Mediation for Divorce Family Law Estate Law Dispute Resolution
Mediating family and estate law cases are very helpful because they each have high emotional content. They always involve dysfunction among and between family members. Divorce cases or family law cases often involve painful child custody issues. Estate disputes often involve festering relationships among siblings and other relatives that have developed over decades, and it is a good idea to try to resolve these cases prior to trial, because a trial result is only likely to add to the dysfunction. Family law and estate law disputes have more in common than they are different. Each involves one or more disputes among individuals,.
Rather than individuals vs institutions. What that means, too, is that individuals, or in the case of estates, they have to finance these disputes, and the cost of litigation in each kind of case, whether it’s a divorce or an estate dispute, tends to shrink the assets of a marital community on the one hand, and an estate on the other. I think early mediation in each of these cases presents more opportunity than early mediation does in almost any other kind of case. In a divorce case with custody issues, if there is an early mediation, the parents can try and work out or agree upon custody arrangements. If they succeed, that accomplishment can help pave the way to resolve financial and other.
Property issues. In the estate cases, there is at least the possibility of rebuilding fractured family relationships. And again, in each case, as the clock ticks, the money, the property starts to disappear. I think for lawyers, it’s very difficult to emerge from a trial in either kind of case with a happy client. In fact, I think it’s almost impossible. And while mediation is far from a panacea, it presents possibilities that are positive that trial never does.
What Are the Grandparents Custody Rights of Grandchildren
What rights do grandparents have to custody and access of their grandchildren? Hi , I’m Brian Galbraith, I’m the owner of Galbraith family law professional corporation. We’re a law firm of divorce and family law lawyers with offices in : Barrie, Orillia, and Newmarket. Grandparents have the same rights to custody and access as any other non parent. In other words, they have no special rights. If the court believes it’s in the best interest to children that the Grandparents be granted access or custody, then they’ll order it. But, in the face of competent parents who wish the grandparents to have no access, obtaining an order of access is very difficult.
Grandparents who have been involved in the day to day care of the grandchildren over an extended period of time, so they’ve been essentially playing the role of parent, they have a very strong case for at least access and sometimes even custody of the children. Another situation which grandparents have had great success, is when the parents are unable to care for their children as a result of perhaps mental illness, or addiction issues, or imprisonment for that matter. Alberta, Quebec, New Brunswick and BC have legislation which acknowledges the importance of the grandparentgrandchild relationship, but it doesn’t guarantee custody or access to grandparents.
Ontario has legislation that’s pending, but it’s a private members bill so there’s a good chance it will not be passed into law. Some of the saddest cases involving grandparents are those in which their child has died and the grandparents wish to maintain a relationship with the grandchildren, but the surviving parent does not want that to happen. Those are tough cases that the court has to grapple with and decide based on what is in the best interest of the children. If you have a case that involves grandparent access, your first step is to book a consultation with one of our lawyers.We’ll analyze the merits of the case and help you decide a course.
Of action toward resolution. The easiest way to book a consultation is just to go to our website which is galbraithfamilylaw . You can book it at the website. Thank you, we look forward to helping you.