Litigation: The Family Law Process - Trials

Angela Grant Lee • June 14, 2023

In the family law process, a trial is the final step if you and your former partner cannot resolve your issues outside of court. 

Welcome back to part 9, the final post in our Family Law Process series. These posts went through the family law process from start to finish, and identified what you can expect to occur at each step in your matter. Please note that it is possible that not all of the steps will occur in your family law matter.


1.     Before starting your case

2.     Starting your case

3.     Replying to an Application

4.     Financial disclosure

5.     Serving and filing court documents

6.     Mandatory Information Program

7.     Conferences

8.     Motions

9.     Trials


The Trial


           In the family law process, a trial is the final step if you and your former partner cannot resolve your issues outside of court. In the trial, you and your former partner will appear before a judge and present evidence supporting your respective claims. At the end of the trial, the judge will make a court order regarding the issues in the case. Family law cases are decided solely by a judge, not a jury. The test used is on “balance of probabilities” which is where the judge believes that one party’s story is more likely to have occurred than the other party’s story. Judges are neutral and impartial, and will judge the case according to the evidence provided.


Steps in Trial


           The trial process usually occurs in the following way:


1)     Opening statements: each party will provide the judge with an oral summary of the issues, background facts and what the party is requesting, and a broad view of the evidence that will be presented.

2)     Applicant’s evidence

3)     Respondent’s evidence

4)     Applicant’s reply (if required)

5)     Closing statements: each party will provide the judge with an oral summary of the evidence that has been provided, and a review of the party’s request.

6)     Decision by the judge


Trial Record


           A trial record is a set of documents provided by the Applicant that ensures all the parties involved have the information required. A trial record must include the following:


1)     A table of contents listing all the documents in the trial record;

2)     A copy of the Applicant’s Application;

3)     A copy of the Respondent’s Answer;

4)     A Reply, if one was provided;

5)     Any agreed statement of facts;

6)     Any assessment reports that the court ordered or that the Applicant and the other party agreed to have prepared;

7)     Any report from the Office of the Children’s Lawyer (OCL);

8)     Any temporary order from a judge about an issue that has not been resolved on a final basis;

9)     Any order about the trial;

10) The relevant parts of any transcript the Applicant intends to refer to at trial;

11) The Trial Scheduling Endorsement Form; and

12) Financial Statements, Certificate of Financial Disclosure, Net Family Property Statement (if the issues involve child/spousal support, and property claims).

If the Respondent feels as though there is material they would like to add, they may do so.


Length of Trial


           The length of a trial depends on various factors such as how complex the issues are, the amount of evidence provided by the parties, the availability of counsel and the court. The trial record must be served on all parties and filed with the court at least 20 days before the trial commences. If the Respondent has documents to add to the trial record, they must serve and file their documents at least 7 days before the trial commences.


Costs


           Trials are costly and timely. Not only do they pose a financial burden, but they also take an emotional and psychological toll on the parties. It is also important to remember that if you and your former partner cannot make decisions regarding your case, it will be decided entirely by the court, a third party, who only knows your circumstances based on the evidence you have provided. The court will decide who will have decision-making responsibility, the support amount, amongst other issues if the issues cannot be decided between the parties. If this is not how you wish to have your issues resolved, it may be suitable to try alternative dispute resolution options such as mediation or arbitration.


           Costs also come into play as the judge may decide that the unsuccessful party will pay the successful party’s cost of going to court. The judge will consider various factors when making this determination, such as the parties’ behaviour during the matter, how prepared the parties were, and whether a reasonable offer to settle was made but was not accepted by the party.


Offer to Settle


           An offer to settle is where one party will make the other party an offer to settle the case and resolve the issues. An offer can be made at any time during the case. The offer should be clear, reasonable, and fair. An offer may be a cost-effective way to reduce legal costs. An offer to settle cannot be shared with the judge until they have made their decision.


To note, the above should not be taken as legal advice, and if you have any questions or concerns about your case please speak to a lawyer. To find out how we can help you with your matter, please visit our website at https://www.grantleelaw.ca/ or call us at 905-315-6837 to book your consultation now.

