10 Critical Mistakes in Family Court
Family court and child protection cases have high stakes. These mistakes can cost you custody, access to your children, or thousands in legal fees. Learn what to avoid and how to succeed.
Last reviewed: 2026-04-26T00:00:00Z
Family Court Mistakes to Avoid
Filing Incomplete or Incorrect Documents
Missing information, wrong forms, or unsigned documents delay your case by weeks or months
Court rejects your filing, hearing dates get postponed, other party gains advantage
Use court-approved checklists, review every field, get documents reviewed before filing
- Download the correct form version from official court website
- Complete ALL mandatory fields (marked with *)
- Attach required supporting documents
- Sign and date where indicated
- Make copies for yourself and other parties
Missing Critical Deadlines
Family law has strict timelines - missing them can end your case or limit available remedies
Lose right to respond, default judgment entered against you, case dismissed
Create deadline tracking system immediately upon receiving any court document
- Answer to Application: 30 days after service, 60 days if served outside Canada or the United States (r. 10(1)-(2))
- Financial Statement: Within timeline set by court (usually 30 days)
- Motion materials: Served at least 4 days before motion date
- Appeal deadline: 30 days from order/judgment
- Set reminders 7 days before each deadline
Not Protecting Children's Best Interests
Courts prioritize children's wellbeing above all else - failing to demonstrate this focus hurts your case
Lose custody/access rights, reduced parenting time, mandatory supervision orders
Every decision and argument must center on child's needs, stability, and safety
- Never badmouth other parent in front of children or in documents
- Maintain consistent routines and schedules
- Document your involvement in child's life (school, activities, medical)
- Show willingness to co-parent and communicate
- Prioritize child's existing relationships and community ties
Poor Communication with Other Party
Hostile, aggressive, or no communication creates negative impression and wastes court resources
Judge views you as uncooperative, increased legal costs, orders against you
Keep ALL communication respectful, in writing, and focused on children/issues
- Use email or parenting apps (OurFamilyWizard, TalkingParents)
- Never text or call in anger - wait 24 hours
- Keep messages brief, factual, and child-focused
- Save all communications as evidence
- Consider using lawyer or mediator for difficult conversations
Failing to Disclose Financial Information
Family law requires FULL financial disclosure - hiding assets or income is serious
Contempt of court charges, costs against you, case reopened later, criminal charges
Provide complete, accurate, and timely financial disclosure with supporting documents
- Complete your financial statement accurately: Form 13 for a support claim, or Form 13.1 if property or exclusive possession of the matrimonial home is claimed (Family Law Rules, r. 13(1.1)–(1.2))
- Include: T4s, NOAs, pay stubs, bank statements (3 months)
- List ALL assets, debts, income sources
- Update if circumstances change significantly
- Keep copies of everything you disclose
Not Following Existing Court Orders
Violating court orders is contempt of court - judges take this extremely seriously
Fines up to $5,000, jail time, losing credibility with court, varied orders
Follow every order exactly as written, even if you disagree - seek variation if needed
- Read orders carefully and note all requirements
- If order is unclear, ask lawyer or court clerk for clarification
- Document compliance (payment receipts, exchange logs)
- Never self-help or decide order doesn't apply
- Bring variation motion if order is unworkable
Bringing Children to Court or Involving Them
Children should never be exposed to parental conflict or court proceedings
Judge questions your judgment, negative impact on custody decision, traumatized children
Arrange childcare, never discuss case with children, shield them from conflict
- Never bring children to courthouse unless subpoenaed
- Don't ask children to take sides or relay messages
- Never discuss case details, hearings, or other parent with them
- Don't let children see court documents
- Maintain normal routines and reassure children
Not Attempting Alternative Dispute Resolution
Courts strongly prefer mediation/arbitration before litigation - refusing looks bad
Costs orders against you, delayed resolution, judge's disapproval, wasted money
Participate in mediation in good faith, document reasonable settlement offers
- Attend mandatory information sessions (MIP)
- Try mediation before bringing motions
- Consider collaborative family law
- Make reasonable settlement proposals in writing
- Document other party's refusal to mediate (if applicable)
Over-Using Motions and Court Resources
Filing unnecessary motions wastes court time and money - judges notice and penalize this
Costs awards against you, judge loses patience, future motions viewed skeptically
Only bring necessary motions, try to resolve issues through communication first
- Ask: Is this motion absolutely necessary?
- Try direct communication or lawyer letters first
- Bundle multiple issues into one motion when possible
- Follow proper motion procedures (forms, timelines, service)
- Be prepared and brief at motion hearings
Not Preparing Properly for Court
Showing up unprepared shows disrespect to court and undermines your credibility
Adjournments (with costs against you), missed opportunities, poor outcomes
Prepare thoroughly: organize evidence, practice testimony, know your case
- Review all documents and orders before hearing
- Prepare exhibit book with tabs
- Practice what you'll say (briefly, clearly)
- Arrive 30 minutes early
- Dress appropriately (business attire)
- Bring extra copies of all documents
- Know the facts, dates, and amounts in your case
Child Protection (CAS) Mistakes
Not Taking CAS Involvement Seriously
CRITICAL RISKTreating CAS visits or concerns casually can result in children being removed from your care
- Attend all meetings and visits
- Follow service plans exactly
- Complete required programs/assessments
- Maintain clean, safe home environment
- Get legal representation immediately
Failing to Address Underlying Issues
HIGH RISKNot addressing substance abuse, mental health, domestic violence, or housing issues
- Enroll in counseling/treatment programs
- Attend regularly and get completion certificates
- Document your progress
- Show understanding of risks to children
- Demonstrate sustainable changes
Poor Communication with CAS Workers
HIGH RISKBeing hostile, uncooperative, or dishonest with child protection workers
- Return calls and emails promptly
- Be honest about challenges
- Ask questions if you don't understand
- Keep calm even when frustrated
- Put agreements in writing
Not Understanding Your Rights
MEDIUM RISKAgreeing to things you shouldn't or not knowing you can challenge findings
- Get lawyer immediately (duty counsel or legal aid)
- Know your right to challenge findings
- Understand service plan requirements
- Ask for reasonable modifications
- Document everything
Quick Reference: Do's and Don'ts
DO These Things
- ✓ Keep all communication in writing
- ✓ Document everything with dates/times
- ✓ Follow court orders exactly
- ✓ Put children's needs first always
- ✓ Be respectful in all communications
- ✓ Attend all court dates prepared
- ✓ Provide full financial disclosure
- ✓ Try mediation before motions
- ✓ Get legal advice early
- ✓ Stay calm and professional
DON'T Do These Things
- ✗ Badmouth other parent to/around children
- ✗ Use children as messengers
- ✗ Violate court orders
- ✗ Hide assets or income
- ✗ Miss deadlines
- ✗ Bring children to court
- ✗ Text/call other party in anger
- ✗ Refuse to communicate reasonably
- ✗ File unnecessary motions
- ✗ Show up to court unprepared
Get Help With Your Family Court Case
Quorex can help you prepare forms, organize evidence, track deadlines, and understand court procedures for family law matters.
Questions? Email [email protected]