A lot of people ask what a family law case conference is. They mostly agree that negotiating with their spouse has failed and things are starting to get more serious.

They did not contact any lawyers when they started the separation or support issues a long time ago because they never thought it would get this far. Now they know they need a family lawyer to help them.

A case conference in family court is a meeting aimed at resolving disputes without going to trial.

The parties involved in the case, along with their legal representatives, gather to discuss the issues and find a solution. With the guidance of a presiding judge, the parties present their positions and explore possible outcomes.

Understanding the Purpose of Family Law Case Conferences

The goal is to encourage cooperation, and communication, and to reach a settlement agreement quickly and efficiently. If a settlement is reached, it can be turned into a court order and binding on both parties.

In the absence of an agreement, the parties may opt for a trial or other legal action to resolve the dispute. A case conference is an effective alternative to a full trial as it helps to preserve relationships, reduces emotional stress, and can be a less formal and less intimidating process.

What is a family law case conference?

Case conferences happen before issues go to family court. The goal is to agree on as many things as possible to reduce the amount of court time needed. Most of the time the case conference is held in a conference room at the courthouse.

If the parties don’t have lawyers representing them, it will normally happen in the family courtroom. This is because there will be a need to keep things organized. When people go to court without lawyers, things can get messy and it puts a massive amount of stress on the court system.

Case conferences normally last between 1-6 hours depending on how many issues there are. It also depends on if progress is being made or not.

Unbundled services

We have been getting a lot of calls for limited-scope retainers. Many people want a family lawyer to help them prepare for court. They might be willing to spend around $5K on legal fees, but no more.

They are okay with going to court by themselves, but they need help preparing for the case conference. The lawyers can help you prepare for court. Speak to us first, sign the lawyer agreement, and then send the lawyer everything they need to help prepare for the conference.

Since a meeting is not required with the lawyer, the lawyer can assist anyone in your province. Most of the communication happens on the phone and by email.

Family Law Judge

The case conference will happen at the beginning of each family law litigation. The judge will want to see how many of the issues can be agreed upon. The judge will also be looking to make short-term orders (temporary) while things progress.

This is often related to child custody as the courts want to protect children. An issue like property division can normally wait until later.

It is also important that all documents are exchanged prior to the court dates. Financial documents and other documents will need to be sent to each other.

There are also several self-represented individuals who do research online to understand the steps of family law. To clarify things we put together this blog.

The Purpose of a Family Law Case Conference

The Role of Mediation in Family Law Conferences

The case conference is often around a one-hour meeting between your lawyer, the other parties’ lawyer, and a judge. Some people attend the case conference without lawyers. The meeting is informal as it is not a trial.

You will often get a new judge if the issue goes to a hearing. The judge acts as a mediator during this stage of the family law matter.

Family law can be complicated. Therefore, it’s important to hire the right lawyer.

Sometimes the case conference is held in a private meeting and sometimes in open court. It depends on which court you attend.

Preparing Effectively for Your Case Conference: A Step-by-Step Guide

It often takes 2-6 months to schedule a case conference depending on where the parents and/or children live. Individuals need to attend the case conference; they should not simply send their lawyers.

The judge won’t make a significant order at this stage. A significant order can include spousal support or division of assets.

If you need a family lawyer to attend a case conference, please contact us.

The judge is also going to look at the possibility of setting the case without going to trial.

Good lawyers should be working towards the goal of a settlement as well. If there is the possibility of a settlement, it is likely that the date will be set for a settlement conference. Multiple conferences can be held with the goal of movies the parties closer to an agreement.

During the case conference, a judge might make some procedural orders. This often is about forcing the parties to disclose to each other.

Settlement Conference Disclosure List

Often both parties are given thirty days from the case conference to provide the disclosure.

All your assets (property, vehicles, air miles, bank accounts, mutual funds…etc.)
Your debts
How much income do both spouses make (income tax returns)
How many expenses were spent on the child (to determine child support)
Employment insurance if applicable

Resolution without going to trial

A case conference in family court is a meeting between the parties involved in a family law case, along with their legal representatives, to discuss the issues in the case and see if they can reach a resolution without going to trial.

The purpose of a case conference is to encourage cooperation and communication between the parties and to resolve disputes as efficiently and effectively as possible.

During a case conference, the parties will have the opportunity to present their positions, discuss their concerns, and explore possible solutions.

The conference is usually presided over by a judge, who will provide guidance and clarification on the law and the issues involved. The judge may also make recommendations and encourage the parties to reach a settlement agreement.

The Benefits of Opting for a Family Law Case Conference

Case conferences can be an effective alternative to a full trial, as they allow the parties to resolve their disputes quickly and without the time, expense, and uncertainty associated with going to court.

They are also a less formal and less intimidating process and can help the parties to preserve their relationships and reduce the emotional stress associated with a legal dispute.

If a settlement agreement is reached, it can be made into an order by the court, which will be binding on the parties. If no agreement is reached, the parties may proceed to trial or take other legal action to resolve their dispute.

A case conference in family court is a meeting between the parties in a family law case to try to reach a resolution and avoid a full trial. It is a less formal and less intimidating process that can help the parties resolve their disputes efficiently and effectively.

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