Divorce Litigation

When negotiations fail to resolve all issues, and the parties cannot agree on private arbitration, an application to the courts may be made as a last resort. Court applications are simply a request made by one or both parties for a judge to make an order regarding a matter in dispute (parenting, child support, etc.).

These requests are in the form of a document, filed in court, and provided to the other party. The application appears on a court docket at a certain date and may be adjourned while the parties gather their evidence together. Very simple applications may be heard by a judge with many other applications in “morning chambers”, most week day mornings at 10 am. The judges typically do not read the affidavits or other evidence and have just a few minutes to make a quick decision.

Any matter that takes more than a few minutes will be adjourned to an afternoon hearing called a “Special”. It may take two or three months before a Special can be heard. There may be cross examinations of one or both parties before the hearing. The judge at the hearing may refuse to make a decision and order a trial where the parties actually testify in person and call witnesses. Many specialized rules apply to litigation which are intended to ensure the most fair hearing possible, but which often create a delay and expense.

The lawyers at Moe Hannah McNeill LLP have a great deal of experience litigating family disputes and can effectively represent you in court as a last resort. Doug Moe has appeared quite recently in the Alberta Court of Appeal on more than one high profile case. Kevin Hannah has appeared in over 40 Court of Queen’s Bench trials relating primarily to family matters as well as in the Courts of Appeal of Alberta and Manitoba representing both appellants and respondents. Beryl McNeill has extensive court room experience in the areas of personal injury and family law which provides her with a strong grasp of civil procedure. And Warren Jennings has appeared frequently in Provincial Family Court as well as the Court of Queen’s Bench in various trials and other hearings.

Moe Hannah McNeill LLP’s litigation experience, available when needed, has helped shape its commitment to non-litigious, non-adversarial approaches to dispute resolution. Litigation through the courts often exacerbates conflict, heightens tension, prolongs disputes and reduces each party’s control over the outcome. It can also be very expensive. When parties become entrenched in a high conflict, adversarial model it is not uncommon for the process to take a number of years with legal fees of six figures. Hence, Moe Hannah McNeill LLP’s commitment to use litigation only when all other methods of dispute resolution fail.

For more information on Collaborative Family Law, contact Moe Hannah McNeill LLP.