Law360 Canada (August 31, 2026, 2:17 PM EDT) --

Vanessa Lam

This past July, the Ontario Bar Association’s family law section executive held its annual planning and insights meeting to help prepare for the year ahead. One of the questions we were asked was: What issues keep you up at night? As someone who has struggled with insomnia for basically my entire adult life, this wasn’t a straightforward question. But it did get me thinking about some of the serious challenges facing family lawyers today. This is not my typical research-heavy article. Instead, I wanted to share some of my reflections on my top three issues.

Although I no longer work in traditional practice directly serving clients going through the stress of separation, I have a unique vantage point grounded in my own experience and listening to my colleagues’ experiences. In working mostly for other family law lawyers, I hear from colleagues across Ontario, who manage firms of all sizes, serve diverse client bases and span a range of seniorities. While their practices vary, they all face these common challenges, in their own unique ways. Here are some common challenges:

1. The evolving impacts of Ahluwalia

My colleagues face immediate, practical questions about the impact of Ahluwalia v. Ahluwalia, 2026 SCC 16, and the Supreme Court of Canada’s decision to recognize the tort of intimate partner violence (IPV). The legal framework of IPV, coercive control and litigation abuse is already reshaping day-to-day practice, influencing how claims proceed in court, and whether and how they settle out of court. My co-worker, Kayleigh Pink, has written about some of these implications in a previous blog post, which also links to a tip sheet from Joanna Radboard: A New Legal Era: How the New Tort of IPV is Already Impacting the Practice of Family Law.

As with any major legal shift, there is a period of unpredictability as to how changes will unfold. We saw a similar transition after the concept of a “joint family venture” was introduced by the Supreme Court of Canada’s 2011 unjust enrichment decision of Kerr v. Baranow, 2011 SCC 10.

However, change can be a positive step. Educating members of the justice system on IPV, including on harmful myths surrounding IPV, will help us handle these sensitive cases with a more compassionate, trauma-informed approach.

Case law and practice will continue to evolve, guiding the family law bar on how to appropriately address IPV concerns from both a tort and evidentiary perspective, as well as how these issues will spill into other areas of family law. A few key recent developments include:

• New defence for foreign divorces: The court recently recognized a new defence to recognizing a foreign divorce based on intimate partner violence in Amerakoon v. Widyalankara, 2026 ONSC 4428, at para. 388, per Justice John Alexander Finlayson.
• Urgency and coercive control: Courts have examined how urgency (permitting a motion prior to a case conference) may potentially be established in light of credible allegations of coercive control, how a power imbalance can impair meaningful negotiation, and when delay itself risks harm: see Abu Kibash v. Gamal, 2026 ONSC 2969, at paras. 16-27, per Associate Justice Imran Kamal; discussed in Gomez Duque v. Sanchez Hurtado, 2026 ONSC 3744, at paras. 5-10, per Justice Breithaupt Smith; and in Titus v. Newell, 2026 ONSC 3932, at paras. 11-22, per Justice S. James Mountford.
• Poor litigation behaviour: The case law on vexatious litigants and litigation abuse have drawn upon Ahluwalia’s recognition that abusers frequently use the court process to abuse their ex-partners. For more details, see my previous blog post: Bad Behaviour: Ontario Updates on Vexatious Litigants and Litigation Abuse.

The Criminal Code has also been amended by Bill C-16 (the Protecting Victims Act) and Bill C-225 (An Act to amend the Criminal Code, also known as Bailey’s Law), with new coercive control provisions coming into force up to two years following royal assent (received in June 2026).

2. Generative AI and the future of legal training

Generative AI and the rapid pace of technological innovation are reshaping every sector, including family law. However, I am particularly concerned about how this shift will impact more junior lawyers.

New calls face a steep learning curve. Historically, legal training has built on foundational skills, such as reading and analyzing statutes, researching case law, and digesting large volumes of written material to solve problems based on the unique client facts.

Without these foundational skills, it is incredibly difficult to prompt generative AI competently, and analyze it outputs critically. While newer lawyers are already relying on AI to review documents, conduct research and draft text in ways that were previously impossible, the long-term impact of this shift remains unknown.

Many members of the family law bar have commented on a decline in mentorship, as well as the negative impact of virtual proceedings on collegiality and civility. Having worked remotely even before COVID-19, and now running a fully remote firm, I fully appreciate the benefits of virtual technology. Nevertheless, I worry that AI will have a disproportionately negative impact on younger lawyers, particularly those who lack access to strong mentorship.

Further, regardless of year of call, we are also all encountering clients who are increasingly using AI themselves. Their AI use often impacts their understanding (or misunderstanding) of how the law might apply to their specific circumstances, creating new challenges for managing client expectations.

3. Systemic delays and historic underfunding

Systemic delay is extraordinarily problematic, particularly in certain areas of the province. The saying “justice delayed is justice denied” is acutely felt in family court. Under the weight of prolonged litigation, one or both parties often run out of money to retain counsel. This situation may be due to litigation abuse by one party, or simply the result of the typical financial strain of supporting two households instead of one. Children may age out of being children before a court can make a final order.