The Secret Alternative to Court Battles: What a Family Mediator Really Does

April 28, 2026
When families face separation or divorce, many people immediately think of courtrooms, legal fees, and drawn-out conflict. But there’s a quieter, more effective option that many in Southern Ontario are turning to—family mediation. So, what is a family mediator, and why are more people choosing this route over traditional litigation?  Let’s break it down. What Is a Family Mediator? A family mediator is a neutral third-party professional who helps couples or families resolve disputes—without going to court. Instead of taking sides, the mediator facilitates respectful conversations and helps both parties reach mutually acceptable agreements. Family mediation is considered a form of alternative dispute resolution, designed to help families work through issues like: Parenting plans and child custody Child and spousal support Division of assets and property Separation agreements Rather than having a judge decide your future, mediation empowers you to make those decisions together. For families in Halton Region, working with a family mediator Burlington can be a practical and cost-effective way to move forward. How Family Mediation Works Step 1: Initial Consultation The process usually begins with a consultation where both parties learn how mediation works and determine if it’s the right fit. Step 2: Identifying Key Issues The mediator helps outline the topics that need to be resolved—whether it’s finances, parenting, or property division. Step 3: Guided Discussions Through structured sessions, the mediator ensures both sides are heard. The focus is on collaboration, not conflict. Step 4: Agreement Creation Once decisions are made, the mediator drafts a separation agreement that reflects the terms both parties agreed upon. This document can later be reviewed by Burlington family lawyers or Oakville family lawyers to ensure legal accuracy. This process is designed to be confidential, respectful, and efficient , often resolving issues far faster than court proceedings. Why More Families Are Choosing Mediation 1. It’s More Affordable Litigation can cost tens of thousands of dollars, while mediation is typically a fraction of that cost. 2. It’s Faster Court cases can drag on for months—or even years. Mediation can often be completed in just a few sessions. 3. It Reduces Conflict Mediation is non-adversarial, meaning it avoids the “win vs. lose” dynamic of court. Instead, it focuses on finding common ground. 4. It Keeps Things Private Unlike court cases, mediation is completely confidential. Your personal matters stay out of public records. 5. It’s Better for Children Mediation encourages cooperative parenting and helps create child-focused agreements that prioritize stability and well-being. Mediator vs. Lawyer: What’s the Difference? This is where many people get confused. A mediator does not provide legal advice or represent either party. Their role is to guide discussion and help both sides reach an agreement. On the other hand, Burlington family lawyers or Oakville family lawyers represent individual interests and provide legal counsel. In many cases, the best approach is to use both: A mediator to reach agreements A lawyer to review and finalize them This combination offers both collaboration and legal protection . Is Family Mediation Right for You? Mediation works best when both parties are willing to communicate and negotiate in good faith. It’s ideal for: Couples seeking an amicable separation Parents focused on co-parenting Families wanting to avoid court costs and delays However, in situations involving abuse, extreme conflict, or power imbalances, mediation may not be appropriate. A qualified family mediator Burlington will typically screen for these factors before proceeding. Local Insight: Mediation in Burlington & Oakville In growing communities like Burlington and Oakville, families are increasingly choosing mediation as a modern alternative to traditional legal battles. With access to experienced mediators and supportive Burlington family lawyers and Oakville family lawyers , residents have flexible options that prioritize resolution over conflict. This local shift reflects a broader trend: families want solutions that are faster, more affordable, and less stressful . Final Thoughts: A Smarter Way Forward Separation and divorce are never easy—but how you handle them can make all the difference. A family mediator provides a structured, respectful environment where both parties can move forward with clarity and control. Instead of leaving life-changing decisions in the hands of a judge, mediation puts the power back where it belongs—with you. Ready to Take the First Step? If you’re navigating a separation or family dispute, consider speaking with a trusted family mediator Burlington to explore your options. Pairing mediation with guidance from experienced Burlington family lawyers or Oakville family lawyers can help ensure your agreement is both fair and legally sound. Don’t let conflict define your future—choose a path that leads to resolution, respect, and a fresh start.

