Archive for the ‘Family Law’ Category
Pushor Mitchell Partner Leneigh Bosdet speaks on podcast about the collaborative practice approach in Family Law.
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The date of separation is when it is clearly made known to the other spouse the relationship is over, and steps are taken in that regard.
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The breakdown of a relationship inevitably triggers a number of issues, both personal and financial, that may require immediate and careful management.
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An old legal sage once pointed out the obvious that a marriage can end in only one of two ways: Divorce or death.
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One of the most formidable tools available to a spouse who is separating from their partner is an interim restraining order from the court.
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Ever since the Family Law Act came into force in British Columbia, the definition and determination of which relationships are considered to be “marriage-like” as set out in the act has become a high stakes endeavor.
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A recent interesting court decision came out last week from the B.C. Supreme Court.
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I recently attended a Continuing Legal Education Society of BC presentation about the significant changes coming to the Provincial Court Family Rules.
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The amendments to the federal Divorce Act came into force March 1, which marked long overdue changes to a piece of legislation that has not been significantly amended in more than 30 years.
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This article is the first in a series about the intersection of family law and estate planning.
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One of the issues that can frequently come up, particularly when couples separate later on in life and when they have higher net worth assets is the question of “double dipping”.
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The McDermott case provides an example where the court in a family law case will order production of communications between lawyer and client despite a claim of solicitor-client privilege.
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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.
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The Canada Child Benefit is a tax-free monthly benefit provided to Canadian low and middle-income families which the Government of Canada introduced in 2016.
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The Child Support Guidelines set the benchmark for calculating income for support purposes. The Guideline’s objectives ensure recipients and payors of support in similar circumstances are treated similarly across Canada.
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The intersection of tax law in the context of divorce or separation is a complicated topic not easily understood.
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If a parent or spouse has an obligation to pay support, and lives in a foreign country that has income tax rates which are significantly different than Canadian income tax rates then the Court will consider a number of factors when converting the foreign income to Canadian dollars.
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Recently, the BC Supreme Court came out with a case that deals with the question of the impact of retirement on spousal support and clarifying what is considered early retirement.
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A Judicial Case Conference is usually the first step in a family law case after you have filed your claim.
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Collaborative Family Law (CFL), is a client controlled, out-of-court process utilizing collaboratively trained professionals like lawyers, divorce coaches, financial planners, and child specialists to help spouses achieve mutually acceptable solutions to issues arising when they separate.
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If you receive child or spousal support, and you spent money obtaining a court order to get child or spousal support then the money spent to get the order may be tax-deductible.
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Unbundled services or a limited scope retainer is when a client retains a lawyer on a part-time basis or for only part of their case.
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Couples often experience significant change when their kids move out, and they retire or head towards retirement.
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Bill C-78 was recently introduced into the house of commons proposing some revisions to the federal Divorce Act legislation which has been in place more than 30 years.
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For many spouses, in addition to the emotional turmoil that results from a martial breakdown, dealing with matters of family property and debt often adds another measure of tension to an already stressful situation.
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On November 23 the Court of Appeal released the family law decision N.R.G. v. G.R.G. 2017 BCCA 407. This is a very important case.
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Part Two of this article considers common law grounds that may invalidate a separation agreement on the basis of it being significantly unfair.
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Section 93 of the Family Law Act (the “FLA”) sets out the legal basis under which a court may set aside a written (and properly witnessed) agreement respecting property division.
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The breakdown of a relationship inevitably triggers a number of issues, both personal and financial, that may require immediate and careful management.
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In early February, the Supreme Court of Canada declined to hear the appeal of a B.C. lower court decision dealing with retroactive child support.
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I recently heard the litigation process in parenting disputes described by a mediator as “the dark side.” I generally agree.
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When parents separate with dependent children both parents have a legal obligation to continue to financially support their children to the best of their abilities.
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On April 28, 2016 the British Columbia Court of Appeal came out with a decision called V.J.F. v. S. K. W., 2016 BCCA 186. This decision called into question how property is to be divided in BC upon the breakdown of a spousal relationship under the Family Law Act.
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The Family Law Act changed the law in BC in several ways and one of the most significant ways is property division on the breakdown of a spousal relationship.
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Whether you will have a legal obligation to pay spousal support upon the breakdown of your relationship depends on quite a number of factors.
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In what will undoubtedly be viewed as a landmark decision, on June 26, 2015 the Supreme Court of the United States effectively ruled in Obergefell v. Hodges that same-sex marriage is legal throughout the US.
