“Lawyers are swords of the century

Words are weapons and I need you to learn how to use them”

The above quote coming from a character played by Kevin Costner in the current television show I am currently binge watching “Yellowstone”.

There is something to be said for an empowering quote such as that above for us Lawyers but in the area of Family Law I’m not too sure this one resonates well in every instance. 

Quite often this is the first place a potential Family Law Client overwhelmed with emotion will go... “To War”.. expecting the Lawyer they retain to sharpen the knives and create the perfect “plan of attack”! 

Unfortunately, this strategy is not one that often gets the results the client is expecting, Quite often the contrary is experienced.  

There are frequently times especially when a child is in need where this strategy will be required however the Counsel you choose should be the one advising you on  whether this tactic is in fact necessary to bring about the result you are looking for or if you would be better served looking at less confrontational measures to achieve a solution. 

The effects of the COVID-19 pandemic on the practice of Family Law have us Lawyers looking deeper into our arsenal of weaponry for problem solving techniques more than ever before and at Feeley O’Brien Law we will offer you creative and alternative solutions. Contact us today for a free 30 minute consultation to discuss your needs. 

“Sunday February 16th 2020

... and we are off! Two weeks in to the new (ad)venture of Feeley O’Brien Law! I am truly overwhelmed at the outpouring of love and support of the last few months especially these last couple of weeks. Between messages, cards, visitors and flowers my cup runneth over.

There are so many people that I need to thank for bringing this to fruition but I want to say a heartfelt thank you to “you”, the current client that has stood by me and the potential client “you” who I look forward to helping navigate your way to finding your true potential, be it on the path to bringing a loved one home from abroad or taking the first step out of a relationship that isn’t working for you any more. 

Contact me today at annesa@feeleyobrienlaw.ca and let’s get working on the first step toward your new adventure!! “

The note above was drafted almost 3 months ago, just 2 weeks after Feeley O’Brien Law opened its doors, a time when Covid-19 was the furthest thing from my mind never mind the effect it would have on our lives, our children’s lives, those of our families and colleagues and those working on the frontline. 

To say that the excitement I felt when writing my little update on my new business in February has remained would be untrue, however, we have learned to adapt and are embracing our new environment even if it is not always in the same four walls where we first started the business! 

As Lawyers we are being forced, basically dragged into the 21st century moving our practices online and trying to be the best Lawyer we can be in a “virtual” setting. I am confident that I can still assist you in your matter with all the resources that I have available to me, including the usual phone and email communication we are now pleased to offer video conference calls and have ensured that all necessary security measures have been put in place to protect your privacy. 

As Seamus Heaney, the Irish poet once said; 

“If we can winter this out. We can summer anywhere”

Contact Feeley O’Brien Law today to take that first step toward your summer.

The opening of a new decade brings with it many reforms to the legislation as it relates to custody and access provisions of children for children of marriages that have ended with separation. 

These long awaited amendments to overhaul legislation that has long been viewed as being archaic is a breath of fresh air for Family Law Counsel. 

The goal is to remove language that has long created conflict for separated families embroiled in disputes about their children. Custody and access will be replaced with language that is more conducive to settlement describing  parents responsibilities to their children to ensure that children are no longer viewed as property of one spouse over another. 

The legislation imposes a duty on parties to attempt participation in alternative forms of dispute resolution(“ADR”) rather than engaging in combative litigation that usually has adverse effects on children being exposed to adult conflict. This will allow parties to communicate more effectively with each other a key requirement in the effective co-parenting is children of separated families.

It is recognized however that it is not a “one size fits all” regime and ADR is not suitable for all families especially those where there is a balance of power or the existence of family violence. 

The Legislation looks to provide more insight and clarification as to determining the factors for what is in the “best interest of your child.” The focus now is similar to the provincial legislative framework looking at other factors to take into account such as the age and stage of development of a child, their views and presences if they can be obtained, their relationship with each parent, the ability of the other parent to encourage and facilitate the child’s relationship with the other parent amongst other things. 

A move to a presumption of shared equal parenting was rejected at the Committee stage. This confirms that parenting regimes for separated families must be tailored to each individual family’s needs and wants. A catch all provision cannot and will not work and it must be dependent on the circumstances of each family. 

The language of quantum of parenting time has been expanded however, such that a new section has been introduced section 16(6), which specifies that in “allocating parenting time, the court shall give effect to the principle that a child should have as much time with each spouse as is consistent with the best interests of the child.”

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Many of these changes do not take effect until July 2020 however at Feeley O’Brien Law we remain committed to providing the appropriate advice based on the legislative framework in place to find a parenting regime that remains in the best interest of your child. Contact us today to discuss these and other changes being made to the legislation and the various options available to you and your family. 

The Federal Government announced on December 30, 2019, that they have suspended the Intake Process for those eligible Canadian citizens or Permanent Residents seeking to apply to sponsor their Parents or Grandparents to Canada. 

This announcement comes just days before the sponsorship Program was due to reopen for the 2020 Intake Process, and will be a cause of concern for interested candidates seeking to reunite with family members given that no further information has been provided about when it is expected the Intake process for the Program will reopen. 

The Intake process for this particular Visa has changed a number of times in the last few years with the “lottery” process first  being replaced by the old “First Come, first Served” process just last year. 

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At Feeley O’Brien Law we remain committed to keeping up to date with all changes to the Immigration system concerning family reunification program. Through our own personal experience of the challenges presented by the Application process we are in the unique position of being able to better serve our clients.  Contact Us today to discuss your available options of reuniting with eligible family members here in Canada.