What rights do grandparents have in British Columbia? We often hear terms like “grandparents’ rights” or “rights of a grandparent”, so it may come as a surprise that grandparents actually do not have any default or automatic rights when it comes to their grandchildren. But that doesn’t mean there isn’t a legal avenue a grandparent can pursue if they wish (but are unable) to spend time with their grandchildren!
Concerning grandchildren, grandparents (or other significant people in a child's life who are often, but not necessarily, relatives) tend to most often seek contact. Contact refers to a right to spend time with a child and does not include any decision-making authority. Contact can be in-person, or over audio or video calls.
If the primary caregivers of your grandchildren voluntarily facilitate your spending time with your grandchildren, there is no need for an order for contact. But if they do not allow you to see your grandchildren voluntarily, you can make an application to court for contact.
The success of your application depends on what the court decides is in the child's best interests. Similarly to disputes between parents about how much time each spends with their child, the court will consider many factors when processing an application for contact. These include the child's bonds with various individuals, historical relationships, emotional and physical well-being, education, and general needs and circumstances.
An additional factor in these applications is the views and preferences of the parents or other primary caregivers; however, their views are no longer given as much weight as they were given in the past. More recently, courts have ruled that if a parent's preferences do not align with the child's best interests as demonstrated by the rest of the evidence, or if it's clear that the parent appears to be prioritizing their own feelings over the child's best interests, then those views cannot be the deciding factor in the outcome of the application and cannot trump the analysis of the child's best interests.
A caveat here is that if a parent is so antagonistic to the grandparents (or vice-versa) that it is harmful to the child to be in the presence of interactions between these individuals, then that may weigh against the child's best interests when contact is being sought.
Where grandparents have a good relationship with their grandchild and have shown themselves to be responsible and caring toward them in the past, contact will often be determined to be in the child's best interests, but there is no guarantee.
Though much less common, sometimes the circumstances are such that it is appropriate for a grandparent to make an application for guardianship of a grandchild. Guardianship typically comes with some decision-making and a greater role in a child's day-to-day caregiving.
Guardianship would not normally be granted to a grandparent unless a child has no suitable primary caregiver, or unless their caregiver becomes unable or unwilling to care for them. In times when a child has no suitable primary caregiver, grandparents (and other relatives) can be a great help in those situations if they are willing to seek guardianship.
We are happy to assist clients with their questions on any aspect of Family Law in BC. Please contact us at the form below to get started.
]]>How do I get a name change in BC? This question is frequently asked of family lawyers, especially when it comes to marriage and divorce. This blog post will cover how to change your name legally in BC, as well as the nuances surrounding name changes—particularly for children—that clients should know before beginning the process.
The process and requirements for legal name changes vary from province to province. In BC, any adult aged 19 and above is legally entitled to change their name, as well as the name of a minor child over whom they have custody (now described as “decision-making responsibility”, “guardianship,” and “parenting time” in the family law context), provided they have lived in BC for 3 months before making their application.
There are two main methods for submitting applications:
The costs of a legal name change can vary. The application fee starts at $137 and can increase depending on whether children are included in your name change application. Depending on your circumstances, you may need to pay for additional expenses related to fingerprinting, criminal record checks, certification of documents, and the witnessing of signatures on statutory declarations.
For a comprehensive list of the required documentation and other information relevant to the application process, please refer to the Province of British Columbia’s guide on legal name changes.
The process of a legal name change does not apply in the context of marriage or divorce.
Once you are married, you can choose to continue using your own surname or take on your spouse’s surname. Taking on your spouse’s surname is not considered a legal name change under section 3 of BC’s Name Act. This means that you will not need to go through the lengthy process above to start using your spouse’s surname.
You can simply provide your government-issued marriage certificate and birth certificate in support of your new surname and apply to have important documents like credit cards, bank accounts and utility bills in your new name through agencies such as ICBC, the bank, etc. However, the time and costs associated with this process may vary depending on which agency you are dealing with.
Similarly, if you decide to go back to using your own surname after divorce, you can do so without a legal change of name. Keep in mind that individual agencies may have specific requirements on what documentation they need from you to change the name on an account.
If, however, you and your spouse want to hyphenate your surnames or pick a new surname to use, or you want to change your name entirely, you will need to get a legal change of name through the process described above.
As of 2024, there is a 15-week waiting period for name change applications. To avoid rejections, ensure your name is not offensive or confusing.
While the above information may seem relatively straightforward, it is important to keep in mind the various ways in which legal name changes can impact other aspects of your life.
For example, if you are in the process of immigrating to Canada, a name change may impact the processing of your immigration application by Immigration, Refugees, and Citizenship Canada (IRCC). A name change may also impact your immigration documents if you took your spouse’s surname and applied to immigrate using that surname. Speaking to an immigration lawyer can help clear up any questions you may have regarding the immigration consequences of a name change.
Additionally, a name change may impact your children if the relationship between you and your partner breaks down. A name can have personal, cultural, or spiritual importance for both a child and their family. The Supreme Court of Canada has even noted that “contribution to the process of determining a child's surname is another significant mode of participation in the life of a child. For many in our society, the act of naming a child holds great significance.” As a result, disputes may arise regarding what a child’s surname should be following a separation or divorce.
Further nuances arise with section 4 of BC’s Name Act, which sets out the conditions for parents with custody over an unmarried minor child to change that child’s name in BC. Notably, a parent can apply to change the child’s name, with the consent of the child’s guardians and the consent of the child if they have reached 12 years of age. There are certain exceptions to these consent provisions, but what happens when the other guardian does not give consent to the name change and the exceptions do not apply?
Case law in BC has dealt with high-conflict family law matters disputing changes to a child’s surname, and the BC courts have considered such factors as the link between the name change and the child’s best interests in deciding whether to grant or deny a name change. As a result, what appears to be a simple application for a name change can turn into complex legal questions in the family law context. In these cases, advice from a family law lawyer may be necessary.
We are happy to assist clients with their questions on any aspect of the name change process. Please contact us at the form below to get started.
]]>Previously, the person who paid for the pet was considered the pet owner, and the court would allow the owner to retain the pet in the event of a relationship breakdown. However, if the pet was a family asset (i.e. acquired during cohabitation or marriage), the pet owner was required to pay their former spouse half of the value of the pet (i.e. what the pet could sell for in an open market). There was no legal basis for sharing custody of a pet.
In March 2023, Bill No. 17 was put forward to amend the Family Law Act (the “Act”). This Act governs the division of personal property between common law and married spouses in BC following a relationship breakdown.
The proposed amendments include fairly significant changes to the treatment of family pets upon separation in British Columbia. On May 11, 2023, the Family Law Amendment Act, 2023 (the “Amendment Act”), received royal assent. As a result, we can expect the amendments to be incorporated into the Act’s wording soon. In fact, some of the other non-pet-related amendments have already made their way into revised publications of the Act.
Here’s a review of the upcoming changes to the sections of the Act dealing with pets:
First and foremost, pets will be distinguished from property. They are referred to in the Amendment Act as “companion animals”, which are animals kept primarily for companionship. Companion animals do not include guide dogs or service dogs which fall under other legislation, animals kept as part of a business, or animals kept for agricultural purposes.
This change is impactful, as it allows the court to consider other factors beyond ownership when determining who should keep the pet following a relationship breakdown. Whereas previously, the court’s decision about pets was determined solely by ownership, the amendments now require that the court consider the following factors under section 97 of the Act:
Section 85 of the Act allows a spouse to exclude family property from division if, for example, it was gifted to the spouse by another family member or the spouse had the family property before the relationship.
Interestingly, the Amendment Act allows the court to consider the above list of factors and make an order with respect to ownership of the companion animal, even if the animal would be considered “excluded property.” This further signals the legislation’s intention to differentiate pets from property.
Practically speaking, this means that if someone owned a companion animal before the relationship, this fact alone will not allow them to retain possession of the companion animal after a separation.
One element that will not change in the Act is the court’s inability to order joint ownership or shared possession of a companion animal. The court can only make orders giving exclusive ownership and/or possession to one spouse. However, section 92 of the Act will now recognize and enforce the spouses’ ability to enter into an agreement to:
In other words, you cannot expect the court to order joint ownership and possession of a pet, but you and your former spouse can enter into a legally binding agreement that does.
At Westside Family Law, we understand that navigating child support arrangements can be challenging. In this blog, we will cover the basics of child support in Canada so parents can be informed throughout the process of making child support payments.
