A practical and balanced approach to family litigation

When settlement isn’t possible, Kovacs Family Law is prepared to proceed with strength and clarity.

When litigation proves necessary

Not all family law files are amenable to early settlement. In high-conflict cases, or when one party is unwilling to engage in meaningful negotiation, litigation becomes necessary to move matters forward. In these cases, we are tenacious advocates, providing strategic courtroom representation grounded in decades of legal experience.

We don’t litigate for the sake of it. Needless aggression only drives up legal costs and increases tension between parties—often to the detriment of children and long-term family dynamics. We are firm but fair in our approach, and known for bringing reasoned, efficient and effective arguments to court.

Extensive trial and courtroom experience

Our lead lawyer has conducted countless trials and Chambers applications in the British Columbia Supreme Court. We know the courtroom well—and more important, we know how to prepare our clients for it.

Chambers applications are often necessary to resolve interim issues such as parenting time, support or possession of the family home when no agreement can be reached. While we attempt to resolve these interim issues without going to court, that’s not always possible. When litigation is the only path forward, we pursue it with clarity, focus, and purpose.

Family litigation FAQ

Kovacs Family Law ensures your separation agreement aligns with the Family Law Act and protects your long-term interests. At Kovacs Family Law, we guide you through the process:

When is litigation necessary?

Litigation may be required in cases involving:

  • High-conflict parenting or custody disputes
  • Allegations of family violence or safety concerns
  • Complex financial or property division issues
  • Repeated non-compliance with agreements or court orders
  • Urgent matters requiring court intervention

We help clients assess whether litigation is the right next step and ensure they are prepared for what lies ahead.

Do all family law disputes go to trial?

No. In fact, most family law matters are resolved outside of court through negotiation, mediation or collaborative processes. At Kovacs Family Law, we pursue resolution first—but are fully prepared to go to trial when necessary.

What is a Chambers application?

A Chambers application is a court proceeding used to resolve interim or procedural issues before a full trial. These can include urgent matters such as parenting time, child or spousal support, or exclusive use of the family home. Chambers hearings are typically shorter and based on affidavits rather than live testimony.

When should I consider litigation over mediation?

Litigation may be necessary when:

  • The other party is uncooperative or refuses to disclose financial information
  • There are serious concerns about a child’s wellbeing
  • There is a history of abuse or power imbalance
  • A legal precedent or firm ruling is required

If mediation has been attempted and failed—or isn’t appropriate given the circumstances—we will help you pursue litigation with a strategic, well-prepared approach.

Is going to court always more expensive?

Litigation often involves more time and legal steps, which can increase costs. However, when resolution is not possible through other means, litigation may be the most effective way to reach a fair outcome and move forward. We avoid unnecessary court applications and always consider the cost-benefit of each step we take.

How long does family litigation usually take?

The timeline depends on the complexity of your case, the court’s availability, and whether interim matters need to be addressed first. While some cases may resolve after a few court appearances, others may require several months or even years if they proceed to trial. We provide clear guidance on expected timelines early in the process.