Choose Your Partner With Care - Parental Conflict and Court Remedies

"My legal advice to you is to have not had children with that person." Yes, we understand this sounds flippant and judgmental in speaking to clients after separation, particularly when clients are in distress. And we certainly don't mean it that way. We have had to give that advice at times. What we mean, what we are driving at, is not to scold or mock or judge, but, rather, to say that the courts and the legal system have limits to how much it can fix parental conflict. That the only realistic solution is one that is no longer available, to have not had children with that person in the first place.

Consider how many times we have said to clients that we wish his or her ex-partner was much better OR much worse. If they behaved better, we could work with that and reach a resolution and perhaps consider mediation. If they behaved worse, we would have clear and convincing evidence to take to a judge, to reduce or suspend parenting time, and possibly to get a costs award. But, it's the constant, mid-grade, bad behaviour that can be difficult to prove and difficult to convince a judge to take action to fix.

There are some parental conflicts that the court just can't fix. So, we advise you to choose your partner with care, to avoid your ever meeting us or having to pay us to represent you in court. But, if you didn't, give us a call, judgment-free and with empathy.

ADDENDUM: We should add that, despite the perspective above, we are quite skilled and experienced at isolating the bad behaviour of ex-partners and getting results. We have many, many victories on parental conflict and there are many children who now enjoy a peaceful, happy childhood as a result.