Things you should never do in family court

Family court proceedings can be tough and one of the most stressful experiences. Whether it is a decision-making responsibility, child custody, or property dispute, you must make choices that have lasting repercussions. When couples or a family go to court, they usually expect themselves to win. That is why they hire the best family lawyers to represent them in court. Even if everything else seems to go well, there could be a trigger that torpedoes your eventual win into a loss. It could also be someone’s behaviour that did not go down well with the judge. These things may not necessarily be illegal. But unfortunately, they have raised the judge’s ire, which could steer things south. We must remember that there is a lot at stake, including the children’s future. That is why it is imperative you be careful how you conduct yourself in a family court. 

Mistakes to avoid in family court 

Not disclosing financial information

In Ontario, a full disclosure of your financial information is a legal requirement. Any attempt to withhold information or hide income, undervalue assets, or delay disclosure could harm your case. Incomplete or misleading disclosure could lead to adverse cost awards, court decisions won’t be in your favour, and there could be some court sanctions. Especially where property, finance, and assets are concerned, it is best to be completely transparent. 

Making emotional decisions

Emotions often run high in family courts because family law is deeply personal and anger, frustration, and fear are not uncommon feelings. But you should not let these emotions dictate your actions, as these might negatively affect your case. In Ontario, the court encourages cooperation, reasonableness, and prioritizing the best interests of the child. That is why impulsive decisions and hostile communications can undermine your credibility, making verdicts difficult. 

Social media posting

Personal views and information on social media are considered evidence. Family courts view anything shared on social media seriously because it can be blown out of context. Additionally, the information could be used against you and could question your credibility, parenting abilities, and financial claims. It is best to limit or avoid posting on social media about your ongoing matter. 

Ignoring court orders

Court orders, even if they are temporary arrangements, are legally binding. Whether you agree or disagree with them, as a basic rule of law, you must comply. Any level of disobedience, if you haven’t been paying support or are not following parenting schedules, for instance, could lead to enforcement proceedings and impede your standing in court. 

Not keeping the child’s interests in mind

The court always prioritizes the best interests of the child in parenting matters. The grievances of either parent are not taken into account. If a parent’s actions are detrimental to the child, even if it involves speaking negatively about the other parent, it can harm the child’s well-being as well as the case. The court seeks cooperation over conflict. 

Weak or no communication with the other party

Disputes can escalate with aggressive emails or inappropriate text messages, and this is reflected poorly in court. Ontario courts expect parties to communicate with each other respectfully, especially when children are involved. Communication should always be child-focused, polite, factual, and in writing, free from any emotional language. 

Do not handle complex matters without proper legal representation

Some individuals think self-representation can save costs. However, this can be a tangential decision because family law is not as simple as it may seem. Procedural mistakes can prove costly, including filing incorrect documents, missing deadlines or misunderstanding your legal rights. All these can lead to negative outcomes. Obtaining legal advice can help you avoid errors and understand the options available to you.

How to behave in family court Ontario

Adhere to the family court etiquette when you are in session. All electronic devices, including your cell phone, must be turned off. When the judge enters or departs the courtroom, make sure you stand. Even when you are speaking to the judge, do stand. The judge should be referred to as ‘Your Honour’ or ‘Justice’. Before you speak, ask for permission from the judge, and when you do, speak to the judge directly. Except when you are questioned by any other party, do not speak to them. Take notes in court, and pay complete attention to the proceedings. If you wish to give any documents to the judge, always hand them to the court registrar.

When court is in session, do not interrupt anyone. Stand up and wait for the judge to ask you to speak if you wish to object to a question you feel is inappropriate. Before you object, state the reason and allow the other party to respond. Thereafter, wait for the judge to decide if the objection and the response are valid.

Even if you disagree with something anyone says in court, do not make faces or gestures. You must not argue with the judge or the other party. Also remember that only water is allowed in the courtroom, and eating, drinking, or drinking other beverages are not allowed. 

Final verdict

Sometimes the judge is ready to give the decision immediately after the closing statements. If the verdict is not given right away, it means it is reserved for a later date. The evidence presented in the trial will be reviewed in the meantime. To hear the judge’s decision, you may have to return on another date. When it is available, you will also be notified of the decision in writing. Even if you do not agree, do what the judge has mentioned in the court order.

At Alibhai Law

Common mistakes at family court proceedings can be prevented if you hire the right legal guidance and preparation. Alibhai Law teaches you how to manage your emotions and maintain court etiquette before you attend a proceeding. We also counsel you about keeping your emotions in check, whatever the verdict. Our lawyers work tirelessly to improve the outcome of your case and provide you with a seamless court experience. 

FAQs