Complex cross-border cases need creative solutions — mediation delivers, says Oren Weinberg
This article was produced in partnership with Boulby Weinberg Fishman LLP
When a Bulgarian man arrived in Oren Weinberg’s office with a court order from London, England, the lawyer’s response was, “I’m going to have to look into this a little.”
The dramatic case involved a child who was abducted in the UK and, with falsified birth records, was moved from country to country. Her father, now Weinberg’s client, had finally tracked his daughter and her abductor down: they were currently in Sudbury, On., and he needed help bringing his child home.
While it’s one thing to look up the legal steps to enforce a foreign court order in Ontario, actually executing those steps is far more complex. Ultimately, the case required coordinating with police, social workers, and international authorities to reunite the child with her father and navigate a maze of legal and bureaucratic obstacles to get them back home.
This situation — which Weinberg calls an intense “catch me if you can” escapade — illustrates the interplay between legal complexity and human stakes in the realm of international family matters.
“You have to know what you don’t know and take the time to get the right answer,” Weinberg says, adding that this upfront approach is something he preaches to young lawyers new to the practice area as fundamental to success.
“People come to you with complicated stuff; forget about being book smart, you need to be people smart. These clients are in crisis and they’re turning to you. They care about how confident you make them feel. You need to know the ins and outs of the legal side but also know who you need to call if you don’t know the answer.”
A world of family law issues
A name partner at Boulby Weinberg Fishman LLP, Weinberg’s practice in international family matters is increasingly busy, and he points to Toronto becoming “a hub” as the driver behind it. With people coming from all over the world, whether here temporarily or permanently, many have roots across jurisdictions that require specialized expertise.
Beginning with Weinberg and partner Sarah Boulby becoming fellows of the International Academy of Family Law Lawyers, the global scope of the business grew from there. Now, from a Chinese businessperson working in Canada but maintaining interests back home to an Ontario man marrying a high-net-worth woman from the UK necessitating a marriage contract covering multiple jurisdictions — not to mention the flipside, when a divorce needs to contend with cross-border assets or international child custody — the boutique family law firm has seen it all.
Describing family law as a personal service, “you have to wear many hats,” Weinberg explains, and family law intersects with real estate, tax law, and business concerns domestically, let alone across jurisdictions. It’s imperative to know when you need advice from somebody with more specialized expertise in a specific area, whether within Canada or not.
Thriving on these multi-faceted challenges, Weinberg and his colleagues have built up a reputation that precedes them, establishing a brand that in large part stands on the international component.
The case for mediating more matters
While the litigation side of this work is satisfying, it’s no secret that the court system is often not geared for dealing with the kinds of complex problems that crop up in family law, at least not in an efficient way. It's adversarial, slow, expensive, and makes already emotionally volatile situations worse.
With many moving parts and high stakes, Weinberg believes collaborative solutions are often the best path forward for all participants — especially when it involves children. To that end, Weinberg developed a robust family law mediation practice with an international component.
In a recent case involving a Toronto-based couple, the client’s former spouse was moving back to California with their young children. After resolving the financial aspects, Weinberg mediated what the parenting schedule would look like. His top concern ensuring the children’s relationship with both parents was maintained — even if they wouldn’t be in the home every day.
Working together, the parties created a parenting schedule that included built-in mechanisms to review it over time and allowed for his client to spend meaningful time with his children, monthly and on school breaks.
“If there was greater animosity in the conflict resolution process, the relationship between them would have been irreparable; their marriage didn’t work out, but mediation preserved good faith,” Weinberg says. “This kind of outcome doesn’t always happen in court. By the time you get to the judge at a final hearing and you’ve spent so much money going through all the hoops, you’re too angry.”
If parties can afford to pay professionals to solve problems, Weinberg argues it’s a better use of money to source the legal expertise required to establish that as the backdrop to the negotiation. This approach provides a better outcome for people overall because not only are they more in control, the process also doesn't perpetuate or induce more conflict.
“Unless there’s an issue that can only be settled by a judicial determination — and I would argue those are few and far between — a mediative context is better for everybody,” Weinberg says. “A judge can only do what the law says they can do, but mediation allows creative solutions to complicated problems.”
Fundamentally, practicing family law on an international scale calls for a flexible approach and personality. And that’s what the lawyers at Boulby Weinberg Fishman continuously hone as they cement themselves as the go-to firm for international family law issues.
“Our clients are under tremendous stress and have complicated problems,” Weinberg says. “We have to be the voice of reason, an advocate; we must be tough, and also soft. It’s always a moving target.”
