Tag: Law

If you would like to see articles on any particular area of law, or specific topic, please contact us.

Select a category:

Search by keyword:

Importance of Properly Drafted Family Law Documents

Bill 16 has recently been introduced into the Provincial Legislature which proposes the introduction of the new Family Law Act. One of the dominant features of the new bill is how it changes the “best interests of the child” test in parenting decisions from the paramount consideration to the only consideration. The new Family Law Act created by the Bill could be in force as early as the Fall of 2012. In future entries we will be discussing how this new Act affects the law in British Columbia, and how it affects your family. Below we discuss a recent family law case which illustrates the confusion that can arise in the family law context as a result of a lack of specificity in drafting a court order.

August 26, 2013

Are You Married to Your Spouse? by Cristen Gleeson

Are you married to your spouse, or do you live in a common law relationship? In British Columbia, the answer to that question largely determines the property rights and financial rights of parties when their relationship breaks down. For married spouses, comprehensive statutes such as the federal Divorce Act and the provincial Family Relations Actprovide the starting point for division of property and other issues.

August 26, 2013

Pension Division Issues in Family Law

In Jarman v. Jarman, 2011 BCSC 1155, the Claimant was the former wife of the Respondent who was a retired Air Canada Pilot. The Respondent had an interest in two pension plans with Air Canada: the Air Canada Pension Plan for Pilots, and a Supplemental Retirement Plan (the “SRP”). Air Canada had a policy that no distribution would be made directly from the SRP and no direct settlement would be possible from the SRP.

August 26, 2013

Cross Border Issues: The Hague Convention and Child Custody

In the case of Medina v. Pallett (2010) B.C.S.C. 259, the petitioner father Medina was Honduran and the respondent mother Pallett was Canadian. Together they had one child who was born in Honduras in 2005. The child was left in Honduras with the child’s grandparents while Medina and Pallett attempted to settle in Canada. By the Spring of 2008 Medina’s ability to remain in Canada remained uncertain. He therefore no longer wanted to bring the child to Canada. Pallett argued that Medina signed the child’s Canadian passport application and Medina denied doing so. Without giving notice to Medina, Pallett went to Honduras and removed the child and brought the child to Canada. Pallett then commenced divorce proceedings in Canada and sought custody of the child and child maintenance. Medina brought an application to have the child returned to Honduras.

August 26, 2013

Formal Offers to Settle in Child Custody Trials

The Rules of Court allow for the service upon the opposing party of a formal offer to settle. If the party making the formal offer to settle receives a result at trial that is equal to or more successful than the formal offer, the offering party may receive his or her costs and may even argue for double costs following the trial result.

August 26, 2013

The Proposed Family Law Act: Changes to the Best Interests of the Child and Guardianship

Commencing in 2006 the British Columbia Ministry of Attorney General has been formulating a new Family Law Act to replace the present Family Relations Act. The proposed new legislation introduces sweeping changes to issues of child custody and guardianship, property division and spousal support, among other issues.

Whether the proposed new legislation will be passed into law remains to be seen. However, at present, it appears as though there is at least a realistic possibility that sweeping changes to family law in British Columbia of the nature proposed in the new Family Law Act will come into force in the coming years.

August 26, 2013

Add Your Heading Text Here

Tag: Law

Select a category:

Search by keyword:

Importance of Properly Drafted Family Law Documents

Are You Married to Your Spouse? by Cristen Gleeson

Pension Division Issues in Family Law

Cross Border Issues: The Hague Convention and Child Custody

Formal Offers to Settle in Child Custody Trials

The Proposed Family Law Act: Changes to the Best Interests of the Child and Guardianship

Get our newsletter delivered to your inbox.

Get Connected