Family law: Getting evidence when parents are in major conflict

On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Tuesday, April 24, 2018.

The majority of couples who decide their marriages are no longer working and who make the decision to divorce can do so amicably. In some instances, however, volatile emotions can’t be reined in, and divorcing parents may need to seek outside assistance under family law to help them to come to an agreement regarding parenting issues. One parent or even both could be causing problems, and ultimately the court must intervene after having obtained not only the evidence from the couple, but in many cases¬†evidence of a neutral third party like an Alberta¬†family counsellor.

A judge may feel he or she can trust the objective opinion of a third party when parents are at odds. Children are very rarely asked to provide input in high conflict disputes. The child may feel as though he or she is favouring one parent over the other and could leave a child more stressed about his or her familial situation. And most children don’t really know what is best for their own unique situations.

Details may also be garnered from teachers, pastors, physicians or anyone else who may be closely associated with the family as long as they’re willing to provide such information. Some may not wish to get involved in a messy divorce situation. An Alberta court may also appoint a lawyer to act on behalf of minor children in high conflict divorces.

The court will always wish to do what is in the best interests of children involved in divorce disputes. Parents don’t want to see their children hurt, either. An Alberta family law lawyer may be able to help his or her client to think more logically when it comes to a parenting situation. A compassionate lawyer might be able to diffuse a situation before it gets to the litigation stage. 

Source:, “Obtaining Evidence in High Conflict Parenting Disputes, Part 1: Lawyers for Children“, Sarah Dargatz, Accessed on April 13, 2018

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