to determine child support, spousal support, and property issues;
- There are child and/or spousal support and property issues that cannot be resolved otherwise;
- There is unpaid child or spousal support that must be enforced;
- If there is a concern that one spouse is depleting the family assets and a freezing order (a preservation or restraining order) is needed;
- If there has been a material change in circumstances since the court order was made or since the separation agreement was signed which necessitates a change to the support or parenting arrangements;
- If child protection is needed; and
- If a Divorce Order is desired.
Contact Bortolussi Family Law in Vaughan for Experienced Representation in Family Litigation
At Bortolussi Family Law, our divorce lawyers use their extensive advocacy experience in court to secure as favourable a result as possible for each client. We bring considerable experience to the table, which enables us to stay focused on the goal, even in the face of aggressive tactics in high-conflict litigation. Our clients can be confident in our ability to effectively advocate on their behalf while being mindful that keeping conflict to a minimum is best to promote a functional family dynamic post-divorce.
We bring all of the skill and experience of a Bay Street firm, with the convenience and approachability of a smaller firm located north of Steeles Avenue. We diligently advocate for our clients’ interests in the courtroom while working in partnership with them by keeping them informed every step of the way. We believe an informed client is a confident client. Confidence in the process, and in your lawyer, can go a long way to reduce the stress of family litigation. To discuss your circumstances and learn about the options available to you, please reach out to us online or by phone at 416-987-3300.