Family law

Family law litigation

Family law litigation is rarely about a single issue. Parenting, income, property, disclosure and procedure often interact, and the early decisions made in a case can shape what is possible later.

Overview

What this practice covers

Drury’s family-law practice handles contested proceedings in Alberta and Ontario, including urgent applications, financial disputes, parenting matters, support claims and appeals. The focus is on identifying the issues that will actually decide the case, organizing the evidence around those issues, and choosing a process that is proportionate to the stakes.

Urgent and interim applications

Time-sensitive parenting, support, property-preservation and procedural issues that cannot reasonably wait for a final hearing.

Disclosure and evidence

Financial records, affidavits, expert evidence and the documentary record needed to test a position and prepare for negotiation or court.

Complex financial disputes

Income determination, corporations, professional practices, trusts, valuation questions and allegations that property or income has not been fully disclosed.

Parenting litigation

Parenting time, decision-making responsibility, relocation, enforcement, variation and disputes involving children across provinces or borders.

Support

Child support, special or extraordinary expenses, spousal support, variation and support where income is not straightforward.

Trial and appeal strategy

Case planning from pleadings and motions through settlement discussions, trial preparation and, where necessary, appellate review.

How the dispute is framed

A contested family case benefits from an early theory of the file: what facts matter, which documents prove them, what relief is realistically available, and what process is likely to move the dispute toward resolution. Not every disagreement requires a motion, and not every case can be settled without one. The strategy should fit the record rather than the other way around.

Alberta and Ontario

Family law is governed by a combination of federal and provincial legislation. The Divorce Act applies to many issues arising from divorce, while Alberta and Ontario each have their own provincial legislation governing property, support and other family-law claims. The applicable rules can therefore differ depending on marital status, province, the relief sought and where the proceeding is brought.

This page provides general information only. The legal framework, available remedies and deadlines depend on the facts and jurisdiction. It is not legal advice.

Questions clients often ask

When does a family dispute need to go to court?

Court may be necessary where urgent relief is required, disclosure is not being provided, a party will not engage meaningfully in resolution, or the parties need a judge to decide a disputed issue. Many cases still resolve through negotiation or mediation before trial.

What should I gather before a first meeting?

Useful material often includes existing court orders or agreements, recent correspondence, key financial records, a chronology of important events, and any documents that explain the immediate problem. The exact list depends on the issues in dispute.

Can a family case involve both Alberta and Ontario?

Yes. Families and property can span provinces, and jurisdiction can become an important threshold issue. The governing law and proper court depend on the nature of the claim and the facts.

Do all contested cases go to trial?

No. Litigation and settlement are not opposites. A well-prepared court case often creates the information and leverage needed for a negotiated resolution, while some disputes ultimately require a hearing or trial.

Focused advice

Start with the issue that could change the case.

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