The phrase
"conflict cases" refers to situations where there is a disagreement or dispute between two or more parties. It could involve arguments, fights, or legal disputes where people have opposing views and interests.
Full definition
A key point in that article was that some or even three of these criteria could be found in
high conflict cases of divorce and post divorce, and still not be parental alienation.
This appears to be in response to
conflicting case law in many provinces, which has caused uncertainty and encouraged court challenges.
In high
conflict cases involving custody, access and child support evidence of communications between the parties is often front and centre if the matter goes to court.
Collaborative practice may be appropriate for low, medium or even high
conflict cases where there are significant trust issues.
Many of the scenarios arise in
conflicts cases because they provide the stakes for an apparent «client» to challenge their «lawyer» from acting for the other side.
The answer to this question is constantly evolving, with new and
conflicting case law addressing specific facts released almost yearly.
Most domestic violence cases are high conflict, but not every
high conflict case involves domestic violence.
What's worse, high -
conflict cases of such may spur on the alienating mother or father to brainwash the youngsters that the targeted parent never wanted them and worse, never really loved the children.
Again, there is
conflicting case authority across Canada, and each jurisdiction has its own legislative scheme governing the deductibility of income replacement and other benefits.
Acted in a complex and
highly conflicted case involving the removal of children to a different jurisdiction and the division of marital assets.
Topics include: Session 1 — High Conflict Separation & Divorce Basics Session 2 — Managing Your Case When You Don't Have an Attorney Session 3 — Educating the Court About High - Conflict Personalities Session 4 — When to go to Court and When to Handle It Your
Parenting coordination is appropriate for high
conflict cases dealing with child - related issues, such as when there is a high rate of litigation, especially concerning the implementation of a custody order or parenting plan; mediation has not been successful or has been deemed inappropriate; parents need assistance developing, modifying or implementing their parenting plan;...» (Fieldstone, et al, 2011).
Instituting procedural reforms in family courts so that high
conflict cases such as P.A. cases are managed by one judge (case management exists on paper in some jurisdictions but it is rare for one particular judge to take full control of a case).
While implementation of the reforms will be up to the Law Societies, and the acceptability of our analysis awaits the judgment's of the courts in
adjudicating conflicts cases, one important part of the Report is a Toolkit of conflicts management materials which is available for use by Canadian lawyers right now... [more]
In the article, Mr. Boyajian
reviews conflicting case law concerning the use, by debtors in possession and bankruptcy trustees, of expanded statutes of limitations available to governmental entities in challenging fraudulent transfers.
Particular areas of expertise: Domestic abuse cases; private law children cases particularly where there are allegations of domestic abuse and high
parental conflict cases.
Although most high -
conflict cases start out with litigation, most of them can be resolved through skillful negotiation once the discovery process is complete, as long as the parties and their divorce attorneys are satisfied that they have all of the information necessary to effectively negotiate a divorce settlement.
In
past conflicts cases the Court has on occasion been sharply divided (e.g., Strother v 3464920 Canada Inc, 2007 SCC 24), and its judgments have in some cases been notably confusing (e.g., Neil).
We focus on it because it is grounded in skills - based methodologies that have empirical evidence showing the ability to help people in high -
conflict cases modify their behavior.
This method can be used in family court (as a requirement prior to the court making any decisions), mediation, collaborative divorce, pre-mediation coaching, or even post-divorce with the assistance of a Parenting Coordinator or High
Conflict Case Manager.
While resources would have to be found for the leftover costs, these costs would almost certainly be lower than having to pay an entire team of professionals, or having these high -
conflict cases take up courtroom resources for comparatively much longer stretches of time before resolution.
In high
conflict cases where parents don't see eye to eye, where litigation is used, no matter what plan is ordered one of the parents is likely to be unhappy with it.
Collaborative law can be an effective way to handle high -
conflict cases of separation and divorce, including those involving domestic violence and substance abuse, says Toronto family lawyer Elinor Shinehoft.
§ 3.2 The combined body of
conflicts case law on both sides of the border supports the proposition that judges look for reasons to apply home forum law whenever they can.
Parenting coordination is appropriate for high
conflict cases dealing with child - related issues, such as when
Eldercaring coordination provides an alternative dispute resolution process specifically for high
conflict cases involving issues related to care of needs with the elderly.
This is great in itself but we are also seeing a significant increase in
high conflict cases which would usually have gone straight to the CMS, some of whom qualify for legal aid and free mediation but many of whom do not.
Due to numerous FB pages, legislation, sites and support groups addressing parental concerns in custody, divorce, and especially high -
conflict cases, we may surmise an exception to this social rule.
She has been appointed as a guardian ad litem by the Probate and Family Court and regularly serves as parent coordinator in high
conflict cases.
So there's a really good chance even in a high -
conflict case that it's gonna get resolved by agreement.
And about a third of my cases are high -
conflict cases and people mostly reach an agreement.
There is, in other words, no structure in which, for example,
the conflicting cases can perhaps be seen in a broader context and understood.
Phrases with «conflict cases»