Going through a separation or divorce or fighting for child custody or child support all means that we will need to deal with the legal system. Most single moms go through the court system at one time or another. You may or may not need legal assistance.

Most importantly though, keep track of everything. Keep notes of conversations with your partner, lawyer, and caseworkers. You may not think you will need these, but they can be very helpful. Record everything.

If you feel you need legal advice but cannot afford to hire a lawyer, you will probably have to go to a legal aid clinic for legal help. This can sometimes be a long process even to speak with a lawyer, there simply aren’t enough resources to provide the amount of legal help required. Legal aid lawyers are somewhat similar to case workers in that some will look down their noses at you, some will act completely bored by your problems and some will genuinely care about your situation and go out of their way to help you. It’s just the luck of the draw. If you find a lawyer is treating you particularly badly, you can complain about her/his conduct with the Barrister’s Society (see address on page 33) or you can ask for a new lawyer. Your lawyer should be able to explain clearly to you every piece of guidance s/he offers. If your lawyer is recommending that you do something you don’t agree with, ask them to explain the logic and reasoning behind their choice. Remember, the lawyer is there to work for you. That is what s/he is getting paid for. So, don’t let her or him intimidate you just because s/he is a lawyer. It may be a good idea to bring a friend with you.
If you need general legal information, there are a few legal information help lines available. (See phone numbers in the Numbers to Know section – see for legal aid numbers as well).
Perhaps it’s not a good idea to completely trust our “justice” system. We have all read about the light sentences men who abuse women seem to get. The “justice” system seems to work against women, particularly those who aren’t rich, politically connected, or white. Some judges have been known to make particularly cruel comments to women. I have had rude comments about my character made by a judge, and I’ve been in courtrooms where I’ve seen and heard the judge make terrible comments about the women in front of them. If this happens to you, remember it’s not your fault. Don’t take it personally. This happens to other women too! If you get the chance, warn other women about this judge, and insist to your lawyer that you do not want to appear in front of that judge again if at all possible. I have several women friends who will not go before a family court judge and they have successfully avoided him to date. If enough of us get together and complain to the Barristers Society and/or the media, we can make changes.
On the other hand, don’t be terrified of being in court. I’ve also been in courtrooms where the judge has been very polite and helpful to the women who have appeared before him or her.
If you decide you need legal aid, be sure and call ahead of time to make an appointment. No legal aid clinic will give legal advice over the phone.

When you go to the legal aid clinic, you will be asked to fill out an application describing your problem and your financial situation. You might be able to talk briefly to a lawyer once you have completed the application. The lawyer will usually determine if you have a legal case or not.

When you go to court, try to dress up a bit. Don’t wear jeans and a t-shirt. In our society (for some reason) dressing like you just came from the office seems to give us more credibility. Remember too, when the judge speaks to you, you must stand up to answer him or her. And s/he will like it if you address her or him as “Your Honour” in most of Nova Scotia. If you are in Halifax or Sydney, it is “My Lord” or “My Lady”. I know, it’s confusing. Most importantly, be yourself, be proud, look the judge straight in the eye. You are there exercising your rights. Don’t be intimidated, listen to your “mama instincts”, your kids are counting on you to be strong.

The Legal Information Society of Nova Scotia and the Nova Scotia Association of Women and the Law have an excellent booklet entitled Understanding the Law: A Guide for Women in Nova Scotia. This is a very detailed publication and is a helpful aid, enabling women to have a basic understanding of their rights under the law. If you are a Mi’kmaq woman, you may also want to get a copy of Mi’kmaq and the Law.

You can get a copy of each by contacting:

THE LEGAL INFORMATION SOCIETY OF NOVA SCOTIA
6080 Young St, Suite 911
Halifax, NS B3K 5L2
454-2198 or 1-800-665-9779

The Women and the Law booklet is free and will also be available at various organizations such as the YWCA, police stations, shelters, transition houses and so on.

For general information about your legal rights, you may also contact Dial-A-Law at 420-1888. Information codes for Dial-A-Law topics can be found in your Yellow Pages phone book.

You can register a complaint against a lawyer or judge by contacting:

NS BARRISTERS' SOCIETY
1645 Granville St, Suite 1101
Halifax, NS B3J 1X3
422-1491

In 2000, a new resource centre called reachAbility, opened in Halifax for Nova Scotians with disabilities. It is a non-profit organization that will provide up to three hours of free legal advice from a lawyer to people with disabilities. Their phone number is 429-5878. See Numbers to Know for their address.