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Do judges always make custody decisions?
No. Most disputes about custody are settled eventually by an agreement worked out by the parents and their lawyers, without going to court. The agreement reached will be presented, along with other matters, to a judge to be included in a judgment for divorce. Very few custody disputes actually end up before a judge to decide.
Many lawyers who practise in the area of family law, now practice Collaborative Family Law. These lawyers endeavour to work together for the good of their clients and to try to make the process less adversarial. For more information on how to find a collaborative family lawyer in your area, contact your provincial Law Society. The Federation of Law Societies of Canada website contains links to provincial law societies.
July 2006
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