Category: Family Law
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Minor Child Not Permitted to have Counsel to Advocate Against Disfavoured Parent
The Court of Appeal, in J.E.S.D. v. Y.E.P. 2018 BCCA 286, found that a 17 year old child who had persistently refused any contact with her father was not entitled to her own lawyer to argue for her own desired outcome in a hearing in court about parenting time. The panel found that the Family […]
Using Unjust Enrichment to Rebut Presumption of Joint Tenants’ Equal Interest
In Suen v. Suen, 2016 BCCA 107, the Court of Appeal for British Columbia applied the doctrine of unjust enrichment in the context of a complex family dynamic. The litigation was commenced to determine beneficial entitlement of a father and his adult son to a home they held as joint tenants. I recently discussed the concept of […]
Family Law and Revenge Porn: What To Do If You Are A Victim
Imagine you have been in an intimate and trusting relationship and then find that your partner has made private pictures or videos of you publicly available – what do you do if you are a victim of revenge porn? If you are a victim of revenge porn, is there a way to stop it or […]
Legal Test of “Best Interests of the Child” is the Only Consideration
Short answer: Under section 37 of BC’s Family Law Act, the best interests of the child is the only consideration in any parenting decision. Section 37(2) lists the factors a court must weigh, including the child’s health and well-being, their views, their relationships, the history of care, their need for stability, and any family violence. […]
BC Divorce Law: Parenting Coordinators Offer New Approach to Child Custody in Divorces
In BC, a parenting coordinator is a trained professional who helps high-conflict separated parents resolve day-to-day disputes about their children. Authorized by the Family Law Act, a coordinator carries out an existing agreement or order, keeping recurring parenting conflicts out of court. The role of a parenting coordinator is relatively new to BC divorce law. […]
Do Grandparents Have Visitation Rights in BC? Parental Authority and Grandparent Access
DISCLAIMER: THE SHORT ANSWER TO THIS QUESTION IS NO. PLEASE DO NOT CONTACT OUR FAMILY LAW FIRM REGARDING THIS MATTER. PLEASE KEEP READING BELOW FOR MORE INFORMATION. Do grandparents have rights in BC? For example, are grandparents in BC able to get a court order for access to their grandchildren? The answer is no. In […]
Legal Consequences of BC Parenting Order Issues: Failure to Abide by Access Order
A BC parenting order can deal with family law matters such as access and contact with a child. But what are the consequences for failure to comply with a BC parenting order? For example, what if one parent continually thwarts the other parent’s access and time with the child? If a BC parenting order is not […]
Child Custody When Parents Live In Different Countries: Jurisdiction of the Court
It can be challenging to obtain an order for child custody when parents live in different countries, particularly where one parent has moved to a new country following breakdown of the marriage. In situations where the court is faced with an application for child custody when parents live in different countries, the court must first […]
International Child Custody: Child’s Habitual Residence & Temporary Stays Abroad
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 […]
International Family Law: What if Spouse Doesn’t Live in Canada?
Child support and custody, spousal support, division of matrimonial property, and divorce can be very complex in international family law matters. The breakdown of the marriage is difficult without the complications of geographical distance, jurisdictional issues, and conflicting foreign laws. For example, if your spouse does not live in Canada, how do you notify your […]