We cannot resolve delays without proper funding. Families are bearing the brunt of decades of historic underfunding of the justice system. A well-functioning system needs adequate funding for judges, court staff, modern technology, legal aid, and out-of-court resources such as mediation and Family Law Information Centres (FLICs).

While I strongly support out-of-court resolutions wherever possible, only the courts have the authority to deal with certain issues (e.g., a restraining order to protect a vulnerable spouse, compliance concerns).

In addition, I also worry about the direction of legislative reform and broader policy decisions being made without robust family law research and data, including large-scale quantitative studies. Collecting this data, of course, also requires funding.

What can we do? A few suggestions that have helped me stay in family law

While it may seem ironic for someone who left traditional practice to offer advice, I believe these challenges require our collective action and listening to all stakeholders in the family justice system (including the families we are trying to serve). We need to retain family law lawyers, particularly in underserved areas of the province. I see too many excellent lawyers leaving family law or litigation because of the intense pressures of practice.

Keep learning the law and make friends

Ontario lawyers are fortunate to have many excellent CPD providers to help us stay on top of the newest developments. Beyond attending formal programs to hone your substantive knowledge and skills, I also highly encourage you to seek out more informal networking opportunities. These spaces can be in-person or virtual. Anything that allows you to build genuine connections and friendships.

This past July, I was fortunate to attend the National Family Law Program (NFLP) in Kelowna, B.C. I cannot recommend the program enough. It happens every two years. The best way I can describe the NFLP is as “summer camp for family lawyers.” It brings together outstanding speakers from across Canada to cover a diverse range of topics, offering attendees several topics to choose from for most sessions, along with a good mix of social networking events and downtime built in to explore the host city.

I really appreciate these knowledge-sharing opportunities, and the chance to get to know my colleagues away from individual files. We really are a fascinating and dedicated group.

The risk of burnout in family law is real. I think a powerful protective factor is building a support network — surrounding yourself with people who will encourage your growth and value you as a human being first, and not just for what you can do as a lawyer. This definitely does not mean your network should only be family lawyers. But having trusted colleagues with whom you can talk to (including venting) can make a real difference. The profession will only get benefit if we can share knowledge, support one another and practice a little more kindness.

Develop AI competency along with discernment and human-centric skills

Generative AI is here to stay, and we have to deal with it now. Not at some future date. If you haven’t already, consider drafting an external AI use statement to let clients know how AI is integrated into your work, alongside an internal AI policy to provide staff with clear guidance on what is and isn’t permitted. Because this technology evolves rapidly, these will need to be regularly reviewed and updated.

Responsible AI use still requires a high level of human discernment and professional judgment. In family law, strong client service and communication skills are essential to building trust with your client, especially when they have been misled by AI.

Family law cases are never just about cold, hard facts or the bottom line from a financial or business perspective. They represent deeply personal, multi-faceted legal and emotional realities that impact whether a particular result is fair, realistic and sustainable for the parties and their children. Navigating these complexities requires a high degree of emotional intelligence.

Keep working on these skills in tandem with your technical competencies, leveraging AI’s strengths while remaining acutely aware of its limitations.

Join professional organizations to tackle systemic issues

I know that this is a big ask, especially when we all have many work and non-work commitments and try to have a life outside of law. But if you have any interest in advancing broader policy initiatives — such as improving accessibility, reducing court delays or advocating for proper funding — I encourage you to join a bar organization.

There are lots to chose from, including: the Canadian Bar Association (CBA), Ontario Bar Association (OBA), The Advocates’ Society, the Family Lawyers Association (FLA), your local bar organization, the Association of Family and Conciliation Courts (AFCC), Family Dispute Resolution Institute of Ontario (FDRIO), and the Women’s Law Association of Ontario (WLAO).

My experience has been that you get out what you put in. The more active you are, the more you will reap the benefits of the professional community and working with your colleagues on shared issues.

As Margaret Mead said, “Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.”

Even though change can feel frustratingly slow, I do see it happening. We are now more than five years post-Divorce Act amendments. The culture of family law is steadily evolving to incorporate a deeper awareness of family violence, a more nuanced understanding of how conflict impacts children and families, and a greater respect for and emphasis on out-of-court resolutions. In many ways, it is an exciting time to practice.

Significant developments are still on the horizon, many of them yet to be determined:

• Rule changes: The Family Rules Committee will surely be closely monitoring upcoming changes to the Rules of Civil Procedure slated for later this year and beyond.
• Access to innovation projects: The Law Society of Ontario is seeking feedback on its Access to Innovation (A2I) technology initiatives, which I don’t think enough Ontario lawyers are aware of or engaged with. The A2I program concludes its initial five-year pilot mandate in November 2026.
• Potential Divorce Act changes: Bill C-223 (known as the Keeping Children Safe Act), which proposes major amendments to the Divorce Act, is currently under active study by the Standing Committee on Justice and Human Rights in the House of Commons.

We need a variety of engaged family law voices to help us deal with all of these changes.

And if systemic change still feels out of reach, going back to my first suggestion, at least you can try to make some friends along the way.

Vanessa Lam is a strategic adviser and research lawyer with Lam Family Law. She specializes in providing legal strategy, research, and written advocacy primarily to other family law lawyers in Ontario and select direct appeal clients. Vanessa can be reached at vanessa@lamfamilylaw.ca.

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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