Child support is the amount a parent pays to another parent to help support their children. Biological parents and sometimes step-parents have the legal responsibility to support their children financially, whether or not the parents have ever lived together or with the child.
It’s important to note that the entitlement to child support belongs to the child as a matter of legal right, rather than being the right of the parent.
Child support payments are determined based on the Child Support Guidelines set by the federal government. The set amount leaves little room for negotiation and is calculated based on how much the paying parent earns, how many children require support, and their province of residence.
The Child Support Table Look-up provides an estimation of child support payments. A family lawyer will be able to help explain your rights and entitlements in greater detail than the online look-up provides.
In addition to monthly child support payments, both parents are expected to pay a proportionate share of “special and/or extraordinary expenses”. These expenses may include daycare or after-school program fees and orthodontic, dental, or healthcare needs. Extracurricular activities, unless unusually expensive (such as competitive-level training) are not typically considered among expenses.
Child support must be paid by a biological parent or step-parent to the primary caretaker in the event of a separation. If children live with each parent relatively equally, the higher-earning parent typically must make payments to the lower-earning parent.
Payments typically extend until the child reaches the age of majority, which is 19 in B.C. However, if the child is enrolled in school or university, experiences a disability or illness, or remains dependent in other ways after turning 19, child support payments continue until the child is no longer dependent.
A child support agreement is a legal document that outlines the financial responsibilities of each parent towards the upbringing of their child. The agreement details the specific terms and conditions regarding child support payments, including the amount to be paid, the frequency of payments, and any additional financial responsibilities. Child support agreements should be drafted by an experienced family lawyer.
Importantly, a child support agreement is designed to ensure the child's financial stability and access to resources from both parents, regardless of their relationship status. The agreement serves as a tool for promoting fairness, transparency, and the best interests of the child throughout their upbringing.
Although child support is paid to a parent, it’s the child’s legal right. The other parent must pay their share of child support. A parent cannot enter into an agreement that allows the other parent to forego their responsibility to meet child support obligations. Additionally, should one parent fall behind on child support payments, the other parent may not deny parenting time or contact with the child.
A family lawyer can draft a child support agreement or seek a court order to include flexibility for changes that arise, eliminating the need to go to court when issues come up or circumstances change. In addition, family lawyers can assist in enforcing or changing existing agreements.
Our team is dedicated to supporting our clients through family legal matters. If you’d like to learn more about what services our team offers, from child custody lawyers to separation agreements, feel free to get in touch to learn about your options by filling out the contact form below, or by calling our office at 604-734-7911 today.]]>In this blog, we will explore the crucial moments when hiring a family lawyer becomes essential, along with insights into the role and benefits of these legal professionals.
The decision to initiate a divorce or separate is emotionally and legally challenging. A family lawyer can guide you through this process, explaining your rights, responsibilities, and options. They can help you negotiate property division, spousal support, separation agreements, and guardianship disputes, ensuring that your interests are protected while striving for an amicable resolution.
Guardianship and parenting time battles can be among the most emotionally taxing legal issues in family law. Whether you're seeking custody or trying to modify an existing arrangement, a family lawyer can help you navigate the legal system. They can advocate for your child's best interests and ensure that your rights as a parent are respected.
Prenuptial and postnuptial agreements can be invaluable in safeguarding your assets and defining the terms of property division in case of divorce. A family lawyer can help you draft, review, and negotiate these agreements, ensuring that they are legally sound and fair to both parties.
When it comes to child support agreements, a family lawyer can play a pivotal role in helping you negotiate, establish, or modify arrangements that are fair, just, and in the best interests of your children. Whether you're the custodial or non-custodial parent, a professional can guide you through the legal process, ensuring that the child support agreement addresses the specific needs and circumstances of your family.
Family lawyers also play a critical role in estate planning and will drafting. They can assist you in creating a comprehensive estate plan that protects your assets, provides for your loved ones, and ensures your wishes are carried out upon your passing.
Not all family issues require adversarial legal battles. Family lawyers are skilled in mediation and alternative dispute resolution techniques. They can help you and your family members find common ground and reach mutually acceptable solutions without going to court.
Hiring a family lawyer is a critical step in addressing the legal complexities that can arise within a family. Whether you're facing divorce, custody disputes, or other family-related legal matters, a good family lawyer in Vancouver will be there to guide you through this difficult time and help you make informed decisions.
If you’d like to learn more about what services our team offers, feel free to get in touch with Westside Family Law to learn about your options by filling out the contact form below, or by calling our office at 604-734-7911 today.]]>In Canada, you can get a divorce based on either fault or no-fault grounds. Fault grounds include adultery, cruelty, or abuse, while no-fault grounds are based on the fact that you and your spouse have been living separately for at least one year. No-fault divorces are more common, as they tend to be less contentious, less costly, and time-consuming.
Before filing for divorce, you need to determine the appropriate jurisdiction, which is usually the province or territory where you or your spouse reside. Different provinces may have slightly different rules and requirements, so it's essential to consult with a family lawyer or review the specific regulations in your jurisdiction.
Many couples choose to create a separation agreement before proceeding with a divorce. This legal document outlines the terms and conditions of the separation, including child custody and support, spousal support, division of assets, and any other relevant matters. Having a well-drafted separation agreement can make the divorce process smoother and less contentious.
If there are unresolved issues regarding property division, spousal support, or child custody, these matters will need to be addressed through negotiation, mediation, or litigation. However, t's often best to try and resolve these issues amicably, as it can save time and money compared to going to court.
After everything is finalised and the divorce certificate is issued, it's essential to update your legal documents and financial arrangements to reflect your new status. This includes updating your will, beneficiary designations, and notifying relevant institutions of your change in marital status.
Throughout the divorce and separation process, it's highly advisable to seek legal advice from a qualified family lawyer. They can provide guidance, ensure that all legal requirements are met, and help protect your rights and interests during this challenging time.
Understanding the divorce and separation process in Canada involves a combination of legal steps, emotional considerations, and practical decisions. While it can be a difficult journey, being well-informed and seeking a qualified family lawyer can make the process smoother and more manageable.
At Westside Family Law, our team is dedicated to supporting our clients through the complexities of family legal matters. If you’d like to learn more about what services our team offers, from child custody lawyers to property division, feel free to get in touch to learn about your options by filling out the contact form below, or by calling our office at 604-734-7911 today.
]]>One of the primary responsibilities of a family lawyer is to provide clients with expert legal advice. This specialised practice encompasses a wide range of issues, including divorce mediation, child custody, spousal support, property division, and more.
A knowledgeable lawyer should possess a deep understanding of the relevant laws, regulations, and court procedures. Our lawyers are well-versed in British Columbia's practices, and have a proven track record of delivering sound legal advice tailored to each client's unique situation.
Family legal matters can be emotionally charged and overwhelming. A compassionate family lawyer understands the sensitive nature of these cases and provides empathetic support throughout the legal process.
We recognize the importance of approaching each case with sensitivity and empathy, ensuring that clients feel heard, understood, and supported during what can be a highly stressful period.
Clear communication is the cornerstone of any successful attorney-client relationship. Family lawyers must effectively communicate legal concepts, options, and potential outcomes to their clients.
That’s why our team focuses on open communication, to put a client’s mind at ease and have them remain informed about the progress of their case. We encourage feedback on letters that we send, and aim to respond to phone calls and emails within 1-2 business days.
When disputes arise within families, the role of a family lawyer extends beyond offering advice. Skilled representatives act as strong advocates for their clients, striving to achieve the best possible outcome while minimising conflict and emotional distress.
Our team is experienced in negotiation and mediation techniques, aiming to reach amicable solutions whenever possible. In cases where litigation becomes necessary, we provide assertive representation in the courtroom.
Family matters often involve intricate relationships and multifaceted legal issues. A proficient family lawyer adopts a holistic approach to problem-solving, considering not only the legal aspects but also the broader impact on the client's life.
Our lawyers at Westside Family Law collaborate with clients to develop comprehensive strategies that address their immediate needs while also looking ahead to the long-term implications of their decisions.
A family lawyer's responsibilities encompass more than just legal expertise; they involve providing compassionate guidance, effective communication, strategic advocacy, and holistic problem-solving.
At Westside Family Law, our team is dedicated to supporting our clients through the complexities of family legal matters. If you’d like to learn more about what services our team offers, from child custody lawyers to separation agreements, feel free to get in touch to learn about your options by filling out the contact form below, or by calling our office at 604-734-7911 today.
