What’s an Examination for Discovery?

If you have a proceeding that’s going to trial, you may encounter a step in the process called an Examination for Discovery (XFD). While examinations for discovery are not mandatory, they can be very important in respect to your trial.

So, what exactly is it? An examination for discovery is a meeting where a party asks the opposing party questions about the issues in dispute. Since these meetings are under oath and will be attended by a court reporter who will prepare a transcript that can be used at trial, this is a great opportunity to gather more information from the opposing side, explore contradictions in their facts, and gauge what their conduct will be like at the trial.

Some examples of the things that can be done at an examination for discovery are:

Pin down admissions
Discover additional facts you may need for trial by asking questions about documents
Discover the strengths and weaknesses of your case to prepare for trial
Make requests for documents
Narrow down your issues
Get a sense of how the witness or their lawyer will act at the trial

Because everything you say will end up on the transcript and could potentially be used as evidence in trial, it is vitally important to be well prepared for an examination for discovery. This meeting is also one of the first opportunities to meet the lawyer of the other party, so it is important as well to make a good impression.

If you need advice regarding Examinations for Discovery, consult Vancouver and Burnaby family law lawyer Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia at andrew@resolutionslawcorp.com or 778-372-7107.

What’s a Judicial Case Conference?

In any family law proceeding, it is almost always mandatory to arrange a Judicial Case Conference (JCC).

But what exactly is a Judicial Case Conference? A JCC in British Columbia is a private and informal meeting between the parties, their lawyers, and a Supreme Court judge or master. It’s an opportunity to discuss and resolve some or all of the issues regarding your case without having to go through further litigation and trial.

What happens in a Judicial Case Conference?

JCCs are confidential and held off the record. Although there is a recording made of the proceeding, you are not allowed to have a copy of the recording without the judge or master’s permission.

The following are examples of what the judge or master may do at a JCC:

Identify issues and explore how they may be resolved
Make orders to which all the parties consent
Refer you to a family dispute resolution professional or a family justice counsellor
Reserve a trial date
Give a non-binding opinion on the probable outcome of a hearing or trial

Outcomes of a Judicial Case Conference:

In a best-case scenario, a settlement would be reached with the judge or master making a consent order on the spot, thus ending the hearing and saving you lots of stress as well as money and time that would otherwise be spent on further legal action.
However, if further legal action and trial is necessary, the JCC provides an opportunity to set a plan for the litigation that will ensure the trial is heard and a decision is made in a just and timely manner.

A Judicial Case Conference is a very important stage of any family law litigation in BC and should be used wisely and efficiently. It always helps to come into a JCC well prepared, with a plan or with strategies as to how to resolve your case.

If you need advice regarding Judicial Case Conferences, consult Vancouver and Burnaby family law lawyer Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia at andrew@resolutionslawcorp.com or 778-372-7107.

WHAT DO YOU MEAN I HAVE TO PAY CHILD SUPPORT…THE CHILD ISN’T EVEN MINE….

Even though that child living with you is not even your biological child, you may be liable to pay child support for a child of your spouse.

In the case of married couples, the Divorce Act imposes a clear obligation on spouses to financially support any “children of the marriage” which include “any child for whom they both stand in the place of parents” as well as “any child of whom one is the parent and for whom the other stands in the place of a parent.” In other words, liability for child support under the Divorce Act arises where you or your spouse assumed a parenting role for the child in question. The courts look at the following factors when determining if a parent/child relationship has been established between spouse and step-child:

the step-parent’s intent to treat the child as a member of his or her family;
the extent of the child’s participation in the newly-formed family;
the nature and extent of any discipline imposed by the step-parent;
whether the step-parent holds out to the child, family and others that he or she has responsibility toward the child;
the nature of the child’s relationship with the step-parent;
whether the child refers to the step-parent as “dad” or “mom” (as the case may be); and
the extent to which the original biological parent (i.e the one “replaced” by the step-parent) has an ongoing personal and financial relationship to the child.

In the case of common law couples, liability for child support arises under the Family Law Act of British Columbia where a spouse has contributed towards the support of a stepchild for a minimum period of one year although a step-parent’s liability to support a child is secondary to that of the child’s biological parent. In determining, liability for child support with respect to a step-child, the courts will look at the following factors:The length of the relationship;

The length of the relationship;
The family’s spending habits;
- Who paid the household expenses;
- The step-parent’s direct and indirect contributions to the child.

Contributions as minor as including a step-child on an employee benefits’ program through work may attract liability to pay child support for a step-child under the Family Law Act of British Columbia.

To determine your liability to pay or your entitlement to claim for a child in a blended family situation is often not clear and only a lawyer familiar in family law principles can provide you with the advice you need.

If you are being asked to pay child support for a step-child or wish to claim child support from a spouse who is not the biological parent of your child, consult Vancouver & Burnaby Family Law and Child Support lawyer/attorney Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia andrew@resolutionslawcorp.com or 778-372-7107

WHAT DO YOU MEAN MY CHILD DOESN’T WANT TO SPEND TIME WITH ME?

