There is often a delay between a lawyer completing a client’s will, and that client being available to execute (sign) it. The Covid-19 Pandemic has only lengthened these delays, which can be problematic if the will-maker happens to pass away prior to executing the new will. The Wills, Estates, and Succession Act, S.B.C. 2009, c. […]
Custody and access to children are complex issues requiring consideration of which circumstances would best benefit the interests of the child. Often, one or both parents may desire a change in custody or access. This can be accommodated so long as they can prove that a material change in circumstances has occurred since the last […]
Through the Notice to Mediate (Family) Regulation, BC Reg 296/2007, a party to a family law proceeding may require the other spouse to participate in mediation with them. Mediation, if successful, can have many benefits including a shorter timeline, decreased cost, and lower conflict. It’s also much less formal than court, and private. A notice […]
Both the Divorce Act and the Family Law Act give authority to change the amount of spousal support that must be paid, and although worded differently, both acts require a change in circumstances before the variation is warranted. It’s important to bring the variation application under the Act which the support order was originally made […]
When relationships dissolve, parties often become concerned that their property will be disposed of or encumbered against their wishes. Property division will be addressed and ultimately resolved as separations move forward, but until agreements are finalized, it may be beneficial for spouses to take certain interim measures. The three types of entries often registered against […]
Religious-based contracts, such as a Maher, can create increased complexity for the family justice system. A Maher is a contract which some Muslim couples will enter into upon marriage. The Maher can have the effect of requiring the husband pay the wife a specified amount of money if divorce occurs. The value can often be […]
While the decisions of children’s parents will be given deference by the courts, grandparents have the right to make applications for access to their grandchildren. Section 59 of the Family Law Act authorizes the court to grant contact with the child to a person who is not a guardian, such as a grandparent. The court […]
In certain circumstances, a party required to pay child support may need to claim undue hardship under section 10 of the Federal Child Support Guidelines (the “Guidelines”).This means that the party would be caused to suffer unduly if made to pay the full amount of support originally required. If the party shows the court why […]
Under section 224 of the Family Law Act, the courts have power to require parties attend counselling. This can be in the form of family dispute resolution or individual counselling. The courts can even order a child attend counselling without their guardians’ consent. This broad power of the court must be exercised in a manner […]
If a party to a separation has concerns that their ex-spouse might dispose of family property, or deal with it in a way which adversely affects their interests, a section 91 order may help. The Family Law Act requires that, on application by a spouse, the Supreme Court make an order restraining the other spouse […]