]]>When choosing the right representation, experience and expertise should be your top priority. Whether you’re looking for divorce mediation, child custody support, or help drawing up a separation agreement, you need a lawyer who has experience dealing with family law cases and who specialises in the field. Look for someone who has handled cases similar to yours, and has a track record of success.
A family law firm’s reputation is essential. Look for one that has a good reputation in the legal community and positive reviews from its user base. Or, check online reviews to see what previous clients are saying. Depending on your circumstances, you may also have the option to ask for referrals from family and friends who have used a Vancouver family lawyer before.
Effective communication is crucial when working with a legal advisor. You need a family lawyer who listens to you, understands your concerns, and explains the legal processes to you. From the firm you choose down to the counsel that will serve you, it’s important that you select a team that makes you feel comfortable and confident in their ability to represent you.
Family law cases can be expensive, but that doesn't mean you should select the least costly lawyer, as they may not be the best choice for representing you. Along your journey in selecting the right Vancouver family lawyer, know that you should choose someone who offers fair pricing, and is transparent about their fees, all of which will become clear during a consultation.
Once you have a few potential Vancouver family lawyers in mind, schedule a consultation with them. This meeting will allow you to ask questions, discuss your case, and determine if the lawyer and the firm is the right fit for you. During the consultation, assess communication skills, knowledge of family law, and experience in handling cases like yours.
Choosing the right legal representation is a crucial decision that requires careful consideration, so don't be afraid to schedule consultations with multiple lawyers until you find the right one for you. A good family lawyer in Vancouver will be there to guide you through this difficult time and help you make informed decisions.
If you’d like to learn more about what services our team offers, from divorce lawyers to child custody lawyers, feel free to get in touch with Westside Family Law to learn about your options by filling out the contact form below, or by calling our office at 604-734-7911 today.]]>By opting for family or divorce mediation instead of taking part in a trial, you can reap many of its unique benefits. In this blog post, we'll be discussing four of these advantages that come from utilizing these services when dealing with legal matters. From gaining greater control over the outcome to reducing stress levels during already trying times, read on to learn more about why so many people are opting for professional family law mediation services when addressing their legal issues.
No one wants to go through a long and drawn-out legal battle, especially when it involves their family. Whether it’s a common law separation or divorce, mediation can be a less daunting process; this is because it allows for a variety of benefits, including a more relaxed atmosphere than a courtroom, greater control over the process, opportunities to develop long-term problem solving solutions, and easing tension between parties, as everyone will get the chance to voice their concerns openly.
Family law and divorce mediation provides an opportunity for each party to express their feelings and needs in a safe and non-judgmental environment. Because there is an unbiased professional guiding each meeting, everyone has the chance to be heard in a constructive and purposeful way. Throughout the process, parties are encouraged to speak openly about their wishes and concerns, so that solutions that are beneficial for all involved can be reached.
Another significant advantage of mediation is that it is typically less expensive than other forms of dispute resolution, such as litigation. When it comes to the family law system, cost matters; that’s why mediation is a great alternative, as it means there will be less time spent in court, with less lawyers involved. It also often results in a mutually agreeable solution that may prevent future conflict, and can end in a quicker resolution, reducing the overall time spent in dispute.
All parties involved maintain confidentiality about the proceedings throughout the entire mediation process; this level of privacy can be particularly appealing to those who wish to keep their family matters away from the public eye. Additionally, these guided meetings can help foster better communication between parties, allowing for more effective problem-solving in the future; improved communication can be essential for co-parenting and maintaining healthy relationships post-dispute.
If you are considering mediation to help in resolving your legal matters, know that this approach has many benefits. At Westside Family Law, our goal is to ensure a respectful and informative process that will suit all parties, and we strive to help you navigate this challenging time and support you in achieving your desired outcome.
To learn more about what our lawyers can do for you in the family law or divorce mediation process, get in touch with our team about your options, or to learn more about what services we offer. Feel free to fill out the contact form below, or call our office at 604-734-7911 today.
]]>At Westside Family Law, we want to ensure that you enter into any legal setting equipped with clarity and knowledge, so that you can be as successful as possible with your respective case, regardless of whether it involves child custody, divorce mediation, prenuptial agreements, and beyond. In this blog, we’ll be offering some tips to help alleviate your search and unite you with the best support for your case.
First and foremost, it is essential to identify the specific legal needs of your case. Are you looking for a family lawyer to help with property division? A separation agreement? A child support dispute? Understanding the unique requirements of your situation will not only aid in narrowing down your search, but also help in securing a lawyer who is experienced in handling similar cases.
Once you've determined your legal requirements, start your search for the best family lawyers in Vancouver by doing your research. Look for local law firms or solo practitioners experienced in family law, and make a list of potential candidates to consider. You can refer to legal directories, professional websites, and social media platforms for ratings and reviews.
If it’s available to you, consider asking for personal recommendations from people you trust, as this can be valuable in your search. Friends or family members who have dealt with family lawyers in Vancouver may have helpful experiences to share that can assist you in finding the right support. However, keep in mind that every situation is unique, and what worked for someone you know might not be ideal for you.
Visit websites and platforms with client reviews to learn more about your potential lawyers. These insights will help you understand how well they've previously performed when it comes to client satisfaction, their professional demeanor, and their overall success rate in handling family law cases.
It is crucial to have a clear understanding of the legal fees involved in hiring a family lawyer. Determine if the potential firm's fees are within your budget, and whether they have a transparent billing structure. Remember that cost should not be the sole deciding factor in your choice, but it's essential to ensure affordability, and helps you to prepare for the end result financially.
Take the time to schedule consultation meetings with several family lawyers in Vancouver that meet your criteria. These meetings will help you assess their legal expertise, communication skills, and overall compatibility in handling your case. Use this opportunity to discuss your situation, clarify doubts, and ask questions about their prior experience dealing with cases like yours.
As a leading family law firm in Vancouver, we aim to ensure that each client feels supported and involved by providing a transparent and informative process. At Westside Family Law, your well-being is our top priority; we feel that by following these steps in your search for the best family lawyer in Vancouver, you’ll find support that suits your needs - and your budget.
To speak with our team about your options, or to learn more about what services we offer, please feel free to fill out the contact form below, or call our office at 604-734-7911 today.
]]>While this is certainly an important question that should be asked at the start and throughout the legal process, the answer is rarely clear cut. Legal fees depend on many factors, some of which are within the client’s control, and others are not.
In today’s blog post, we’re going to provide an introductory overview of the cost of hiring a family lawyer, and offer general advice on keeping costs lower.
A retainer is a deposit that a lawyer draws from throughout the process as they charge you for their services, typically on an hourly basis. Currently, the initial retainer for a family lawyer in BC ranges anywhere between $3,000 to $30,000. For cases of greater complexity, the initial retainer required can be even higher. Hourly rates for family lawyers in BC usually range from $275 to $500 per hour, and in major cities like Vancouver, it can cost upwards of $700 per hour.
A lawyer’s rate generally corresponds to their years of experience, with most lawyers increasing their rates every one or two years. A lawyer with an hourly rate of $275 may have around one to three years of experience. However, a lawyer with an hourly rate around $500 will likely have over 30 years of experience.
In general, family lawyers charge their hourly rate in 0.1 hour increments for all time and work dedicated to a client’s family law file. This work can include everything from phone calls to emails, and meetings with clients to speaking with witnesses and other relevant parties. They also bill for time spent preparing and drafting court documents and agreements, as well as any research time to help them prepare for court on top of the time actually spent arguing in court.
Based on the findings of the Legal Fees Survey 2021 conducted by Canadian Lawyer Magazine, we see that on average, one day in court costs between $4000 and $7000. A two-day family law trial costs roughly $19,087, and a five-day family law trial is $43,481.
It goes without saying that the more issues need to be resolved between parties, the more time will need to be dedicated to addressing them, incurring further hourly charges. In some circumstances, outside experts – such as child psychologists or property appraisers – may need to be hired to lend their expertise and provide reports. More complex issues will incur higher legal fees.
Further, the parties’ willingness to work towards a shared resolution may have a significant effect on the final costs. If the other party is determined to argue every issue, the legal fees could skyrocket. Spending time in court guarantees considerable legal fees, with a two-hour court application costing upwards of $8,000 or more. Pursuing alternatives to going to court, such as mediation or arbitration, can help both parties save significant legal costs, even if they don’t see eye to eye on most issues.
Finally, the client’s level of organization and involvement can play a part in determining legal fees. If the client is disorganized with their documents or haphazard in communication with their lawyer, they will waste valuable time and money during the legal process. Any time a lawyer spends on sorting out and making sense of a client’s files themselves is billable time that will accumulate quickly.
