Not all files are knock down, drag'em out warfare. In fact, most are not. However, every family law lawyer will have a war story or two or ten about a file where both sides just really despised each other. Leaving one to wonder how they really made it work in the first place. Enter children into this heartbreak warfare and it can be litigious and extremely detrimental to the children. Often times children become pawns in the warfare.
The recent decision of Ackerman v. Ackerman from the Saskatchewan Court of Appeal dealt with the issue of equal shared parenting in the context of two parents who genuinely did not like each other. The Court of Queen's Bench ordered a 50/50 shared parenting regime and did take note of the apparent conflict between the parties when rendering the decision regarding the shared parenting of the two children. The Court of Queen's Bench Judge held that, in his view, the mother had exaggerated the conflict in order to prevent a shared parenting regime to be put into place. A novel strategy.
The Appeal to the Saskatchewan Court of Appeal was essentially to look at the issue of shared parenting in the context of intense acrimony between the two parents. The Court of Appeal held that the fact that the parties did not communicate well and had a very acrimonious relationship, did not preclude the awarding of a shared parenting regime.
The Court of Appeal also looked at section 16(10) of the Divorce Act which, the court opined, does not create a presumption of equal shared parenting, however, it does establish that maximum contact between both parents and the children is desirable.
Often times clients come in ready to run to court. As counsel, our job is to find a cost effective way to protect our client's rights and to reach a fair and equitable result after the breakdown of the marriage. When the parties have had an acrimonious break-up, going to court is like putting gasoline on an already lit fire. It does no good. Other alternatives to litigation do exist. Often times I will suggest mediation or arbitration. When parenting becomes an issue, particularly that the parties cannot communicate with each other, often times we suggest that the parties see a Parenting Coordinator to help them deal with the issues rather than calling lawyers.
Acrimonious divorce leaves no one happy. Well, except for the lawyer's billable hours. I often show my client's this photo when they come in ready to go to court on the smallest of issues.
The recent decision of Ackerman v. Ackerman from the Saskatchewan Court of Appeal dealt with the issue of equal shared parenting in the context of two parents who genuinely did not like each other. The Court of Queen's Bench ordered a 50/50 shared parenting regime and did take note of the apparent conflict between the parties when rendering the decision regarding the shared parenting of the two children. The Court of Queen's Bench Judge held that, in his view, the mother had exaggerated the conflict in order to prevent a shared parenting regime to be put into place. A novel strategy.
The Appeal to the Saskatchewan Court of Appeal was essentially to look at the issue of shared parenting in the context of intense acrimony between the two parents. The Court of Appeal held that the fact that the parties did not communicate well and had a very acrimonious relationship, did not preclude the awarding of a shared parenting regime.
The Court of Appeal also looked at section 16(10) of the Divorce Act which, the court opined, does not create a presumption of equal shared parenting, however, it does establish that maximum contact between both parents and the children is desirable.
Often times clients come in ready to run to court. As counsel, our job is to find a cost effective way to protect our client's rights and to reach a fair and equitable result after the breakdown of the marriage. When the parties have had an acrimonious break-up, going to court is like putting gasoline on an already lit fire. It does no good. Other alternatives to litigation do exist. Often times I will suggest mediation or arbitration. When parenting becomes an issue, particularly that the parties cannot communicate with each other, often times we suggest that the parties see a Parenting Coordinator to help them deal with the issues rather than calling lawyers.
Acrimonious divorce leaves no one happy. Well, except for the lawyer's billable hours. I often show my client's this photo when they come in ready to go to court on the smallest of issues.