When does a family law case go to trial? What happens at a trial?

Usually, a family law case will only go to trial if the conferences that take place beforehand prove to be unsuccessful in helping the two parties come to an agreement.

Conferences are designed in order to help both parties come to a resolution with the aid of their own, individual lawyers, and at times in the presence of the judge.

If the opposing parties cannot resolve the issues at hand on their own or before a judge, it may become necessary to take the case to trial, where a judge will make a final ruling on the issues being discussed.

At trial, both parties present the judge with the information and evidence relative to, and in support of, the position that they are arguing. During this process, individuals are granted the opportunity to bring witnesses to court in order to ask them questions that relate to their case. Individuals will also be allowed to address and question the opposing parties' witnesses.

At trial, the judge will come to a final decision based on the information and evidence provided by both parties. This decision will then be outlined in a judgment, and both parties will be legally obliged to follow the ruling set out by the judge.

For more information about the trial process in Ontario and the services that Krol & Krol provides in the area of family law, telephone 905.707.3370.