Although the cost of a family lawyer is variable and will change depending on many factors, there are some factors within your control that can help you keep costs down.
Staying organized and conducting as much work by yourself as possible will help you reduce your overall expenses. Depending on the individual case, some ways you can assist your lawyer are:
Efficient and clear communication with your lawyer will also help you save on legal fees. Find out precisely how your lawyer bills their time – in most cases they bill their time in six-minute increments – so that you can avoid unnecessary fees through interactions that take less than six minutes. For example, if a lawyer’s hourly rate is $400, they would charge $40 every six minutes or less they spend on a task. The most cost effective way to make use of your lawyer’s time is to plan out your emails, phone calls, and meetings. Many short interactions will cost you much more than a few longer interactions. Writing down key points and questions ahead of meeting with your lawyer will help you avoid spending time on issues that are not as important, or needing to schedule another meeting later if you forgot to ask a pertinent question.
Finally, conducting regular cost-benefit analyses may be invaluable to those looking to keep legal fees low. When emotions run high during legal proceedings, it can be all too easy to spend more time and money than necessary on trying to “win” or get revenge on the opposing party. Find a lawyer who shares cost-effectiveness as a priority and encourages you to make cost-benefit analyses a regular part of the process. Your lawyer can help you decide whether something you want to pursue, especially in court, will be worth it after considering the cost, chance of success, and reasons for pursuing it.
At Westside Family Law, we strive to present our clients with a transparent estimate of the expenses of their legal representation, in addition to keeping them fully informed on any upcoming costs during the proceedings. Your well-being during the process is our priority every step of the way, and we understand the stress that finances can cause. We are dedicated to finding a solution that works for you.
To speak with us about your options and learn more about our fees and services, fill out the contact form below, or call us at 604-734-7911 to get started.
]]>In today’s blog post, we’ll examine the difference between the terms “family lawyer” and “divorce lawyer” and guide you in choosing the right representation for your legal needs.
There’s a common misconception that divorce lawyers and family lawyers handle separate fields of law. However, the short answer is that there isn’t a significant difference between divorce lawyers and family lawyers. Divorce is a subset of family law, which means that all divorce lawyers are family lawyers who handle divorce. However, family lawyers usually handle more than just divorce.
Family law is a broad term pertaining to legal issues in a family. This includes prenuptial agreements, cohabitation agreements, separation agreements, parenting plans, child support, spousal support, family property disputes, adoptions, and other family law matters. Divorce also falls under the umbrella term of family law.
When deciding on legal representation for your divorce, the way an attorney markets themselves can provide an important clue into the kind of services they offer and the experience they bring to the table. Although whether someone identifies as a divorce lawyer or family lawyer shouldn’t necessarily determine your choice, it can begin to give you an idea of what to expect.
It may help to consider the nuances behind the terms “divorce lawyer” and “family lawyer.” Attorneys identifying as divorce lawyers may be suggesting that they offer more aggressive legal representation, strictly focusing on the divorce and winning a settlement on your behalf. They may or may not choose not to handle cases involving child custody. On the other hand, those who identify as family lawyers may be ready to offer a more integrated approach, considering the long-term success of your case and providing conflict resolution to allow everyone involved to move on.
Ultimately, research is the best way to guide you in your decision. Determine what your goals are – mediation, collaboration, property distribution, a simple divorce, etc. This will help you find an attorney who can assist you in reaching those goals.
Bear in mind that an attorney who markets themselves as a divorce lawyer may still offer mediation, in the same way that a family lawyer may be able to aggressively dispute a case. However, it’s still important to consider your choice of words when using a search engine, as these nuances we’ve discussed may alter your search results.
The lawyers at Westside Family Law are experienced in divorce and family law and are eager to help you with your divorce and legal issues. Read about our divorce services or learn more about our firm.
We provide holistic representation in areas of family law and divorce, and are committed to aligning with your goals and helping you meet them. We would be happy to help you determine if our services are right for your legal needs. Contact us to set up a consultation or call us at 604-734-7911 to get started.
]]>Recently on the blog, we presented a broad overview of how committeeship works in Canada. This week, we’re diving into the process of how to obtain committeeship of an adult child in BC.
It is important to note that this blog only outlines the procedure for private committeeship (i.e. a family member steps in as committee to manage the adult child’s affairs). Adult guardianship can also occur with a public committee (i.e. the Public Guardian and Trustee steps in and acts as the guardian of the adult’s legal and financial affairs).
If you’re ready to start the process of applying to become your adult child’s committee, the first step is to find an estate lawyer who can help you with your application. Applying for the committeeship of an adult child who has lost the mental capacity to make important decisions for themselves can be an overwhelming and emotional experience. Working with a skilled estate lawyer can help alleviate some of the stress of navigating the legal aspects of this process. They can help you gather the required documents, make necessary arrangements, appear in court on your behalf and even advise you on how to act as committee.
Since committeeship is a somewhat specialized area of estate law, look for a lawyer who is experienced in this kind of work.
Before appointing a committee, the BC Supreme Court will require evidence that the adult is mentally incapable. The BC Supreme Court will require statements from two doctors declaring that the adult child cannot manage their legal, medical or financial affairs. The doctor’s statements must also explain why the adult child cannot manage their legal, medical or financial affairs (i.e. the adult has a mental disability, etc.). Your estate lawyer can assist you with collecting and organizing the required court documents.
Provide your lawyer with as much information as possible about the medical condition and financial situation of the adult. Bear in mind that some financial institutions may not be willing to share information about their client due to privacy laws.
In order to be appointed a committee, you must apply to the BC Supreme Court and get an order under the Patients Property Act declaring the adult child to be mentally incapable and appointing you as committee. Hence, you will be required to make a court application – which your lawyer will assist you with and argue in court on your behalf.
If the doctors deem it safe to do so, the adult child will need to be notified of your court application. You should also notify any other family members and get their consent to your application if possible – your lawyer will arrange for this. In some circumstances the adult child may oppose the application, and may have a lawyer to argue that they are not incapable. Your lawyer will argue against the adult child’s lawyer in court.
Once a committee has been appointed, committeeship lasts until the adult child dies or the committeeship is discharged. If the adult child dies, their committee continues to manage their affairs until an executor or administrator is appointed for the deceased adult child.
In the circumstance that the adult child becomes capable of making important decisions and managing their affairs again, either the committee or the adult child can apply to court to end their role as committee. The adult child will need to hire a lawyer to argue and provide evidence that the adult child is no longer incapable and can regain their right to manage their own affairs.
Separations often provide a sudden financial jolt, which can leave many wondering where they stand financially. Going from having to support one household to two can be difficult and can sometimes result in debt racking up. Bankruptcy may also arise at this stage. That’s why it’s essential to understand how separation and bankruptcy work in British Columbia.
In this week’s blog, we’re going to break this topic down, explaining your rights and responsibilities as you navigate this difficult time.
When an individual files for bankruptcy in British Columbia, they meet with a Licensed Insolvency Trustee (LIT) to evaluate their financial situation and discuss solutions to their financial problems. If bankruptcy is decided as the best route forward, the LIT deals with creditors on the individual’s behalf and sells their (i.e. the bankrupt individual’s) assets (excluding those listed later on in this blogpost). This also commences three important steps:
As a result, bankruptcy is often viewed as a “clean break” for bankrupt debtors. Unfortunately, separation or divorce add complications to the bankruptcy process and prevent a clean break from occurring. Declaring bankruptcy does not absolve an individual of many of the debts incurred in a separation. These debts include:
Many of us are happy to co-sign or sponsor our partner’s loan applications while we’re happily together, but caution is advised before proceeding with an arrangement like this. Bankruptcy does not clear joint debts. Hence, if a couple subsequently splits and the holder of the loan declares bankruptcy, the co-signer is liable to repay the full amount.
If former spouses own a home (or other property) jointly, the bankrupt’s creditors will be entitled to their share of the equity involved. This may lead to the house (or property) having to be sold to service the debt. That said, if the non-bankrupt individual has the means to buy out their former partner’s share of equity, they can do that instead.
Some assets owned by a debtor are protected from bankruptcy, in that creditors cannot go after them and LIT will not sell them. These include the following:
Declaring bankruptcy does not mean that an individual with an ongoing support obligation is no longer obligated to pay support. Child support and spousal support are based on the payor’s income. Hence, if a payor spouse declares bankruptcy but continues to be employed - they cannot argue that their support obligation should be lowered - the payor spouse’s income remains the same and thus so will the support obligation.
