Throughout our resources are warnings that are worrisome for any separating parent about the legal system and Family Law.
The FRRP is about minimizing the role of the legal system by educating parents so that they are in charge of their family’s future/destiny through knowledgeable decisions, with or without a lawyer. The FRRP goal and hopefully your goal is to work toward a shared parenting agreement that respects and includes the other parent and extended family in the lives of your children.
If Family Law and the employment of lawyers had a respected record of success re: maintaining the involvement of both families, then the employment of family law lawyers would be a no-brainer. But research informs us otherwise. Recently a local family law lawyer described the adversarial system/approach as ‘blood sport’. A Must Read!
In the readings are several case examples that are evidence of a failed system. Consider the option of an adversarial system at a time when emotions often override judgment and decisions are made out of self-interest and not family interests, all done with significant financial cost.
Generally, self-representation is chosen because of financial strains. Debts are greater than assets as few people are prepared financially for a separation with children. Two homes cost more than one home. Legal aid is not provided to the working poor. The default position for some is self-representation or significantly more debt and/or borrowing from family.
If self-representation leads to better outcomes for children and parents in the long run, it will seem to be the approach to take. The evidence is unclear.
What are the outcomes for myself and my children by self-representing?
There is some evidence that self-representation can be self-defeating in terms of outcomes. There is however scarce research on this topic and often the evidence is anecdotal based on a patchwork of stories. Evidence is so individualized that it may fail a more general statement about effectiveness- positive or negative.
Our own analysis has found that the legal profession and family law judges repeatedly complain about the trend to self-representation and as such they rarely are friendly to self-representation. The lack of knowledge of procedures, etc., for wannabe lawyers slows the judicial process. In other words, the system and the professionals within the system are trained to meet the requirements of Family Law-you aren’t!
I have had limited experience in self-representation. As a 30- year classroom teacher, (in front of people)reasonably educated, and a suitable temperament (?), my limited experiences produced mixed results helping clients in Court. In my last experience I lasted maybe 15 seconds and was told to go to the back, sit down and be quiet. No explanation!
I had noted just prior to the above, a conversation between the other lawyer and the judge (colleagues). I decided then to no longer represent anyone in court for I feared my presence was self-defeating for my client. My advice would be provided outside the court room.
I was ill-prepared mentally for the smack down that resulted in a $1500 fine for court costs to my friend/client- wasting the Court’s time. Even worse, was watching my client/friend caught like a deer in the headlights by a judge who displayed zero empathy for this good dad.
In our resources re: Bill C-78 (amendments to the Divorce Act-2018), a local Family Law lawyer mentioned earlier described the system as a ‘blood sport’. This same lawyer is devoting her Family Law work to Collaborative Law. Unfortunately, the cost of Collaborative Law (lawyers) is too expensive for many of you; however, if it leads to a just settlement outside of Court, it may be worthwhile. A drawback is that if Collaborative Law breaks down the clients must obtain alternative, legal counsel.
In this section on self-representation, there is obviously considerable information on Family Law- i.e. a crash course on becoming a lawyer. Even if you eventually turn to a lawyer or even have a lawyer currently, this helps you to be more knowledgeable about the process, your lawyer’s directions, and may save time that saves you money.
Self-representation is more doable when the parents have agreed to try a family friendly approach, and high conflict is unlikely.
You need to be built for self-representing or acquire the skills for such. It will require a commitment at a time when your life is emotionally and parenting wise overly complicated. See essay: My Family Matters Too!
I did not intend to be as negative as I may sound. There are statistics that in some jurisdictions 55-80 % of parents are self-representing. Perhaps by being foot soldiers, the acceptability of this approach by parents may change the system. The emphasis may become focused on alternative approaches (Bill C-78) that pre-empt the traditional legal journey described as a ‘blood sport’.
Go beyond what is provided here. This is only a start.
See the Safety and Legal page for more on those topics.