These are unusual times for us all.\u00a0 I expect that people who are ready to separate are finding it particularly hard to stay home, stay safe, and to physically distance from everyone except members of their immediate household.<\/p>\n
Currently, most law firms are observing the government\u2019s and the Law Society\u2019s directives to practice remotely wherever possible.\u00a0 Family courts are busy hearing emergency motions by remote means, mostly addressing the entirely new circumstance of parenting during Covid-19. Simultaneously, the courts are dealing with matters that were adjourned during the early days of the pandemic. There is a huge backlog in our courts of all kinds of cases, including family law cases.\u00a0 While the courts have expanded their ability to accept electronic filings (instead of sending a clerk to the courthouse to file paper) the courts are not yet fully \u201cpaperless\u201d.\u00a0 Many steps in a court case that were easy are more difficult or not possible at the moment.\u00a0 The family court in Ottawa is addressing the backlog with virtual hearings.\u00a0 We are not expecting any court dates for new matters to be provided before August 10, 2020. \u00a0Therefore, the court is encouraging lawyers and parties to consider alternative forms of dispute resolution (for example, mediation, arbitration or private settlement conferences).<\/p>\n
Hopefully, your relationships have been strengthened by the pandemic. However, if that is not the case, you should be aware that it is possible to legally separate, even if the circumstances of the pandemic make living at different addresses unrealistic right now.\u00a0 There are family professionals who will do virtual consultations to assist you and your ex to co-exist in peace under the same roof.\u00a0 Most lawyers will do virtual consultations so that you can begin the process of understanding your rights and responsibilities and addressing the issues that arise out of your decision to separate.\u00a0 It is absolutely possible to negotiate a separation agreement in the current environment.\u00a0 Alternative forms of dispute resolution (instead of going to court) are being conducted while physically distancing.\u00a0 Mediation, arbitration, or my favourite for many couples, collaborative family law, all work well in the current environment.\u00a0 Some of the financial disclosure and discussion that separating spouses need to do is actually easier in this pandemic, because many people find themselves with wide-open schedules.<\/p>\n
Some people consult a family law lawyer before they decide whether to proceed with a separation.\u00a0 Having a good understanding of your rights and responsibilities can sometimes put things in perspective.\u00a0 You might consider all the issues and decide that it is really the pandemic that is getting to you, and not so much your significant other.<\/p>\n
Stay safe.\u00a0 Be kind.\u00a0 If things are not going well, you have options.<\/p>\n
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These are unusual times for us all.\u00a0 I expect that people who are ready to separate are finding it particularly hard to stay home, stay safe, and to physically distance … <\/p>\n