In matters of separation and finance, it’s highly recommended to speak to a family law expert like the team at Westside Family Law. If you have any questions about the process in BC, we are standing by to help. Contact us and we’ll be happy to assist.
]]>This critically important section informs much of family law, impacting on cases in a simple but vital way.
Unfortunately, when parents undergo a separation and resulting custody litigation, it’s easy to focus on their own interests while seeking an arrangement that works for them. This is a common mistake we see in family law that’s totally understandable. After all, family law is filled with emotionally charged events.
Section 37 states that when BC Family Law courts are making decisions relating to parenting, they must only consider the child’s best interests. While it’s often parents or guardians who bring cases to the court, their interests will always come second. Judges are duty bound to only consider the child, and whatever the most positive outcome for them will be.
To determine what is in the best interests of the child, judges will consider several factors in making their decision. These include the following:
While the need to represent the best interests of a child can result in many different outcomes, BC Family Law courts have generally deferred to shared parenting as their preferred outcome. This is assuming that both parents are reasonably fit to act as guardians, regardless of any shortcomings or disagreements they might have with each other. It’s always highly recommended to seek advice from a family law expert in separation or custody cases.
If you’re dealing with a sensitive family law matter such as a separation or custody of children, the team at Westside Family Law is here to help. Contact us to ensure this sensitive matter is handled properly.
]]>In this week’s blog, we’re going to examine how the process of committeeship works in Canada, the duties of a committee, and how the individuals who form the committee are chosen. Let’s dive in.
In British Columbia, if an adult becomes mentally incapable of making important legal, financial or medical decisions for themselves, the BC Supreme Court has the power to appoint an individual(s) to make those decisions on their behalf. Should an individual know they will soon become incapable of making their own decisions, they have the right to appoint a committee themselves in advance. The committee usually consists of individuals known and trusted by the person in question and may even include a representative from the Public Guardian and Trustee.
If you’ve never heard of the committeeship process, you aren’t alone. In British Columbia, there’s a high legal threshold for the Supreme Court to proceed with appointing a committee. It’s usually done in cases of sudden incapacitation, whether that’s through a mental illness, physical disability, or a degenerative disease with a poor prognosis.
The BC Supreme Court will lean on medical expertise before appointing a committee, with the opinion of two physicians sought when deciding whether an individual is incapable of managing themselves or managing their affairs.
Typically, a committee has complete authority to deal with an individual’s estate once appointed. They have broad powers in areas like finance and medical care, sometimes making life or death decisions, or decisions with big financial impacts upon the estate of the incapacitated individual.
There are important things a committee cannot do on the individuals’ behalf. They can’t change their will, vote on their behalf, or consent to a marriage on their behalf.
Making the decision to act as part of a committee for an individual is a solemn and important responsibility that carries certain legal expectations.
The committee has a financial responsibility to act in the individual’s best interests. In fact, they must put the individual’s interests above their own. This means they cannot mix the individual’s assets with their own, and they must avoid conflict-of-interest scenarios. If the committee cannot meet these requirements, they must notify the court.
The committee does have the power to invest on the individual’s behalf, but they must follow the Trustee Act when making any investments. If an investment is made in areas the Trustee Act doesn’t allow, the committee may have to compensate the individual for any losses incurred.
A committee can be responsible for the following areas:
The committee is also responsible for keeping detailed records of the assets, liabilities and cashflow for the individual’s estate. They must deliver periodic reports to the Public Guardian and Trustee which will be audited.
For the work they carry out, a committee will be paid a reasonable fee. This money is taken from the property owned by the incapacitated individual and the size of the fee depends on the size and complexity of the estate that’s being managed.
This is another reason why it’s important for committees to keep detailed written records of the work they carry out, and the time taken to complete it. The Public Guardian and Trustee makes the decision on the fee each time it approves the committee’s accounts.
If you, or a loved one, is interested in finding out more about Nomination of Committees we’d love to discuss your options. Westside Family Law can assist with any legal questions you may have surrounding estate law. Contact us and we’ll be happy to assist!
]]>The answer is both yes and no. Like most family law issues in BC, it depends heavily on the individuating circumstances and whether contact keeps the child’s best interests at heart. So if you’ve been wondering about the legal rights of grandparents in BC, you came to the right place. In this blog, we’ll take a look at how the courts decide visitation rights for grandparents, what that process looks like, and where it can go from there.
While not on the same level as parental or guardian rights, BC law supports grandparents’ rights to maintain a relationship with their grandchildren so long as it’s in the best interests of the child. You can read more about visitation rights here.
Effectively, the BC Family Law Act takes a mixed approach to dealing with cases where grandparents seek contact time with grandchildren, weighing multiple factors into their decision making. The following are key considerations that tend to come up in such family law cases:
So again, if the child’s parents and the grandparents don’t see eye-to-eye as far as visitation rights, the grandparents must take the onus themselves to prove that it is indeed in the child’s best interest. Grandparents, resultantly, can apply to the court to be granted contact with the child, regardless of the guardianship arrangement that exists with the parents.
No matter the circumstances, it’s highly advised to contact an expert in BC family law. They will help you navigate which court system is best to use depending on your situational specifics, and ensure that your interests are looked after the whole way through. Feel free to get in touch with our Westside Family Law team today.
Before we speak directly to court proceedings, consider the following: If you have been denied contact with your grandchildren, the first step is to try to reach an agreement with their guardians as to when and how you will be able to see them.
If you are able to reach an agreement outside of the courtroom – either between yourselves or with the help of a lawyer, mediator or counselor – then that agreement can later be filed with the court.
However, if there is no room for compromise, the grandparents will need to pursue a court order that will allow them to see their grandchildren. In doing so, the court will consider the following:
Keep in mind that hostile relations between the grandparent and parents of the children could affect proceedings. In extreme circumstances when tensions are sky high, the court may default to the guardians’ right to make decisions for their children if it remains in their best interest to defuse the situation.
How to Divorce A Partner Who Lives Overseas
While the Divorce Act is governed by federal law, the provinces and territories govern the processes for getting a divorce. Once you’ve confirmed that you qualify for a divorce in BC (learn what qualifies here), you or your lawyer will need to apply to the BC Supreme Court to legally divorce your overseas partner.
From there, you and/or your lawyer will be responsible for serving your partner with proper documents notifying them of your application. This tends to be the most challenging aspect. In order to serve a document outside of BC, you will need to ensure the document:
What’s most important to note here is that your ability to serve your overseas partner correctly will heavily depend on either your ability to locate them in-person via an agent, the rules for service laid out by their place of residence, and whether said country has signed the Hague Convention.
Below we’ll discuss what to do if you aren’t sure where your partner resides, but first let’s dive into how the Hague Convention plays into overseas divorce.
The Hague Convention & Divorcing A Partner Overseas
The Hague Convention is shorthand for an international treaty that applies, among other times, when a person residing in a signatory country to the treaty serves family law documents to a person living in another signatory country. In the context of an overseas divorce where both parties live in a signatory state to the treaty, you will need to ensure the notice of divorce adheres to the rules laid out by the Convention if you are unable to serve in accordance with the BC Supreme Court Rules, or the service rules of the state where the other party resides.
Wondering what these guidelines are? For one, you’ll need to ensure the document is serviced through a ‘Central Authority’ – but what qualifies varies from country to country. You’ll also need to ensure the document is translated into an official language of said country. To view the Convention rules around servicing signatory countries in their entirety, click here.
In short, the Hague Convention is quite complex, and confusion abounds. This among many other reasons are why it’s best to reach out to a family lawyer before pursuing a divorce with someone overseas.
Whereabouts Unknown
If you are filing for a divorce from an overseas partner and you do not know the whereabouts of your partner, all hope is not lost.
First, you must make every reasonable effort to find them, which often includes retaining a skip tracer. If unsuccessful, you can then apply to a judge asking for an order of substituted service. This is a court order describing what you must do to ensure your spouse is aware of your filing, within the possible options. These days, electronic delivery of documents via email or social media is a common route you may be asked to take in order to deliver your notice.
Here to Help
Divorcing a partner who is overseas can be complicated as international laws come into play. Luckily, the team at Westside Family Law is here to help. Contact us to ensure this sensitive matter is handled properly. ]]>This blog continues on the topic of adult adoption by providing an overview of how adult adoption works, why adult adoption happens, and circumstances when adult adoption is likely to occur.
]]>Previously we touched on the essential information surrounding adult adoption, and how exactly to go about this process. This blog continues by providing an overview of how adult adoption works, why adult adoption happens, and circumstances when adult adoption occurs.