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What a great night out that was! I owe you $100 for my concert ticket, and you owe me $150 for dinner and drinks. Why don’t you just give me $50 and we’ll call it even Steven? While most people don’t think twice about settling their debts this way, parents who owe each other child […]
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As a result of a recent collaboration between the Canadian Bar Association, Justice Canada, the Canada Revenue Agency and Finance Canada, two Tax Matters Toolkits have been developed. Both of the Toolkits are designed to assist with understanding the tax laws that can apply on separation or divorce, which can be complex and difficult to […]
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In my opinion and personal experience with divorce, parenting coordinators (“PC”) are a welcome addition to the current legislative Family Law Regime in British Columbia.Couples are often not on amiable terms in the situations leading up to divorce. Discussions on holidays, parenting time and expenses often end in “phone-slamming.” The inevitable next step is fighting and arguing, which children unfortunately witness. [...]
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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.
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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.
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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.
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As a divorce and family law lawyer, I am often asked by clients whether or not they are legally separated. When two people who have been living together as a married couple or in a marriage-like relationship (in the case of common-law spouses) cease living together, they are separated. There is actually no such thing as a “legal separation”.
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As we have explained in earlier Legal Alert articles, in late 2011 the British Columbia Legislature passed Bill 16, which will be our new Family Law Act. Once in force, it will replace the Family Relations Act. The new legislation provides for many changes to family law in British Columbia.
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Despite the fact that the divorce rate in Canada hovers between 40% and 45%, most family law disputes settle outside of the court system. While only the Supreme Court of British Columbia can grant a divorce Order, the remaining issues that couples must deal with on marriage breakdown - custody, child support, spousal support, division of assets – can all be resolved outside of the court system.There are a variety of ways to do this, [...]
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This article will focus on some of the upcoming changes to family law in British Columbia as a result of the implementation of the Family Law Act. Subsequent articles will deal with provisions of the new Family Law Act in terms of property division, common-law relationships, and other topics.
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In late September 2011, lawmakers in Mexico City proposed a new marriage license that would allow a couple to have a 2 year trial marriage. If, at the end of those 2 years, the couple still wanted to be together, they could renew their marriage license indefinitely. If, however, the married life, or their chosen spouse, is not what they had hoped for, they would go their separate ways, without having to go through a lengthy, [...]
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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.
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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 [...]
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One of the issues that arises from time to time as an unfortunate result of separation and divorce in families is whether or not grandparents are entitled to continue relationships with their grandchildren. Typically, in a divorce proceeding, parents are fighting about custody, guardianship and access in respect of their minor children. The Family Relations Act of British Columbia, provides, however, that on application, the Court [...]
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It appears that technology is making its way into Canadian family Court cases. Traditionally, when one parent has day to day care of a child, the other parent has visitation, which can be specified times in a Court Order or Agreement, or regular visits as arranged between the parents. Of course, one typically thinks of visitation as a time when a parent and child are together in person for a dinner visit, a weekend, a holiday, [...]
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Facebook is increasingly being used as evidence in family law cases. Evidence posted is being used against the posters in court. One man who claimed to be unemployed was getting alimony from his soon-to-be ex-wife. On his Facebook page, however, he identified himself as a business owner and described his vacations to exotic destinations with […]
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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 [...]
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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, [...]
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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 [...]
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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.
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In Family Law, the holiday season often brings with it significant stress, confusion and disappointment for families who are experiencing a recent separation; and, even for families that have been separated for some time.
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The Court of Appeal of British Columbia recently handed down its first case regarding the interpretation of Article 13 of the Hague Convention on the Civil Aspects of Child Abduction to which Canada is a signatory. In the case of Beatty v. Schatz, 2009 BCCA 310, the Court was hearing an appeal on an expedited […]
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Enforceability of Marriage AgreementsThe Family Relations Act of British Columbia is one of the Statutes which is applicable when there is a breakdown of a marriage. The Family Relations Act recognizes the existing of a marriage agreement, often commonly referred to as a prenuptial agreement, as one of the factors to be considered when looking at a division of assets on marriage breakdown. The Act does, however, allow the Court [...]
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On the breakdown of a marriage, or in the event of a termination of a common law relationship which has lasted at least two years, one of the many issues which may arise is whether there is an entitlement by one of the parties to spousal support.
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One of the issues that can arise on the breakdown of a marriage or a common law relationship is whether or not there should be child support paid by the non-custodial parent. While these matters are generally fairly straightforward when it comes to the biological children of the parties, when there are step-children involved, discussions often ensue about whether or not child support obligations exist.
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Rights and obligations of married versus common law couples have become more similar over recent years, particularly in the area of spousal support, or “alimony”. If you are married, then regardless of the length of your marriage, be it eighteen months or eighteen years, you are “spouses” as defined by federal and provincial legislation, and in the event of a separation, you may be entitled to receive, or be [...]
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