Why Separated or Divorced Parents Should Start Planning Summer Now

March 31, 2026
When you’re navigating separation or divorce with children, summer break can feel like both a gift and a logistical challenge. While the longer days and relaxed schedules are something kids look forward to, they also require thoughtful coordination between parents. That’s why spring is the perfect time to start planning ahead—before calendars fill up and conflicts arise. If you’re unsure where to begin, speaking with an experienced family law professional like Angela at Grant Lee Law can help you avoid common pitfalls and ensure your plans are in line with your legal agreements. 1. Avoid Last-Minute Conflicts Summer schedules can get complicated quickly. Camps, vacations, family events, and even work obligations all need to be considered. If both parents wait until June to start planning, it often leads to misunderstandings or disputes. By starting in the spring: ● You can align on vacation dates early ● Book camps or childcare before they fill up ● Ensure both parents have quality time with the children Planning ahead reduces stress—not just for you, but for your kids as well. 2. Stay Within Your Parenting Agreement Many separation agreements or court orders outline how parenting time is divided during holidays and summer months. However, these agreements can sometimes leave room for interpretation—or may no longer reflect your current situation. This is where guidance from someone like Angela at Grant Lee Law becomes invaluable. She can help you: ● Interpret your existing agreement ● Make adjustments if circumstances have changed ● Avoid unintentionally violating legal terms Being proactive now can prevent legal complications later. 3. Put Your Children First Summer should be a time for kids to relax, have fun, and make memories—not feel caught between parents. Early planning allows you to create a schedule that prioritizes their needs. Consider: ● Maintaining some consistency in routines ● Allowing time for friendships and activities ● Ensuring smooth transitions between households When both parents collaborate early, children benefit from a more stable and enjoyable summer . 4. Budget and Financial Planning Summer activities can be expensive—especially camps, travel, and childcare. Planning in advance gives you time to: ● Discuss how costs will be shared ● Budget for major expenses ● Avoid financial disagreements Clear communication now can prevent tension later, especially if finances are already a sensitive topic. 5. Flexibility Is Easier When You Start Early Even with the best intentions, plans can change. Work schedules shift, opportunities come up, and unexpected events happen. When you start planning in the spring, you leave room for flexibility. You’re more likely to: ● Accommodate each other’s requests ● Make adjustments without conflict ● Keep communication positive and cooperative Last-minute changes, on the other hand, often lead to stress and disagreement. 6. Reduce Stress for Everyone Let’s be honest—co-parenting isn’t always easy. But having a clear summer plan in place can significantly reduce anxiety for both parents. You’ll know: ● Where your children will be and when ● What activities are planned ● How responsibilities are divided That clarity creates peace of mind and helps you focus on enjoying the season rather than managing conflict. It may only be spring, but when it comes to co-parenting after separation or divorce, early planning is one of the best things you can do for your family. A well-organized summer benefits everyone—especially your children. If you’re facing uncertainty or need help navigating the legal side of things, reaching out to Angela at Grant Lee Law can provide clarity, guidance, and peace of mind. Starting now means fewer surprises later—and a smoother, more enjoyable summer for all involved.

Amicable Divorce Agreement

February 27, 2026
Reaching a divorce agreement doesn’t have to mean going to war. While emotions naturally run high during the end of a marriage, an amicable divorce is not only possible — it’s often healthier, faster, and far less expensive for everyone involved. At Grant Lee Law, we believe that respectful negotiation and thoughtful legal guidance can help couples move forward with dignity and clarity. Here’s how you can work toward an amicable divorce agreement. 1. Shift the Goal: Resolution, Not “Winning” Divorce is not about defeating your spouse — it’s about reaching a fair resolution that allows both parties to move forward. An amicable agreement focuses on: ● Fair division of assets and debts ● Practical parenting arrangements ● Financial stability for both parties ● Minimizing long-term conflict When both sides commit to cooperation, the process becomes more productive and less emotionally draining. 2. Communicate Clearly — and Calmly Open, respectful communication is the foundation of an amicable divorce. This doesn’t mean you have to agree on everything. It means you commit to: ● Listening without interrupting ● Avoiding personal attacks ● Focusing on solutions instead of past grievances If direct communication is difficult, your attorney can help facilitate productive discussions while keeping negotiations constructive. 3. Be Transparent About Finances Financial disputes are one of the most common sources of conflict in divorce. Full transparency about income, assets, debts, and expenses builds trust and prevents delays. Prepare documentation for: ● Bank accounts ● Retirement accounts ● Property and real estate ● Business interests ● Debts and liabilities Honesty early in the process prevents costly disputes later. 4. Put Children First If children are involved, their well-being should guide every decision. An amicable parenting agreement should prioritize: ● Stability and consistency ● Meaningful time with both parents ● Clear schedules and expectations ● Reduced exposure to conflict When parents focus on the best interests of their children rather than personal differences, long-term co-parenting becomes much easier. 5. Consider Mediation Mediation is often an effective way to resolve disputes without litigation. A neutral third party helps guide discussions and explore compromises. Benefits of mediation include: ● Lower legal costs ● Greater control over the outcome ● Faster resolution ● Reduced stress Many couples find mediation to be empowering because they craft their own agreement rather than leaving decisions to a judge. 6. Work With an Experienced Family Law Attorney Even in an amicable divorce, legal guidance is essential. An attorney ensures: ● Your rights are protected ● Agreements are legally sound ● Important details are not overlooked ● Court filings are handled properly At Grant Lee Law, we guide clients through respectful negotiation while protecting what matters most. Our approach focuses on practical solutions, efficient resolution, and reducing unnecessary conflict. 7. Stay Future-Focused Divorce marks the end of one chapter — not your entire story. When you approach negotiations with a long-term mindset, you’re more likely to reach solutions that truly serve your future. Ask yourself: ● What do I need to feel secure moving forward? ● What outcome will allow both of us to rebuild? ● How can we prevent ongoing conflict? An amicable divorce is an investment in peace — for you, your former spouse, and especially your children. Moving Forward with Confidence Reaching a divorce agreement amicably requires patience, cooperation, and skilled legal guidance. With the right support, it is entirely possible to protect your interests while maintaining respect and dignity throughout the process. If you’re considering divorce and want a smoother path forward, Grant Lee Law is here to help you navigate the process with clarity and confidence. Contact us today to learn how we can assist you in reaching a fair and amicable divorce agreement.