Grandpa and Grandma: Becoming Parents All Over Again We have successfully represented BC grandparents in obtaining them custody guardianship, access and visitation rights. Under section 35 of the Family Relations Act, any person or persons may be granted custody of or access to a child . The reference to persons in this section includes parents, […]
Varying or Setting Aside Unfair BC Separation Agreements
We are often asked to review BC separation agreement or BC marriage agreements with a view to setting the BC separation or BC Marriage agreement aside and Shelagh Kinney of our BC Family Law office had a nice win recently in a case on behalf of the wife in L v. L, a BC Supreme […]
BC Law on Varying or Setting Aside Unfair BC Separation Agreements or BC Marriage Agreements 2010 Update
We are often asked to review BC separation agreement or BC marriage agreements with a view to setting the BC separation or BC Marriage agreement aside and Shelagh Kinney of our BC Family Law office had a nice win recently in a case on behalf of the wife in L v. L, a BC Supreme […]
BC Child Custody and BC Child Mobility Update – Moving a Child Away
BC Child Custody and BC Child Mobility or change of residence cases often involve the need by one parent to move themselves and their child away from their existing residence- classified as BC child mobility or change of residence- to return to be closer to family support, to move away to obtain a promotion or […]
BC Case Alert-Unmarried Couples, BC Marriage Like Relationship and BC Spousal Support
P.P.W. v. R.S.L.B., 2010 BCSC 58 – 2010/01/15 Is an interesting BC unmarried couples, BC common law and BC marriage like relationship case where the BC Supreme Court had to determine if unmarried parties lived in a marriage like relationship” for a period of two years sufficient to justify entitlement to a spousal support award. […]
Adultery and Misconduct in BC Divorce and British Columbia Separation
Many BC divorce and British Columbia Separated parents involved in a BC child custody case think their chances of receiving child custody, more or less support, or a larger share of the family property will change if their spouse has had an affair. In reality an affair has little if any impact on the issues […]
WHAT INCOME IS USED FOR BC SPOUSAL AND BC CHILD SUPPORT FOR A SELF EMPLOYED BC OWNER OF A BUSINESS?
Warning-Pre tax profits are the default guideline income for spousal and child support. We often warn our family clients involved in a BC spousal or child support case that the tax return of a BC self employed spouse does not present an accurate picture of the income that the court will use for determining guideline […]
BC Separation Law for Divorcing and Separating Common Law and Unmarried Spouses
We as British Columbia family law and BC divorce lawyers as well as lawyers acting for unmarried couples are often asked to explain the differences in law that applies to divorcing as opposed to separating unmarried couples. There are several differences between the legal rights of individuals separating from a marriage versus those that are […]
BC SPOUSAL SUPPORT REVIEW ORDERS AND ATTRIBUTED AND IMPUTED INCOME TO RECEIPIENT SPOUSE AND ONUS AT BC SPOUSAL SUPPORT HEARING REVIEW HEARING
The Supreme Court of Canada established defined the limited situations when a BC spousal support review can be ordered on BC spousal support awards in the Leskun. The British Columbia spousal support review order is still used as a tool to encourage a reluctant spouse to take steps to move in part or in whole towards self- sufficiency.
BC FAMILY ASSETS AND BC PROPERTY DIVISION AND BC FAMILY ASSET VALUATION ISSUES IN SPECIE DIVISION OF FAMILY ASSETS
Many BC Family Law and British Columbia divorce clients who have BC family assets and who are dividing BC family assets may be missing the boat on getting their fair share of BC family assets or other or BC business assets when an asset at the time of trial or division in a separation agreement has no current value but which BC family asset has the potential to increase in value in the future. Where a BC commercial property or BC business asset or BC patent asset currently has no value a good BC Family Law lawyer should ensure that you do not simply transfer your one half share in this BC family asset to the other spouse for no value.
