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Category: Family Law

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Imputing Income For Child Support in BC

Child support is one of the most important aspects of any separation or divorce, as it ensures that the children’s needs are met financially. However, determining the appropriate amount of child support can be complex and often requires the court to impute income to one or both parents. In this article, we will explore the […]
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Does a Stepparent Have to Pay Child Support in BC?

When it comes to child support, many people assume that only biological parents are responsible for financially supporting their children. However, the laws surrounding child support can be complex, and in some cases, step-parents may also be held responsible for providing financial support. In this article, we will explore the laws and guidelines surrounding step-parent […]

Spousal Rights After Death in BC

BC’s Family Law Act provides that, upon separation, each spouse has a right to an undivided half interest in all family property as a tenant in common, and is equally responsible for family debt. What happens if a spouse dies after separation but before family property issues have been settled? Does the deceased spouse’s claim […]
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Are You Entitled To Spousal Support in BC?

When your marriage comes to an end, are you entitled to spousal support? The answer depends on whether you can establish an entitlement to spousal support on one of the three recognized grounds: Contractual (g. a marriage agreement); Compensatory; and Non-compensatory (also referred to as “needs-based”) The basis for spousal support – contractual, compensatory, needs-based, […]
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Child Custody When Parents Live in Different Countries

In international child custody matters, the “habitual residence” of the child is a critical factor in determining whether there has been wrongful removal or retention of a child in another country. The Hague Convention on the Civil Aspects of International Child Abduction (which has the force of law in BC pursuant to section 80 of BC’s Family […]

Court Rejects Daughters’ Claim that Dad and Stepmom Separated Prior to his Death

If spouses separate before one of them dies, there is a right to property division under the Family Law Act at the instance of either the surviving spouse or the deceased spouse’s estate. In Malecek v. Leiren, 2021 BCSC 1052, there was a dispute about whether spouses were separated at the time of the husband’s […]

No Order for Production of Wife’s Computer Hard Drive in High Conflict BC Family Law Case

Non-disclosure has been described as “the cancer of matrimonial property litigation.” It discourages settlement, increases the time and expense of litigation, and may deprive children of proper support. The prolonged stress of unnecessary battle to obtain disclosure may lead a weary and drained former spouse simply to give up and walk away with only a […]
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BC Court Recognizes Third Legal Parent in Polyamorous Relationship

Olivia, Eliza, Bill, and Clarke are a family made up of three parents and one son. Their family makeup brought them before the BC court, seeking a parentage declaration in the context of their polyamorous relationship. As BC’s Family Law Act does not adequately provide for polyamorous families in the context of parentage, the court […]
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“Reprehensible” Conduct in Family Law Case Draws Over $1.2 Million Costs Award

A wealthy businessman adopted a battle plan designed to punish his estranged wife on multiple fronts in protracted Vancouver family litigation. The BC court found that the husband’s conduct amounted to use of his superior resources in an attempt to wear down his wife. His “litigation war” strategy and the unsustainable positions he took throughout […]
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Ex-Wife Entitled to $250,000 Life Insurance as Promised in Separation Agreement

Life insurance provisions are often included in separation agreements as security for spousal support or child support. The terms of the separation agreement will require one spouse to carry life insurance in a particular amount, and typically require the irrevocable designation of the children or ex-spouse as the beneficiaries. Failure to comply with a life […]
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