We recommend you check out our dedicated blog post on adult adoption laws in BC. Nevertheless, let’s go over how adult adoption works at large, as stated in Section 44 of BC’s Adoption Act:
First, an adult adoption order has the same effect as those made with respect to a child. One adult or two adults jointly may apply to the court to adopt another adult.
The court may make the adoption order without the consent of anyone except the person being adopted, so long as the court finds:
It’s highly recommended to speak to an expert before proceeding with an adoption. If you need advice in this area, the dedicated team at Westside Family Law are ready to assist. Contact Us to find out more.
Formalize an existing parental relationship
There is clear sentimental value in having the eyes of the law validate a parent-child relationship. In addition, the process of adult adoption formalizes the parental relationship legally, so all legal documents listing guardians (birth certificates, for example) or dependents will be reissued. Which means the adult child can…
Qualify For Dependent Benefits
One of the most common, tangible reasons for an adult adoption is to enable the adoptive child to qualify for dependent benefits, such as healthcare coverage, insurance policies, and so on.
Become a Primary Beneficiary
The process of adult adoption also provides a clear pathway towards inheriting the parent’s estate (property and assets) when they pass. While a well-executed Will can allocate items to the adult child without legal recognition, any discrepancies or errors are more likely to become a major issue in the courts depending on other parties involved.
Ensure Ongoing Care
For a person of diminished capacity, a recognized parent-child relationship makes it easier to receive support, as the other party is made legally responsible for their decisions and arrangements for proper care. Whether the parent is ageing and needs someone to act as a power of attorney, or the adult child’s health is compromised and requires additional help, the adult adoption can smooth out added difficulties in an already difficult time.
Given the adult child must have lived with the applicant prior to 1) moving out on their own as a teenager, or 2) before reaching the age of consent, there are limited cases in which adult adoption occurs in BC:
Adult Adoption From a Step Parent: This process can solidify the relationship a child has with a significant parental figure while providing coverage and affirming them as beneficiary. Since these relationships can be contentious for the other parent in a joint guardianship scenario, a clear benefit is that there is no need for their consent – only the adult child must agree.
Adult Adoption From Foster Care: If an individual or family has fostered a child and formed a significant bond with them, they may choose to recognize it by legally solidifying the relationship in adulthood. In this way, they become a child’s “forever family” at any age.
Siblings and Adult Adoption: Often, siblings step up to take care of a younger family member – especially when the parent is busy, incapacitated, or incapable of providing acceptable levels of parental support. Whether blood relatives or not, the family members can choose to affirm this parental dynamic in the eyes of the law. Because this can be a sensitive situation for the natural parental figure, many wait until their consent is no longer necessary.
If you have questions about adoption at large, or any related to adult adoption specifically, contact us today to speak with a family lawyer. We’ll ensure this meaningful process goes smoothly the whole way through.
]]>Below, we’ll discuss how BC law decides guardianship, and the scenarios that warrant a judge to grant one parent sole guardianship of their children. We’ll also talk about what factors would not work, and might run counter to your own case. Finally, we’ll touch on what to do in an emergency situation.
(Note: As of March 2021, the Federal Divorce Act now defines what many people may think of as “custody” and “access” by the terms “guardianship”, “decision-making responsibilities” and “parenting time”, consistent with the BC Family Law Act. For more information, check out this blog.
As mentioned prior, the court’s decision rests wholly upon what’s in the best interest of the child. That means considering their physical, emotional, and psychological safety and well-being above all else – including the parents and vested third parties. By considering each caregiver’s character, material conditions, and capacity to parent – alongside other factors like the stability of their living circumstances and the child’s own opinion (the significance of which typically increases as a child gets older) – the judge will come to a decision. Typically, most people’s circumstances will support some form of a joint guardianship arrangement as being in a child’s best interests.
In general, the court must have some pretty serious concerns about a parent's lifestyle, behaviour, and treatment of their child to actually deny a parent guardianship or strip them of it. Such situations may include:
So if by poor decision making, you mean the co-parent is continuously behaving in a way that puts a child in clear physical danger, sole guardianship may be granted by a temporary and/or permanent court order, but typically only if less drastic remedies are ineffective. Resultantly, any and all reasonable concerns should be shared with the court.
Keep in mind that all must be proven in a court of law by evidence. For example, there are high legal barriers that must be met to determine whether “abuse” or “alienation'' is actually happening. Let’s dig into this further…
Separations are fertile ground for high-strung emotions, but it should go without saying that parenting disagreements do not warrant sole guardianship orders on their own. Sufficient evidence must be provided that clearly shows at least one of the above conditions have been met. For example, if one parent does not want their child to be introduced to a co-parent’s new partner, but has no way of proving said person is a danger, sole guardianship is unlikely to be awarded. The same goes for families and other close contacts.
Additionally, a parent’s past conduct and poor decision-making will not be taken into account unless it is directly relevant to their current decision-making parental responsibilities and/or parenting time (i.e. you can’t bring up their shoplifting record as a way to convince the judge into granting sole guardianship).
It’s also extremely unwise to talk poorly about a co-parent – especially to the child – or hold a grudge, as these can be seen as “alienating” in themselves.
The bottom line is: It’s never a good idea to unilaterally act in a way that deprives the other parent of rights under the legislation or a court order. Doing so puts you in violation of the law, and can negatively affect your chances of success with future court claims respecting the children. All of the above issues are better dealt with through the proper channels, including mediation, negotiation, or court, as appropriate for your circumstances.
If a co-parent poses a serious threat to your child and you are worried about their safety in that parent’s care, you may be able to defend a decision to keep the child safe in the more immediate circumstance; however, where possible and as soon as possible, it’s best to go to a court and get an emergency (or interim) order to alter parenting arrangements. It may also make sense to contact the BC Ministry of Children and Family Development or a delegated Indigenous agency.
So in this blog, we’ll take a look at how annulment vs divorce are defined, sought, and differentiated.
When it comes to the differences between annulment and divorce, the primary factor is whether or not the marriage was valid in the eyes of the law.
In other words, a divorce is the legal process that puts an end to a legal marriage/union, whereas an annulment is a court order declaring that a marriage/union was invalid or never existed. As the result of an annulment, a court nullifies any legal precedent declaring a marriage happened.
Keep in mind that both annulments and marriages are granted only when certain requirements are met.
What’s more, an annulment is typically a faster, easier, and less expensive process (but not always). However, annulments are fairly rare in Canada, and much more difficult to qualify for due to high legal barriers. To understand why, let’s dive into the criteria for each.
To successfully annul a marriage, certain legal criteria (commonly termed “legal defects”) must be met that prevents one or both parties from becoming legally married. Such defects include situations where:
If any of the above scenarios are true, note that the BC courts will need sufficient evidence to verify the claim. This could come in the form of sworn affidavits and/or witness statements, medical histories, and legal documents.
The bottom line is: Legal defects can be difficult to satisfy or prove, and they’re not something you can just obtain based on disagreements. If you’re looking to start the annulment process or want to learn more, check out this blog.
One or both parties must prove to the court that the marriage has broken down in at least one of three ways:
Read this blog to find out the steps involved to get a divorce in BC.
Some religions allow for religious annulments or divorces. While this acknowledgment can be symbolically relevant, keep in mind they do not legally cancel the marriage. Legal annulments and divorces must be granted by a Canadian court.
BC law will recognize your marriage so long as it is valid in the original place it was performed. In the same way, the law recognizes valid annulments and divorces.
If the couple was married elsewhere, the federal courts are able to grant a divorce so long as the marriage was seen as valid in Canada, the spouses have been living here for at least one year, and the above requirements for a divorce were met.
The law around obtaining an annulment for foreign marriages, however, is complicated. We recommend getting in touch with an expert that deals with annulment in the original place the marriage first took place.
This comes as no surprise, of course – parental separation marks a period of uncertainty where everything once known goes into limbo. So in this week’s blog, we’ll take a look at what joint custody means in the eyes of the law, and how parents can come together to make sure both parties have a say in the important decisions that shape their children’s lives. We’ll also discuss what happens when disagreements do arise.
Redefining Joint Custody & Who Makes the Decisions
In BC law, the Family Act distinguishes between custody, now termed “guardianship”, and access, now “parenting time”. Let’s take a closer look at how those two concepts affect decision making:
Guardians have parental responsibilities, meaning they have authority to make important decisions about their children, and the right to know this information. This includes decisions around the child’s
With joint guardianship, both parents have a say in these crucial aspects. Whether that means coming to a shared agreement or compromising on certain issues, all decisions must be based primarily around the best interests of a child. Part and parcel to this is the willingness of both parties to be cooperative, supportive, and maintain open lines of communication with one another.
