Family Law Review

[Mom 2 Two]

Has anyone seen this yet?? Is it legit?

https://news.ontario.ca/mag/en/2019/...processes.html

If it is I think we should all email them with the issues we have experienced!!


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[Helpmyspouse]

Best thing I've read all morning. Thanks for the link. I will write them! I'm so angry at the failed broken system

[gettingexpensive]

Good. Maybe I'll benefit from the "new family law" in the next 10 years while my high-conflict divorce is underway . Now excuse me while I go cry in a corner.

[Helpmyspouse]

I hear you. I've been at it 6 years. It should have been done long time ago. Don't get me started about the money spent on legal fees. It's criminal what the system does to exploit families breaking apart for whatever reason. Doesn't matter why the break up. The ONLY advice I can give is DON'T get married. Don't even live common law. I gave the best advice to my friend. She owns a home in her own name. Met a guy who moved in with her. He pays her "rent". Minimal amount just so that's it's clear for legal purposes he is just a tenant. She can't have kids so no worries there. It's pretty sad but it's what it's come to.

[Mom 2 Two]

I am a year and a half in have spent $15k and had one SC... And this was all for nothing as I was just trying to enforce the SA we already had in place for 6 years.




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[rockscan]

My husband spent about $20,000 for his divorce which included mediation. His ex never followed the agreement and he’s now two years in dealing with cs and school expenses even though the agreement and the law are pretty clear on it. He is close to $10,000 for this round.

[iona6656]

meh- means nothing.

changing the way family lawyers are allowed to bill. that will cause real change.

[Kinso]

What would you suggest as an alternative billing structure?

[Janus]

changing the way family lawyers are allowed to bill. that will cause real change.

That's a teaser. Care to elucidate?

For what it's worth, I suggested the following:

1) Allow paralegals some areas of practice in family law
2) Rebuttable presumption of shared parenting
3) Make forms available and submittable online (with examples so that people can use the examples to fill out the forms)
4) Change legal aid so that if it is offered to one side, it is offered to both. No "legal aid vs self-rep" nonsense.

I didn't just bullet point it, I wrote some explanations, I'm bullet pointing it here

[Mom 2 Two]

Family Law Review

Good points Janus...

I think the proof of material change in circumstance should be looked at before you have to wait two years or more for trial.

Not sure how they can be accomplished. But maybe by allowing litigants to put forth their facts at the beginning. So then a judge can really know everything and not just give opinions based on a small brief or OCL report that half the time they don’t read.

My case still continues... while there is a separation agreement that is now 6 years old and should still be in full force... yet dad follows almost none of it and no one cares until there is a trial.


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[standing on the sidelines]

I agree with all of it except for #4. Maybe raise the threshold of who can apply for it. Why should someone who can afford to pay a lawyer get legal aid just because the other side has it?

[Janus]

I agree with all of it except for #4. Maybe raise the threshold of who can apply for it. Why should someone who can afford to pay a lawyer get legal aid just because the other side has it?

I understand the point of legal aid in the context of criminal law. The prosecution has a lawyer. If the defense does not have a lawyer, then we have a situation where a lawyer is facing an unrepresented party, which is unfair and brings the administration of justice into question.

Family law does not have that situation. Unlike criminal law, where legal aid is used to level the playing field, in family law legal aid is frequently used to unlevel the field. A matchup that was fair becomes grossly unfair.

Possible matchups:

A) Unrep vs. Unrep
B) Unrep vs. Paid lawyer
C) Legal Aid vs. Unrep
D) Legal Aid vs. Paid lawyer

and of course, my suggestion

E) Legal Aid vs. Legal Aid


A - not ideal, but fair
B - unfair
C - unfair
D - fair
E - fair

My suggestion is just to turn the C's into E's. Maybe that could be the niche filled by paralegals. Can't afford a lawyer? A paralegal will be appointed to you.

I am also suggesting turning the B's into D's or E's, at the choice of the person who previously had a lawyer. Your ex qualifies for legal aid? You now have a choice, accept the legal aid certificate (and don't let the lawyer charge "top up" fees), or continue paying full freight for your lawyer. Some people may choose to continue paying for a lawyer. Those who cannot really afford a lawyer will take the cheaper paralegal/legal aid lawyer.

End result: fair(er) trials.

Bonus result: Legal aid becomes a little more careful about who they support, since it has to be a case with reasonable triable issues. Maybe next time a parent with a vendetta walks through the door legal aid doesn't just blindly fund them.

[Kinso]

I like the idea of legal aid being given to both sides as a form of balance. The notion that because someone does not qualify for LAO means they can afford a lawyer is ridiculous.

I'm not a fan of paralegals being permitted to represent clients. The quality of the professionals are just not there. I'd feel more confident being represented by some members of this board then a paralegal.

[standing on the sidelines]

I like the idea of legal aid being given to both sides as a form of balance. The notion that because someone does not qualify for LAO means they can afford a lawyer is ridiculous.

I'm not a fan of paralegals being permitted to represent clients. The quality of the professionals are just not there. I'd feel more confident being represented by some members of this board then a paralegal.

that is why I think the threshold for qualifying for legal aid should be changed. Some people are just so close to the cut off point that in reality it would be a hardship for them to have legal counsel.

[iona6656]

I understand the point of legal aid in the context of criminal law. The prosecution has a lawyer. If the defense does not have a lawyer, then we have a situation where a lawyer is facing an unrepresented party, which is unfair and brings the administration of justice into question.



Family law does not have that situation. Unlike criminal law, where legal aid is used to level the playing field, in family law legal aid is frequently used to unlevel the field. A matchup that was fair becomes grossly unfair.



Possible matchups:



A) Unrep vs. Unrep

B) Unrep vs. Paid lawyer

C) Legal Aid vs. Unrep

D) Legal Aid vs. Paid lawyer



and of course, my suggestion



E) Legal Aid vs. Legal Aid





A - not ideal, but fair

B - unfair

C - unfair

D - fair

E - fair



My suggestion is just to turn the C's into E's. Maybe that could be the niche filled by paralegals. Can't afford a lawyer? A paralegal will be appointed to you.



I am also suggesting turning the B's into D's or E's, at the choice of the person who previously had a lawyer. Your ex qualifies for legal aid? You now have a choice, accept the legal aid certificate (and don't let the lawyer charge "top up" fees), or continue paying full freight for your lawyer. Some people may choose to continue paying for a lawyer. Those who cannot really afford a lawyer will take the cheaper paralegal/legal aid lawyer.



End result: fair(er) trials.



Bonus result: Legal aid becomes a little more careful about who they support, since it has to be a case with reasonable triable issues. Maybe next time a parent with a vendetta walks through the door legal aid doesn't just blindly fund them.

You know. You might be on to something here. Maybe family law lawyers are ALL legal aid. Maybe they’re like doctors. Arguably you’re going to get lesser calibre lawyers wanting to do family law. But meh- even playing field at least. And the costs are sliding scale based on your income- like taxes.


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