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I’ve heard of “Collaborative Family Law” – How do I know if it’s for me? - Up A Notch Learning Inc.

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I’ve heard of “Collaborative Family Law” – How do I know if it’s for me?

You’re part of a growing trend of people who have heard about collaborative family law, but aren’t sure if they want to “buy in” to the process.  

You may have read my article a couple months ago introducing collaborative law as structured process, which offers families an alternative to court in resolving their family dispute, including separation, divorce, and other disputes.  It allows parties to focus on what is important to them and to their families in order to reach an acceptable solution.  The parties and their lawyers form a core team, working together in 4-way meetings to address and creatively resolve legal and non-legal matters affecting their family.  

This process may be for you if you agree with most of these statements:  

  1. I want to maintain respect for the other party while I move through this process.
  2. I want to protect our children from the effects of our separation or divorce.
  3. I want an agreement which reflects my core values and what is important to me.
  4. I want to be able to put our differences aside to arrive at a mutually acceptable long-term plan for our family’s future.
  5. I can behave ethically towards my former partner.
  6. I want to maintain control over the process.

Your lawyer will discuss with you the various options for resolving your dispute.  Collaborative family law is but one of the options.  It is important to choose the right option for you.  

If you are on the other side of the coin, and are the parent who wants to ensure that the children do not obtain passports due to fear of abduction, once you have a Court Ordered mobility restriction on the children, you may advise Passport Canada that the children should be placed on the System Lookout to generate an alert if an application is received.  

Easiest way to resolve this matter proactively is to ensure that appropriate wording is used in your Agreement or Order to specify whose consent is required for a passport application.

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StephanieDobson


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