Parenting time is just like it sounds. It defines the amount of time a child spends with each parent, which is usually scheduled out and agreed upon together, or alternatively set by the court. During parenting time, each parent can make day-to-day decisions about their child, such as choices surrounding meals, activities, and bedtimes.
Federal laws follow suit: As of March 1, 2021, the federal Divorce Act replaced “custody “ with the terms “decision-making responsibility” and “parenting time”, similar to the language found in the BC Family Law Act. This shift conveys the vast array of living circumstances that can work for co-parenting situations, and ultimately points to the fact that “family” is a fluid concept.
Best Practices for Decision Making in a Joint Custody (Guardianship) Case
At the time of separation, it is vital to establish a framework for decision making, parenting time, and what to do when conflicts arise. There are bound to be some differences in opinion that pop up over the course of parenthood, so having a plan is your best defence against further riffs that cause undue stress and turmoil – not just for the co-parenting relationship, but for the child too.
As experts in family law, we recommend creating a written parenting agreement. This living document keeps everyone on the same page from the start of the separation process, ensuring complete understanding of how parenting responsibilities will be distributed. As the Family Law Act states, it’s key this plan be made at, or after, the time of separation, as children’s needs change over time and it’s impossible to know how circumstances will evolve. Parenting agreements can be made with or without a lawyer, and may be filed in BC’s court registry for enforcement.
Disagreements in Decision Making in a Joint Custody (Guardianship) Case
In the unfortunate circumstance where significant disagreements arise in a joint guardianship and decision making scenario, there are several avenues for resolution available:
Outside of the court, agreements can be reached through negotiation. This can happen with or without a lawyer present – a factor that generally depends on the nature and severity of the riff. Collaborative negotiation involves each parent hiring a team of specially-trained lawyers (like the ones at Westside Family Law), and agreeing to keep matters out of the court. For a deep dive on the collaborative divorce process, check out this blog.
Another approach is mediation or arbitration. In mediation, parents meet with a neutral third-party (called a mediator) to talk out their differences and find a solution that works for everyone. BC offers the service of trained mediators (family justice counsellors) for free, or a private mediator can be hired. Arbitration similarly involves a neutral party. Like a judge, a family law arbitrator listens to both sides and makes a decision that is legally binding.
Parenting coordinators are qualified under the Family Law Act to resolve disputes through consensus building and/or determination. Like arbitrators, parenting coordinators make legally binding decisions. You can learn more about parenting coordinators in our recent blog.
If those options are exhausted, parents can ask the court to decide. Again, decisions will be based on what’s best for the child, as is the same for all of the above scenarios.
Here to Help
Have questions about child custody arrangements and decision making, need help creating a written parenting agreement for joint guardianship, or want to resolve a dispute? Contact us today to get in touch with one of our family law experts – our team is standing by to ensure you and your child’s best interests are taken care of. ]]>As British Columbia continues to move into the next phase of living alongside COVID-19, BC Courts have once more made changes to how they’re operating. Let’s take a look at what these changes mean in practice.
BC’s Provincial Court is a high-volume court that received 156,241 cases in 2020/21. These cases are booked months in advance, meaning changes that are made now, will likely not be reflected fully until the summer of 2022. That being said, effective April 11, 2022, the BC Provincial Court is rescinding their COVID-19 Health and Safety Protocols. This will impact in-person court attendance in the following ways:
Like the BC Provincial Court, our Supreme Court has also extensively updated their COVID-19 restrictions. Commencing April 11th, 2022, members of the media and public may now attend any proceeding in-person at a courthouse. Attendees can expect the following other changes:
Like the two courts above, the BC Appeals Court has largely dropped all COVID-19 restrictions as of April 11th, 2022. If a party wishes to appear remotely by video conference, they must file a Request to Appear Remotely at least 10 business days before their appeal hearing takes place.
At Westside Family Law, our team is working diligently to represent the interests of our clients in family law cases. If you need any information about BC Courts, or you need representation in a family law matter, contact us and we’ll be happy to assist.
]]>In this week’s blog, we’re going to highlight the important role a parenting coordinator plays, while sharing some of the benefits you’ll enjoy when you work with one. At Westside Family Law, our team possesses years of experience acting as Parenting Coordinators, and we’re standing by to assist.
The main focus for Parenting Coordinators is ensuring co—parents are managing their parenting plan, keeping lines of communication open, and resolving any disputes before they progress. It’s a flexible role that varies based on what a family needs and what a court may require.
A parenting coordinator may monitor parents to ensure they are complying with their parenting agreement; they will educate and offer recommendations on how to solve issues. Ultimately, their main priority is to uphold the best interests of the child while encouraging each parent to do so.
Here are some of the benefits you’ll enjoy by working with a Parenting Coordinator.
A Parenting Coordinator works to smooth out disagreements, offer guidance, and even make decisions for parents when they can’t agree. Their presence prevents many arguments from escalating into litigation, meaning less trips to court, less fees to pay, and more opportunities for parents to make joint decisions on their children’s future. Whenever possible, it’s best to avoid having a judge make these decisions for you. Working with a Parenting Coordinator is a proven way to achieve this aim.
Conflict creates a huge emotional burden for those surrounded by it. No matter how much we try to shield children from the impacts of parental disagreements, it will take a toll on them. Children are more perceptive than we give them credit for. They can sense tension and they will react to it. A Parenting Coordinator works to educate parents on ways to resolve conflicts promptly and peacefully. By promoting collaborative solutions, their presence also avoids lengthy court cases that can drag on for months.
Children learn so much from their parents. When co-parents can communicate well and collaborate in a mature manner, their children see these behaviours and will carry them forward in their own lives. Introducing positive, mature behaviour in a child’s early life will reinforce good habits as they grow and develop.
A Parenting Coordinator is an objective outside observer who brings no biases into the equation. Whether it’s conscious or not, parents can struggle to separate their own issues from the decision-making process surrounding their children. Working with a Parenting Coordinator avoids this issue, developing a deep understanding of what is creating and persisting any conflicts before providing unbiased advice.
Looking to work with a Parenting Coordinator? At Westside, we’ve helped countless clients with this process. Contact us and we’ll be happy to assist you.
]]>Understanding your rights and responsibilities relating to child support is a key way to act on this goal. Not only will it help you to make good decisions about your family, it will also create a platform for collaboration through challenging times. Ultimately, a separated couple with children are still parents, and those children still need your love and support going forward.
In this week’s blog, we’re examining child support guidelines in British Columbia. Hopefully this blog can serve to clear up any misconceptions about this important aspect of family law.
In Canada, children have a legal right to financial support from both parents. Following a separation, both parents have a legal responsibility to provide this support. These rights are enshrined within Canada’s Divorce Act, and are almost uniform in how they’re handled across Canada. The only difference is in Quebec, which follows its own child support model.
British Columbia follows the Federal Child Support Guidelines. These are the rules for calculating the amount of child support one parent must pay to the other parent to support their child/children.
The guidelines work via the principle that both parents should share the same portion of their income with their children as if they still lived together. Monthly amounts are laid out on a clearly defined table that uses the following criteria to assess how much is due:
If parents share custody relatively equally, they have the ability to offset child support according to each person’s income. For example, if the mother owes $500 per month in child support, and the father owes $400 per month in child support, the mother would pay the father $100 per month.
The Child Support Guidelines we’ve discussed cover the basic necessities a child needs such as food and shelter. A question that often causes problems between separated parents is the contentious issue of special expenses. These expenses include, but are not limited to:
In the eyes of the law, both parents are expected to pay a proportionate share of these expenses, in addition to their monthly child support obligations.
As family law experts, the team at Westside Family Law has been a trusted advisor to countless clients going through a separation. Need assistance with any aspect of child support during a divorce? Contact us and we’ll be happy to assist.
]]>BC Family Law is quite clear that if an engagement ends prematurely before the marriage occurs, the ring is to be returned to the party that purchased it. While other provinces have enshrined this position with laws, British Columbia doesn’t have any specific legislation relating to engagement rings. Instead, we must look to legal precedent to find our answers.
