Introduction:
Managing High Conflict Family Law is today’s topic by Peter Graburn, senior family lawyer at Shim Law.
Many experts believe that the single most detrimental factor affecting children whose parents have separated, or are in the process of separating, is a high-conflict breakdown of the parental relationship. For that reason, it is critical for family lawyers to develop both the skill set and the experience necessary to manage high-conflict family law disputes effectively.
Table of Contents
What Is “High Conflict” Family Law?
“High conflict family law.” We hear this phrase often, but what does it actually mean? Are not all family law disputes, by their nature, high conflict? In some sense, yes — but there is conflict, and then there is “high conflict.”
What causes a family law matter to cross that line? Some attribute it to one party having a high-conflict personality; others suggest it takes two parties, sometimes with lawyers inadvertently adding fuel to the fire. Frequently, these cases involve
poor communication, limited problem-solving or decision-making skills, emotional or substance-abuse concerns, or mental-health issues such as narcissism or bipolar disorder. In other cases, people are simply difficult. Whatever the cause, the challenge lies in managing high-conflict family law disputes.
Identifying High Conflict Matters
What distinguishes a truly high-conflict family law matter? Alberta case law does not provide a precise definition. One of the more helpful descriptions comes from an Ontario decision, [Campbell v. Campbell (2017 ONSC 3787)], where the Ontario Superior Court of Justice observed (at para. 62):
“Everyone involved in this matter has acknowledged that this is a high conflict case. The conflict began during the marriage and continued throughout the separation, throughout the trial and afterward. Before the trial, there were approximately 18
motions brought by the father and 7 motions brought by the mother. Motions continued to be brought even after the parties were ordered to bring no further motions without leave…”
While not binding in Alberta, this description is frequently cited for its practical illustration of what “high conflict” looks like in real terms.
Common indicators that a matter may be high conflict include:
- allegations or findings of domestic violence or sexual offences
- involvement of child-welfare authorities
- frequent changes of legal counsel
- repeated and numerous court applications
- prolonged litigation with little substantive resolution
- voluminous and hostile affidavit material (emails, texts, messages)
- ongoing disputes regarding parenting time
Managing High Conflict Family Law Disputes
Once a matter is identified as high conflict, what can be done? Practitioners consistently agree on one core principle: early identification and early intervention are essential.
As early as 2008, Madam Justice M. Trussler emphasized this approach in Managing High Conflict Family Law Cases for the Sake of the Children (La Revue du Barreau Canadien, Vol. 86). The following tools were identified as particularly
effective in high-conflict matters:
- Counselling — for both parents and children, where appropriate. Separation and ongoing conflict can be among the most traumatic experiences in a child’s life, and early support may help mitigate long-term harm.
- Psychological Reports — whether through evaluative or therapeutic interventions (Practice Note 7) or full bilateral assessments (Practice Note 8). Although time-consuming and costly, these reports provide independent professional
insight and help the Court move beyond a “he said – she said” dynamic. - Counsel for the Child — the appointment of independent legal counsel for the child can assist not only in presenting the child’s voice, but also in ensuring the Court has all necessary evidence to determine the child’s best interests.
- Case Management — assigning a single Justice early in the proceedings to manage all applications in the matter promotes continuity, efficiency, and informed decision-making.
- Parenting Coordination — a form of alternative dispute resolution in which a Parenting Coordinator assists parents with day-to-day parenting decisions. While voluntary, this process is often faster and more cost-effective than repeated court appearances.
Final Observations
High-conflict family law cases are becoming increasingly common in Alberta and across Canada. While there is no precise legal definition of what constitutes “high conflict,” the recommended response is clear: early identification, early intervention, and a coordinated, interdisciplinary approach.
This approach often requires collaboration among lawyers, judges, counsellors, psychologists, parenting coordinators, and other professionals — all with the aim of determining and protecting the best interests of the child. As Madam Justice Trussler observed (at p. 528):
“The sooner high conflict cases are identified, the better. They need to be segregated and treated differently from normal cases… Members of the legal profession have a responsibility to give special attention to these cases… Lawyers have a special responsibility to the children in these cases and should not blindly follow their clients’ instructions.”
Managing high-conflict family law disputes requires experience, judgment, and restraint. When handled properly, early and thoughtful intervention can significantly reduce the long-term impact of parental conflict on children.
