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| Leanne Townsend |
However, while this development may seem promising, it is unlikely to significantly impact the core issues SRLs face, as the services authorized under the FLSP program are too limited in scope to address the broader, more complex challenges that SRLs encounter in family law disputes.
Under the FLSP program, paralegals can now offer assistance in specific areas, including preparing applications for name changes, filing domestic contracts and assisting with the simplest motions to change child support. While these services can certainly be beneficial, they represent only a small fraction of the many legal hurdles SRLs face in family law proceedings.
Regarding name changes, paralegals can help with the legal process of changing names. However, name changes are typically not an issue in most family law disputes, especially those involving contentious separations or divorces. While helpful, this service does little to address the broader legal challenges SRLs face.
Regarding domestic contracts, the ability for paralegals to assist with preparing and filing domestic contracts, such as cohabitation agreements or marriage contracts, is useful in specific situations. However, very few family law matters involve these types of agreements, and many SRLs will not find this service applicable to their case.
Regarding child support variations, paralegals are now authorized to represent clients in motions to change child support, which can be helpful — so long as they are the most simple and straightforward. However, child support motions are often fact-intensive, document-heavy and require a deeper understanding of earnings history, financial disclosure, tax matters, intentional unemployment and underemployment and s. 19 of the Child Support Guidelines for the imputation of income. In cases involving contested motions or more complex financial arrangements, the limited expertise that paralegals can offer under the FLSP program is insufficient to provide SRLs with the support they need.
The primary difficulty faced by SRLs in family law cases is not the preparation of simple forms or the filing of easy motions. Rather, it is the overwhelming complexity of navigating the family court system, managing emotional and legal challenges and addressing high-stakes issues such as parenting disputes, spousal support and the division of property. SRLs often struggle to understand legal procedures, meet deadlines and argue their cases effectively without legal representation.
Paralegals, while a more affordable alternative to lawyers, are still limited in their ability to provide comprehensive legal guidance. The FLSP program focuses primarily on specific, procedural tasks, such as filing simple paperwork or handling minor motions. These tasks, while helpful in some cases, do not address the critical issues at the heart of many family law disputes. As a result, SRLs will still find themselves navigating the complexities of family law with minimal assistance on the most important matters.
The core issue for SRLs is access to full legal representation and advice. Family law requires in-depth expertise to manage not only legal procedures but also the emotional and relational challenges that often accompany parenting and financial disputes.
Paralegals, under the FLSP program, are not authorized to provide the comprehensive legal advice necessary to navigate such complex family law matters. They cannot represent clients in such contentious aspects of family law. This continues to create a barrier to justice for SRLs who need affordable, full-spectrum legal advice.
While the expansion of paralegal services under the FLSP program is a step in the right direction, it is not a comprehensive solution for SRLs in family law cases. The limited scope of services available under the program means that paralegals will be unable to address the most pressing needs of SRLs, who often require full legal representation and advice to navigate complex family law matters.
To truly address the access to justice issue for SRLs, more significant reforms are needed — ones that go beyond expanding paralegal duties and focus on providing affordable, comprehensive legal representation across the spectrum of family law issues. Until such reforms are made, the expanded paralegal services under the FLSP program will remain a helpful but insufficient resource for those who need it most.
Leanne Townsend, B.A., B.Ed., LLB., is a senior divorce lawyer at Benmor Family Law Group, a boutique matrimonial law firm in downtown Toronto. She has vast legal experience from her many prominent positions including over 16 years as an Assistant Crown Attorney, as the Domestic Violence Co-Lead, as a family law partner at a prestigious Bay Street law firm and as the founder of Townsend Family Law before joining Benmor Family Law Group. She is passionate about helping victims of domestic violence and is a sought-after divorce lawyer, speaker, educator and strategic adviser on marriage, divorce, family violence and high-net-worth clients. You can find her C.V. at Leanne-Townsend. She can be reached at leanne@benmor.com.
The opinions expressed are those of the author and do not reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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