Family Law: Experience in All Methods of Dispute Resolution

Taylor McCaffrey LLP offers experience and client specific advice for the simplest uncontested family proceedings to the most complex financial cases involving trusts, forensic auditing and accounting and business valuations.

The lawyers in our Family Law department have concentrated their efforts in this core area of practice and have the breadth of experience necessary to assist with comprehensive resolutions of all family law issues.

Members of our department teach at the University of Manitoba Faculty of Law and the Law Society of Manitoba. Our lawyers provide continuing legal education seminars for the Law Society of Manitoba and the Manitoba Bar Association; have authored numerous articles; have been engaged as public speakers on a wide variety of issues involving family law and have argued cases at all levels of court in Manitoba and at the Supreme Court of Canada. Our lawyers are routinely retained to give expert opinion evidence for members of the private bar, locally, nationally and internationally, as well as for the Law Society of Manitoba.

We proceed on the basis that each case is unique and requires detailed knowledge and understanding on our part. We work alongside our clients and use our experience in order to craft the best possible resolution in a manner custom tailored for the circumstances presented.

Our Family Law Practice Area has considerable training and experience in all methods of dispute resolution, including negotiation, arbitration, mediation, collaboration and litigation. Our lawyers are sensitive to emotional issues and events that often arise from a family breakdown. We believe that each client should make decisions from an informed perspective and we strive to provide our clients with an understanding of the legal principles and court processes that may affect them.

From the simplest uncontested proceedings to the most complex financial cases involving trusts, forensic auditing and accounting and business valuations, our lawyers have the specific knowledge required to seek the most effective solution for our clients.

Custody and Access

Custody and access issues are often at the heart of family disputes. Many people do not realize the implications for their children and themselves that arise from the decisions that must be made. Our lawyers help guide our clients in their assessment of the best interests of their children regarding custody and division of time, mobility, name changes and other issues.

Spousal and Common Law Partner Support

The area of spousal and common law partner support continues to undergo considerable change as a result of several recent Supreme Court of Canada decisions. Entitlement to support and the determination of the amount and duration are complex issues which require careful consideration.

Child Support

Child support has also undergone significant changes, reflected in amendments to the Income Tax Act, the Divorce Act and The Family Maintenance Act, along with the implementation of the Child Support Guidelines. These guidelines prescribe base amounts of support to be paid for children, along with the potential sharing of additional expenses. The amount of support paid may be affected by the time-sharing arrangements. Children over the age of majority often continue to qualify as dependent children for the purposes of support. There are also new regulations which mandate ongoing obligations for financial disclosure. It is imperative that people understand both their rights and possible obligations in this critically important and expanding area of law.

Property Issues

Property issues have become more intricate and may involve everything from the division of items of sentimental value to complicated offshore corporate holdings and trusts. The Family Property Act accounting can be a complex legal procedure involving the identification, valuation and sharing of the value of a wide variety of assets, liabilities, debts and tax. Our lawyers are knowledgeable about the rights of parties and the nuances in this area of law and are experienced in guiding clients to reasonable and achievable goals in the most cost effective and efficient manner possible.

Pre-Cohabitation Agreements, Cohabitation Agreements, Pre-Nuptial Agreements, Marriage Contracts and Separation Agreements

Parties who have separated, or those embarking on a cohabitation or marital relationship, may prefer to resolve all issues between themselves and determine their rights using a contract. The right to create one’s own custom tailored domestic arrangement can benefit couples by allowing them to avoid some of the legal uncertainties created by statutes and laws which are continually changing. Many people today wish to enter into their relationships with very specific ideas of self-determined rights and obligations rather than accept the laws which may not adequately address their specific needs. Our family lawyers have the knowledge and experience to assist our clients in considering important issues in these areas and in achieving creative solutions that address their needs and concerns.

Adoptions

Adoption of children, including children of previous relationships, can be complicated and require minute steps to conclude. The proclamation of The Adoption Act in April, 1999 brought new considerations including the possibility of open adoptions and birth parent searches. Our family lawyers can lead clients through this intensely emotional area.

Methods of Resolution

Our family lawyers believe that negotiation, mediation and collaborative practice techniques are important tools in the resolution of family matters. Due to the presence of children, some relationship between the parties will likely continue to exist. An amicable resolution, where possible, will assist parties in defining and securing a working relationship. Our lawyers are trained and experienced in these methods of resolving disputes, which can lead to resolutions without litigation. In some cases litigation or arbitration may be necessary to resolve all or some issues which are potentially contentious.

In each case, our family lawyers will discuss these options with our clients and assist them in concluding their matters using the appropriate tools.