Excerpt from Tug of War: A Judge’s Verdict on Separation, Custody Battles, and the Bitter Realities of Family Court

by Mr. Justice Harvey Brownstone

“Why is litigation such a damaging and destructive way to resolve parental disputes?  The answer is simple: the court system is based on an adversarial process in which “winning” is the object of the exercise.  Parents who should be on the same team for their children’s sake become hostile adversaries in a courtroom.  They focus all of their attention and efforts on emphasizing each other’s shortcomings and failings over the life of the relationship.  Some people point out that in recent years, efforts have been made by lawmakers and co9urts to soften the rules and treat family law cases with more humanity and sensitivity than other lawsuits.  However, the fact remains that family litigiation is still litigation, and any lawyer or judge will tell you that a lawsuit is a most unpleasant and highly competititive way to resolve a dispute.  If the parties to a lawsuit have to keep dealing with each other for many more years, as is the case with parents, the effects of litigation on their ability to do so amicably can be tragic and long-lasting.  Believe me when I tell you that litigation is not a friendly exercise.  But that is not the only reason why it should be avoided whenever possible.”

Stay tuned to find out more…

The Changing Face of Family Law

There is a phenomenon sweeping across North America and other parts of the world in the practice area of Family Law. It is Collaborative Law. You may have heard of it, if not, you will.

Collaborative family law is a rapidly growing trend in North America and around the world. The concept emerged from a lawyer in Minnesota, Stu Webb, who wanted to focus his efforts on a peaceful resolution through negotiation with open, honest and respectful dialogue. And the concept of Collaborative Law was born.

Over the years it has matured and many families have remained connected even though the marriage dissolved. Studies have shown that this practice has significantly reduced the negative effects on the children of the marriage, has maintained respectful relationships between the opposing parties, has allowed the parents to remain parenting together for life, and typically is less expensive than a traditional, adversarial divorce.

Collaborative law is also used in other areas of law such as settling business issues, employment issues, and many others. However, the vast percentage of collaborative law cases is in the family practice.

The family at Thibault Jones understands divorce and the drastic negative impact it has on all parties for years. Our goal is to ensure that dynamics remain positive and productive during, and after, the finalization of a relationship.

When children are involved, the paramount concern for us is to protect the children from the harsh and cruel realities that family breakdown create. Most of the negative impact results from acrimonious and disrespectful negotiations and court battles between the very parents that love them dearly. During the height of the emotional battle that rages, many times very loving and caring parents lose sight of the effects their actions have on their children. They are occupied trying to resolve their own emotional breakdown. There is no question that marital breakdown has devastating effects on all the parties. It is our desire and focus to work through their legal differences as respectfully and peacefully as possible. We also strive to see the parties remain parents for life and work together in the best way they can.

We will continue to discuss the different aspects of collaborative and family law here on our blog. If this topic interests you, please follow us as we explore the great benefits collaborative law offers.

We will see you soon....

TJ