In 2016, the BC Supreme Court presided over the case of P.S v. H.R. The court found that the gift of an engagement ring is conditional on marriage, and therefore returnable upon the failure of that condition to transpire:
In British Columbia, the law relating to engagement rings is reasonably well-settled. In Hitchcox v. Harper, [1996] B.C.J. No. 1861, the court pondered competing lines of authority, one which treated engagement rings as absolute gifts not returnable upon a termination of the engagement, and another which treated the gift of an engagement ring as being conditional on marriage and therefore returnable upon the failure of the condition. The court followed the latter line of authority.
But wait, there’s a twist in this particular tale.
Some months following their break-up, the two parties had a discussion in which the intention was made clear for Ms. R to keep the ring as an outright gift.
When Ms. R. attempted to return the engagement ring to Mr. S. he insisted that she keep it and, when she asked “So you’re giving this to me?”, he said “yes”. He suggested she try to take the ring back and use the money to help with her daughter’s wedding. These are words evincing a clear intention to make an absolute gift.
BC Family Courts will typically view the engagement ring as a conditional gift that should be returned to the buyer unless other arrangements are made between the couple. It’s highly advised to record any such arrangements in an official manner to avoid any unnecessary stress in the event of a failed engagement.
Westside Family Law can assist with any legal aspect of the engagement process. Contact us and we’ll be happy to assist.
]]>In British Columbia, every individual has the right to represent themselves in court. Our legal system is taxpayer funded, and self-representation is seen as the individual asserting their rights to constitutional due process.
That being said, self-representation presents a litany of potential issues and pitfalls. If it were simple, there would be no need for family lawyers to exist. It’s often said in our industry, “a man who represents himself has a fool for a lawyer,” and while this statement is pretty harsh, there are plenty of things to be aware of before making the decision to represent yourself in court.
Let’s start with some basics.
The majority of individuals involved in court cases in British Columbia are represented by lawyers. Judges prefer to have lawyers present as they inherently understand how our legal system works. In fact, judges have been known to get frustrated with self-represented individuals for making basic errors or omissions that delay the day’s proceedings.
An individual who is representing themselves in court must be prepared, must keep their cool, and must have the ability to present their case in a concise and structured manner.
Finally, self-representation may seem like a money saver but this idea is a misconception. If you lose your case, you may be forced to pay the other side’s legal costs. This can stretch into thousands of dollars. Working with a family lawyer is proven to lead to more positive outcomes, ultimately saving you money in the long run.
If you’ve made the decision to represent yourself in a BC Family Court, preparation will make all the difference to your outcome. Here are some tips and best practices to put you on the best footing ahead of your case:
Making the decision to self-represent is a difficult one for many people. If you have any questions about the process, or need advice on upcoming legal proceedings, Contact us and the Vancouver Family Lawyers at Westside Family Law will be happy to assist.
]]>Against this backdrop of swooning couples and celebrations, it’s important to take a moment to consider some of the legal aspects of marriage. Couples should consider several key areas where their lives will now be joined. Untangling some of these situations down the road can be messy, but a little prior planning can alleviate a lot of the stress.
In this week’s blog, we’re going to examine several key legal aspects of getting married, and how couples can put plans in place to minimize pain in the event of a separation.
In the run up to a wedding, discussing a prenuptial agreement (marriage agreement) is one of the fastest ways to kill the romantic vibes, but it’s critical for ensuring both parties know where they stand in the event of a divorce. Many couples fall into the trap of believing they’ll be together forever, but with the Canadian divorce rate sitting around 40 per cent, it’s common sense to put plans in place.
A marriage agreement is a legal contract entered into by both marriage parties. It explains the respective responsibilities of each partner during the marriage, and what happens when it ends. It usually explains, in clear terms, the financial responsibilities of each partner relating to items such as property and debt. It also explains how this property and debt will be split if the marriage dissolves.
To learn more about marriage agreements, read our recent blog on Why prenups are important in BC.
Another topic that can be hard to broach for couples before marriage is the question of wills and estate planning. It’s only natural that you’ll want to ensure your spouse is looked after should you die, and sitting down together to discuss your options is highly recommended.
In BC law, the Wills, Estates and Succession Act, which came into effect in March 2014, governs the rules regarding Wills and estate matters. A key aspect of WESA to be aware of is the fact that an existing Will made prior to marriage will continue to be valid after you get married. If you haven’t adequately provided for your spouse in your Will, they have the right to challenge the Will in court. Having this discussion, and clarifying any points before marriage, is highly recommended.
For further reading, check out our recent blog on 5 reasons to create your will now.
While it may seem overly traditional these days, some people still make the decision to adopt their spouse’s surname when they marry. As we covered in a recent blog, assuming your spouse’s surname does not constitute a legal name change under the BC Name Act. However, it does mean the individual changing their name will have to update several documents.
If you’re planning on changing your last name through marriage, make sure to update the following:
You will likely need to show your marriage certificate to action these changes.
Need assistance with any questions about the legal side of marriage? Contact us and the Vancouver Family Lawyers at Westside Family Law will be happy to assist.
]]>Both orders work differently, but both are designed to protect family members from harm. They are meant to be deployed in circumstances in which you feel unsafe but you are not in immediate danger. If you feel like you are in a situation that is immediately dangerous for you, or your family, you should immediately call 911.
In this week’s blog, we’re going to look at family protection orders and peace bonds; how to get either, and the different situations in which each is deployed.
A family protection order is designed to protect you and your family members from violence or the risk of violence from another family member. Courts in BC have recognized that family violence can include numerous behaviours, including the following:
Protection orders are obtained through the BC Family Law Act and are typically applied for through the BC Provincial Court, although they can also be applied for via the BC Supreme Court.
In the BC Provincial Court, to apply for a protection order, you simply need to complete the Preparing an Application About a Protection Order form. There are no costs associated with applying for a protection order in the BC Provincial Court; it is free. You file the completed form and attend the court hearing.
However, there are costs associated with applying for a protection order in the BC Supreme Court. It typically costs $80 or $200, depending on whether you already have a case before the court. If you apply for a protection order in the BC Supreme Court, you will also have to complete and present additional information to the courts, namely an affidavit and a notice of application.
As per section 183(5) of the Family Law Act, a protection order will expire after one year, unless the courts declare otherwise. If the court does not declare otherwise and the protection order expires, you will need to re-apply for it if you still need protection.
The key difference between a peace bond and a family protection order is that a peace bond can be taken out against anyone, not just a family member. As such, a peace bond is obtained under the Criminal Code of Canada.
Applying for a peace bond in BC is a relatively simple process. An individual must contact the police, explain why they feel under a threat of violence, and ask the police to put a peace bond in place. If the police believe that the threat of violence is legitimate, they will enlist the services of a government lawyer and begin the process of putting a peace bond in place.
Like a protection order, peace bonds expire after one year and must be re-applied for if the threat persists.
At Westside Family Law, we have helped countless clients navigate the protection order and peace bond process. If you have any questions, or need to discuss your unique situation, contact us and we’ll be happy to help!
]]>Should that marriage end in separation, many women prefer to revert to their maiden name or birth name. Luckily in British Columbia, this process is not as difficult as many people believe. In this week’s blog, we’ll examine the steps involved in changing back to your maiden name in BC.
In British Columbia, assuming your spouse’s surname does not constitute a legal name change under the BC Name Act. As such, assuming your spouse’s surname does not require any legal action, and the requirements set for changing documents like Driver’s Licence, Passport or Services Card are unique to the issuing authority. You will have to ask them for their specific requirements to change your surname.
Similarly, if you assume your spouse’s surname upon marriage, you are also free to revert to your maiden name or birth name at any time. It also does not require any legal action. However, you will need to present your marriage certificate and birth certificate/Canadian citizenship to various issuing authorities (i.e. banks, driver’s licensing office, etc.) to prove the link between the two surnames.
A Canadian Citizenship certificate will list your legal name at the time you became a Canadian citizen. If you became a citizen with your spouse’s surname, then that is the name Canada knows you as. You will be unable to revert to your former name without following the legal name change process in British Columbia.
In British Columbia, there are two main ways of applying for a legal name change.
You can apply and pay online with a credit card using the BC Province’s online services. This option is open to individuals aged 19 or older, who are changing their own name and not the names of any children.
Alternatively, you can complete an Application for Change of Name (VSA 529) form. This form is ideal for those looking to simultaneously change their children's names. The completed form can be delivered in-person to any Service BC location, or mailed to the following address:
Vital Statistics Agency
ATTN: Confidential Services
PO Box 9657 Stn Prov Govt
Victoria, BC
V8W 9P3
Need legal assistance with any aspect of the legal name change process? Contact us and the Vancouver Family Lawyers at Westside Family Law will be happy to assist.
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