Going to Court does not mean you will be going to Trial. In fact, a case could be made that Family Court’s whole raison d’être is to help you avoid Trial. In Ontario, less than 1% of Family Law cases go all the way to Trial. You do not want to be part of that 1%.

Fair warning. It’s a wearying slog to the courthouse.  Be prepared for the journey, from first step to last, to take anywhere from several months to two years.  If your situation is complicated, or you and your spouse are adversarial, or sometimes just because of court delays, it may well take much longer.

Maybe you and your ex are walking out of your marriage with no hard feelings or bruised egos. Maybe you still get along well and can put old grievances aside.  Maybe talking to your ex doesn’t twist your stomach into knots and send your blood pressure through the roof.

 Maybe, but probably not.

The marriage is over. You want out, your spouse wants out, but neither of you wants your issues to rain all over the kids. The thought of your four-year-old in a court room answering questions from a judge makes you cringe. The idea of some stranger interrogating your ten-year-old, asking him/her to choose between you doesn’t sit well either.

But would that happen? If you go to court will your children have to appear before a judge?