Author: Taryn Moore

Taryn is a partner at Pushor Mitchell and a member of the Family Law Group. Taryn provides general family law services and is an experienced Collaborative Family Law practitioner. Her…

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The Supreme Court of Canada released its written decision in the case of Michel v. Graydon. This was a case that involved the interpretation and application of section 152 of the Family Law Act.
Couples often experience significant change when their kids move out, and they retire or head towards retirement.

If you have read any of my articles over the past two years or the articles of my colleagues over the same period, there is little doubt that you have heard us describe the changes to family law under the Family Law Act.

When a couple separates, there often is a plethora of uncertainties to deal with, financial, emotional and practical. Where a child (or children) will reside and with whom is top of the mind for parents when separating.

It has been almost three years since I wrote Family Law Christmas and it is the article about which I get the most comments from my clients. With that in mind, I thought it time to write another pre-emptive article with the same theme.

The Tax Court of Canada rendered an interesting decision on March 4, 2011 in the case of Hovasse v. R , 2011 TCC 143. The case dealt with an appeal from an ex husband to the Tax Court following CRA’s rejection of his ability to claim the entirety of his spousal support payments over a year to his ex-spouse.

As discussed in several of our department’s article since the summer of 2010, the provincial government of British Columbia released the White Paper on Family Relations Act Reform: Proposals for a new Family Law Act (the “Family Law Act”). As discussed, the Family Law Department at Pushor Mitchell wishes to produce a series of Legal Alert Articles outlining various parts of the Family Law Act that we believe are interesting and significant.

Further to my article in July of 2010, the provincial government of British Columbia released the White Paper on Family Relations Act Reform: Proposals for a new Family Law Act (the “Family Law Act”). As discussed, the Family Law Department at Pushor Mitchell is going to produce a series of Legal Alert Articles outlining various parts of the Family Law Act that we believe are interesting and significant. This will by no means be an exhaustive review of all of the provisions of the Family Law Act, but rather a brief description of some of the proposed changes.

On July 19, 2010, the provincial government of British Columbia released the White Paper on Family Relations Act Reform: Proposals for a new Family Law Act.

This comprehensive document outlines the outcome of the province’s review of its legislation relating to family law, respecting both married and unmarried couples. The Family Relations Act is the current provincial statute that addresses issues of custody, guardianship, access, child support, spousal support and asset and pension division, among other issues.

On July 1, 2010, the new British Columbia Supreme Court Family Law Rules (the “Family Law Rules”) come into effect. It is the first time where a family law proceeding is governed by its own complete code – that is to say these rules are restricted to family law procedures exclusively.

The Family Law Rules coincide with the Supreme Court Civil Rules which come into force on July 1st as well and will mark a substantial procedural change for civil claims brought in the Supreme Court of British Columbia..

The Court of Appeal of British Columbia recently clarified the law and procedure surrounding when the British Columbia Court will take jurisdiction of a case where one parent removes a child who was cared for by both his or her parents and takes the child to another jurisdiction and commences a court proceeding in the new jurisdiction.

About Legal Alert

Pushor Mitchell’s “Legal Alert Blog” evolved from our long-running “Legal Alert” client newsletter. Here, we share news our clients need to know, such as changes to the law, major case decisions, industry trends, and other legal issues that affect people and organizations in B.C. Occasionally, we also share firm news and announcements, as well as stories about our involvement with community groups throughout the Okanagan.

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