APXPDB Angry Argue Mother Parent Shouting Son Teenager

When determining the amount of time that parents may exercise parenting time with their children, the Courts of British Columbia will always look only to the best interests of the children. Usually, in the absence of a court order or written agreement, the biological parents of the children are joint guardians of the children and are entitled to exercise parenting time with the children provided it is in the best of the children.

When determining whether a parent exercising parenting time is in the best interests of the children, the Courts of British Columbia will consider the views of the children unless inappropriate to do so. But what does this practically mean?

For children under the age of 6, the courts will give literally no weight to the views of a child as to how much parenting time he or she should spend with each parent and under what conditions. When a child is between 7 to 11 or 12, the courts will actually consider the child’s views but it is unlikely that such views will be determinative on the court’s decision as to parenting time. However, when the child is over the age of 12 and under the age 15, the courts will seriously consider the child’s views unless there is evidence of the child being alienated from one parent by the other parent. When the child is over the age of 15, even where there is evidence of alienation, the courts will often be hesitant to make an order in contravention of a child’s stated wishes without being convinced that a framework has been put into place for re-unification of the alienated parent and child. The courts view 16 as being an age where teens must be given a “significant measure of autonomy” as to whether a court ought to order a teen to spend time with a parent.

If you are being denied parenting time with your children, consult Vancouver & Burnaby Family Law and Child Support lawyer Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia andrew@resolutionslawcorp.com or 778-372-7107

HOW LONG DO YOU HAVE TO PAY SPOUSAL SUPPORT ANYWAY?

Simply put, spousal support is the support you pay or receive from your spouse upon breakdown of your common law relationship or marriage with that person.

For how long you will receive or pay spousal support depends upon a number of factors:

Length of relationship or marriage;
Age of the spouse receiving the support;
Age of youngest child;
Education level of the spouse receiving the support;
Work history of the spouse receiving the support;
Financial means of both you and your former spouse;
Roles and functions each of you and your spouse performed during the relationship/marriage;
What are the needs of the recipient spouse to achieve financial self-sufficiency such as extra training or education

This list is not intended to be exhaustive and other facts may come into play such as the health of the recipient or even the payor spouse. The introduction of the Spousal Support Advisory Guidelines in 2008 was to give some predictability to court decisions governing the duration of spousal support by applying mathematical formulas based upon prior court decisions on this issue.

If you or a loved one is in a relationship and you wonder how long you may have to pay or be entitled to receive spousal support, timely legal advice and representation can be had by contacting Vancouver and Burnaby spousal support family law lawyer Andrew Rebane at Resolutions Law Corporation, andrew@resolutionslawcorp.com or 778-372-7107

WHAT EXACTLY IS CHILD SUPPORT?

Whether you are being asked to pay child support or are seeking child support, it is important to know exactly what constitutes child support.

Child support is an ongoing periodic payment made by you or received by you for the financial benefit of your child.

In British Columbia, child support is made up of two components:

1.Table Amount of Child Support

The first component of child support is a fixed amount that is paid monthly by you or received by you as set out in the child support tables in the Child Support Guidelines. The Table Amount of Child Support is to cover shelter, food, and day to day living expenses of your child. The quantum of Table Amount of Child Support that is payable by you or received by you is determined by line 150 of yours or the other parent’s T1 Tax Return of the previous year. Sometimes, where income has fluctuated wildly, the court will take an average of yours or the other parent’s last 3 year’s income as set out in the payor’s line 150.

2. Special or Extraordinary Expenses

In addition to the Table Amount of Child Support above, you may be required to pay or entitled to claim expenses provided such expenses are necessary in relation to your child’s best interests and the reasonableness of the expenses in light of your income and the income of your child’s other parent, and how you and the other parent spent money prior to separation. Special or Extraordinary Expenses are usually not fixed and are shared between you and your ex in proportion to your respective incomes. Special or Extraordinary Expenses include

child care expenses, medical or dental insurance premiums for your child;
out of pocket medical expenses that exceed $100 annually including orthodontics, glasses, professional counselling, speech therapy, prescription drugs, hearing aids;
primary or secondary school educational expenses or any other educational expenses including tutoring that meet the child’s particular needs;
expenses for post-secondary education; and
expenses for extracurricular activities.

The list above is not comprehensive and the courts have allowed claims for expenses that do not strictly fall within the list above and have denied claims even when such expenses fall within that list. An experienced family lawyer can advise you whether a court will allow or deny a particular claim for a Special or Extraordinary Expense.

If you are being asked to pay or are seeking to claim child support, consult Vancouver & Burnaby Family Law and Child Support lawyer Andrew Rebane at Resolutions Law Corporation, Burnaby, British Columbia andrew@resolutionslawcorp.com or 778-372-7107