The Process

Family Law Process

Conflict of interest check

When you first make contact with Laschuk Law as your potential legal representative, the Law Society of British Columbia requires us to do a “conflict check”. This ensures there is no conflict of interest relating to your case or the person you are dealing with in your dispute.

First meeting

Before your initial 30 minute consultation, we will send you a questionnaire to complete. This will make our meeting more efficient; by answering those questions ahead of time, we already have the basic facts to help us lay out your options.

Bring any relevant court orders, pleadings or applications with you. Write down items that are a priority for you and bring the list.

Early in the process

Should you choose to retain us, we will work together to craft a plan that helps to achieve your immediate needs and goals. We will gather information (facts) relevant to your situation, and then continue to plan and take all necessary steps until your matter is completed. Our goal is to put you in the best position to move on with your life.

From the outset, we seek all appropriate disclosure from the other party to help achieve a fair and proper resolution of the issues. Because the “best interests of the children” are paramount in BC, expert reports may be needed to shed light on the issues of guardianship (custody) and parenting time (access), as well as parenting arrangements. In some cases, financial experts are needed to assist with business valuations, income determinations or asset appraisals.

Later in the process

Once proper disclosure and any necessary expert reports are obtained, the negotiation process may begin in earnest. In many cases, the parties through their lawyers negotiate a fair separation agreement which settles all issues between the parties. This may occur either with or without the benefit of one or more of the processes used, which include mediation, arbitration, parent coordination and court.

Court

Court is a costly and high-stakes venue, and is often viewed as a “last resort” option. Sometimes however – such as where a person may be harmed or property may be disposed of – there is no other choice. This route is also fairly likely if, despite your best efforts, negotiation leaves some or all of the issues still standing. That said, starting a legal proceeding does not necessarily mean you will have to endure a trial in open court. Most cases in BC settle before that point. Negotiation and settlement efforts can and do continue throughout the court proceeding.

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