Grandparents and Family Law Litigation

Family law litigation can be a game of financial attrition. It really helps to have deep

pockets or at least have parents that do and are willing to assist with the legal bills. The

game ends when either one party runs out of money and is willing to settle for less or

when both parties realize that they can’t continue the fight or they both will be financially

ruined. Lawyers stop work when they stop being paid. This is no different than any

other professional service such as a counsellor or psychologist. I like to think that most

lawyers do have the best interests of their clients in mind and won’t recommend a

strategy that will lead to financial ruin. However, a lawyer's hands are tied if the other

side keeps dragging the litigation on with the intent to have the other party finally

capitulate when they have run out of money to pay their lawyer. There are remedies to

deal with such situations but those remedies cost further legal funds. So, it becomes a

catch 22. Once you go down the litigation path you can’t get off the Merry-Go-Round

unless both parties agree. Parents of adult litigants who are paying the legal bills for

their adult children, might want to think twice about funding the cost of litigation. The

ex-son-in-law or ex-daughter-in-law may not be so willing to provide contact with

grandchildren if they are forced to go to trial without a lawyer because they can’t afford

one or they must settle for something less than what is fair and reasonable. If parents

of adult litigants really want to help their adult children get through the

separation/divorce then my advice is to help facilitate settlement. Encourage mediation

or collaborative law as the best option for all involved.