The Therapeutic Justice Case Conference (TJCC) is the first substantive court event that takes place after a divorce has been filed. Once both parties have submitted the initial documents, the court schedules the TJCC.
It is conducted when the case is contested, that is, when the parties do not fully agree on issues such as the grounds for divorce, child custody and access, spousal or child maintenance, or division of matrimonial assets.
At this stage, the court convenes the TJCC to establish a tone of cooperation and problem-solving before the matter proceeds further.
During the Therapeutic Justice Case Conference (TJCC)
Tone and conduct
- The judge will explain what is expected: cooperation, respect, and focus on long-term solutions.
- The Court expects parents to prioritise their children’s needs and for parties to avoid unnecessary disputes.
Discussion of key issues
The judge will go through the main matters to be resolved, such as the following:
- Grounds for divorce (how to frame them in the least contentious way);
- Custody, care and control, and access arrangements for children;
- Children’s maintenance (schooling, monthly expenses, special needs);
- Spousal maintenance; and
- Division of matrimonial assets.
Support services
The judge may refer the family to counselling or other support. Since there are children under 21, mediation would be mandatory. However, if the youngest is above 14 years old, the court exercises discretion as to whether counselling should be ordered.
Next steps
The judge will set the date for the next court event i.e.,mediation.
After the Therapeutic Justice Case Conference (TJCC)
Counselling
Follow-up counselling may be scheduled. This is private to the parties (lawyers are not present). The focus is on co-parenting and reaching consensus.
Mediation
If issues remain unsettled, mediation will take place. This is where both sides are expected to make reasonable proposals and try to resolve matters without going to trial.
Exchange of proposals
Parties will be given timelines to exchange updated watered-down proposals on divorce grounds and ancillary matters.
Further court sessions
- There may be more mediations or case conferences.
- If partial agreements are reached, the Court can record them as consent orders.
- If disagreements remain, the case will proceed to a formal hearing before a judge.
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When you contact our matrimonial law team, we will provide you with a consultation, tailored to your specific circumstances and goals in mind.
Our goal is to help you find a resolution that works for you.
