What is the effect of a Family Law Order requiring the parties to stand trial for the next two years of their relationship?
British Columbia, Canada
The following excerpt is from Madden v. Dahl, 2013 BCSC 1541 (CanLII):
The other difficulty with the order is that after the two alternating years, the parties were to return for another trial if they could not agree what was to happen beyond that. That did not provide for the finality that the children and the parties need. In fact, it is that finality which underlies the strong deference given to trial decisions in family law cases: Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518 at para. 12.
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