Judge

When I started practising as a lawyer, I was what they called a “generalist”. But with the coming into force of the family patrimony provisions in 1989, I became a specialist in family law and devoted myself to it for the last eight years of my practice. What makes this field of law so interesting is that it brings issues from many other spheres into play: finance, successions, contracts of all kinds, and more. It takes a lot more than good common sense to understand all the rules.

When I was appointed a judge, I felt a great deal of pride, but tinged with a little bit of anxiety. I was conscious of the enormous responsibilities that I would have to assume, but I couldn’t really imagine the magnitude of the job I had to do. Now I wish that there were more than 24 hours in a day! You see, I not only sit in the Family Division but also in the other divisions of the Superior Court: Civil, Administrative, Bankruptcy. Between trials, conferences and continuing education courses, I participate in many committees that try to make improvements to the legal system. I regularly give speeches before different groups and associations. Add to that my deliberation – the time that I have to devote to consider cases that I have heard and to write my judgments – and you can see that my days are full.

My functions vary depending on the circumstances. For example, during a settlement conference I become a facilitator: I try to help people formulate their objectives, clarify the reasons behind their demands and find common ground for the resolution of their disputes. I am conscious of the fact that sitting at a table in my presence might be intimidating for the parties, but, at the same time, this encourages honest discussions and realistic demands, especially since everything that is said during this conference is confidential. The lawyers participate actively at the conference by helping their clients express themselves and by suggesting ways to resolve the case.

When I preside at a hearing, my role is more to ensure that it runs properly and that the proceedings are fair. One of the most difficult aspects of my work happens during trials on child custody: I sometimes have to “choose” between two good parents because of the specifics of their case. Before their separation they exercised parental authority together and I believe that it is important for the children to maintain this link with their parents after separation as well. I therefore take the time to explain to the parents that while I can only award custody to one of them, the other will keep his parental rights. I also make sure to give the non-custodial parent ways to play an active role in the education of the child.

If I have to hear a child’s testimony, I usually ask his parents to leave the courtroom and I have the lawyers take off their robes (I take mine off too), so that the child will feel less intimidated. I realize sometimes that, without actually lying, the child has been strongly influenced by one parent or the other. This shows in his attitude, what he says, his choice of certain words… I take this into account in my decision. In addition to the child’s testimony, I must weigh many other elements, such as his age and maturity. I also have to take into account the parenting abilities of each party, their relative roles in the child’s life when they all lived together and since the breakup, their lifestyles, etc. When the child has his own lawyer, I pay particular attention to the lawyer’s suggestions and recommendations because she has been able to meet the young client and speak with him, often several times.

Family law must adapt to the constant evolution of society. This is a challenge that judges, like everyone else involved, try to meet every day. This fascinating, demanding profession brings me great satisfaction. At the end of a case, I always hope that my decision will be well-received by the parties and that it will allow them to have a good future.