FAMILY LAWYERS AS PARENTING PROBLEM-SOLVERS: A BETTER WAY FORWARD

Family law is changing.

A 2024 paper presented through the Legal Education Society of Alberta, Practical Guide to New Ethical Family Law Practice: Lawyers as Parenting Problem-Solvers, by Patricia M. Hebert, K.C. and Joanna Waldie of Bruyer & Mackay LLP, challenges family lawyers to rethink the traditional adversarial approach to parenting disputes. 

The message is powerful: when children are involved, winning the fight should not be the goal. Solving the problem should be.

Child-Focused, Not Conflict-Focused

Parenting after separation is about much more than dividing time.

Children have different ages, needs, relationships and circumstances. There is no parenting schedule that works for every family. 

And co-parenting does not automatically mean 50/50 parenting. The focus should be on an arrangement that works for the particular child and family. 

Voice, Not Choice

Children should not be asked to choose between their parents.

But they should be heard.

The paper highlights the importance of obtaining children’s views in healthy and thoughtful ways, without placing the burden of the ultimate decision on them. 

The Right Process Matters

Sometimes court is necessary. Sometimes negotiation, mediation, parenting experts or other dispute-resolution options can achieve a better result.

The goal is not to avoid litigation at all costs. It is to find the right process for the right family.

At Adept Family Lawyers, this aligns with our approach: resolution first, litigation when necessary.

If you are navigating separation, divorce or a parenting dispute, good legal advice can help you understand your options and choose the best way forward.

Contact Adept Family Lawyers to book a consultation.