The Interplay of Family & Estate Law in British Columbia
Tolstoy wrote at the beginning of Anna Karenina: ‘Happy families are all alike, every unhappyfamily is unhappy in its own way.’ That unhappiness often finds its painful way into acourtroom.
The Current State of the Law of Family Property in BC: When Will a Judge Order Unequal Division?
https://heritagegroup.notion.site/The-Current-State-of-the-Law-of-Family-Property-in-BC-When-Will-a-Judge-Order-Unequal-Division-34a78aeeda5e40168ed8f89f15846518
The Changes to the Federal Divorce Act (Canada)
The recent changes to the Divorce Act (Canada) were implemented under Bill C-78, which received Royal Assent on June 21, 2019 and came into force on March 1, 2021. There are a number of changes that Bill C-78 impose, and it is important to familiarize yourself with these changes as they affect your circumstances. There [...]
Can Moving Out Of The Country Get You Off The Hook From Paying Child Support?
Mayall v. Kebarle - 2018 BCSC 170 Can moving out of the country get you off the hook from paying child support? A recent BC decision says no. While moving to Belize may let you escape the cold weather, it will not release you from your legal obligations. Courts will grant child support variations if [...]
Family Justice Reform in British Columbia & the Northern Navigator Initiative: A Preliminary Review
Looking south into downtown Dawson Creek, B.C., with the Alaska Highway Mile "0" post. Abstract This paper looks at the problem of diminishing access to family justice in British Columbia from a court users perspective. It considers the current state of the justice system and family law in British Columbia and looks at two [...]
Conflict Analysis and Intervention Selection for the Parenting Coordinator: Strategies for Success
No one who practices family law in the trenches has any doubt about the destructive nature of custody disputes and the long term adverse consequences of parental conflict upon the wellbeing of children. It is beyond frustrating and disheartening to watch children trapped in the vortex of their parent’s disputes. Parenting coordination is a relatively [...]
Contemplating Divorce
Safety First If you are subject to family violence, whether physical, sexual, emotional, psychological or financial – it is never okay. If you are in immediate danger, call the police right away – 911. When the danger is not immediate, help is available through VicimLinkBC. It is a toll-free, confidential, multilingual telephone service available across [...]
The Inclusion of Exclusions: what you need to know
Recent case law arising from the interpretation of the Family Law Act (the “FLA”) in British Columbia reveals two distinct positions on whether deemed excluded property from the commencement of a martial relationship remains excluded after being transferred into joint tenancy or after being used for a family purpose. Essentially, there is a differing opinion [...]
Free Family Law Legal Clinic
Family law lawyer Carlos Garcia, LL.B./JD, LL.M. of Heritage Law is offering a one day free legal clinic to North Shore residents to provide information you need to know to help you get through a difficult time. Bring your questions with respect to: custody and parenting support payments property settlements separation and divorce When: [...]
