Di-cu-t-07
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Will I have to go to court to get interim custody of my children?
Interim custody is almost always done by an application before a judge using affidavits. It is very rare for a judge to hear from witnesses when deciding interim custody. You should be warned, though, that an application for interim custody may not be easy. You, through your lawyer, must give notice to your spouse of your application for interim custody and give your spouse and his or her lawyer a chance to respond. You need to consult carefully with your lawyer before beginning a court application for interim custody, so that you understand all of the possible consequences.
Many lawyers who practise in the area of family law, now practise 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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