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What Happens When You Want to Appeal an Order Made Against You in Family Court
To appeal an order made against you in family court, you will need to convince the court to stay the order so as to ensure that the status quo immediately prior to the making of the order is preserved. When considering whether to stay the order under appeal pending the outcome of the appeal, the…
Help, My Spouse Wants to Kick My Out of the Family Home!
Is it legal in BC for your spouse to kick you out of your shared home and assume exclusive possession of said home? The answer is technically yes but, you would have to meet very specific conditions. The court does not easily grant an order ejecting someone from their own home. To ask for exclusive…
Who Keeps the Ring After Separation?
Separation from your spouse or fiancé(e) can be a very testy time in your life and you may have many questions during this time, including: who keeps the ring? In British Columbia, according to the BC Family Law Act, the gift of an engagement ring is considered a conditional gift. This means that it is…
Challenging a Prenuptial Agreement
A prenuptial agreement, also known as a marriage agreement or a cohabitation agreement, is an agreement that you enter in before you marry your spouse or before cohabitation with a significant other. This agreement covers things like property, debt, spousal and child support, and is a guideline as to how you will split your assets…
My Spouse Isn’t Paying Enough Child Support!
So you and your spouse have split up and you’re thinking that you should be owed more child support than is currently being paid. In BC, child support is calculated using the Federal Child Support Guidelines along with the parent’s gross income. But what happens if your spouse tries to pay less than what they…
Escaping an Abusive Spouse
If you find yourself in a situation where you feel the need to escape from an abusive spouse, you may be wondering what steps you’ll need to take. How can you protect yourself? Your children? There are a few possible paths you can take depending on your situation. Report to the Police If you think…
Why We Are Ditching the Term “Custody”– Parental Responsibilities in BC
No more “custody”? 2019 brings a change to family laws in Canada, specifically regarding parental responsibilities in the Divorce Act. The goal of this change is to improve the act so that it promotes the best interests of the child. One of these changes includes removing the term “custody” while introducing the concepts of “parenting…
TENANCY IN COMMON v. JOINT TENANCY
When owing property in British Columbia with one or more other persons, you can own that property either by way of Joint Tenancy or Tenancy in Common with your other co-owners but what exactly does this mean? 1.What is Tenancy-In-Common? Tenancy-In-Common is a form of co-ownership whereby each person owns an undivided share in the…
WHAT DO YOU MEAN MY CHILD DOESN’T WANT TO SPEND TIME WITH ME?
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…
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…
HOW LONG IS CHILD SUPPORT PAYABLE?
As discussed in a previous post, child support is an ongoing periodic payment made by you or received by you for the financial benefit of your child. To answer the question for how long child support is payable in your particular case – you must first determine if the child support is payable under the…
Burnaby and Vancouver Family Law, Committeeship, Wills & Estates Lawyer 