By Brittany Koenig, Paralegal Navigator, Calgary The legal process of a family law matter can be emotionally taxing for everyone involved and can often exacerbate pre-existing mental health issues.
Under Section 81 of the BC Family Law Act, all property that is "family property" is divided equally, as is "family debt", regardless of respective contribution or use.
After separation, one of the most common disputes in a family matter is how parenting time should be allocated. Parents often insist that they are entitled to equal parenting time, and that their “parental rights” should be respected and enforced.
The issue of travel may arise from time to time, and it is up to you and the other parent or guardian(s) to agree on what travel looks like with your kids.
Since the Family Law Act came into force, courts have been tasked with examining family violence more thoroughly.
Gaining in popularity, legal coaching is an unbundled legal service that allows you to hire a legal helper to do a specific job for you.
In any legal matter, your role as a self-represented litigant is to present information to a judge that will help prove or disprove the facts of your case.
There is not one way to define family violence, and family violence is not always obvious to observers (even those trained to look for it), as it can sometimes take the form of coercive control.
Financial statements, whether in British Columbia Provincial Court or Supreme Court, are considered important and required in certain family law matters where a party is seeking an order for child support, spousal support or property division.
When you think of the emergency room at any major metropolitan hospital, the first thing that comes to mind is the sheer number of people who are standing around, waiting to be called upon and triaged by a nurse who will ultimately hear you out and then put you in another queue.
You’ve seen it dramatized in movies and TV shows, someone is ambushed, and a manila envelope is thrust upon them with the declaration “you’ve been served!”
What is a priority parenting matter and how can I bring an application in BC Provincial Family Court?
When parties separate, there is usually some aspect of contention. What was once a unified decision-making process, now entails both parents bringing their own opinions to the table on what is best for the child.
If you are filing an application for child support at the Court of Queen’s Bench in either Edmonton or Calgary, you are required to book a meeting with a Dispute Resolution Officer (DRO) in Calgary or a Child Support Resolution (CSR) Officer in Edmonton, but what does that involve?
Non-disclosure of financial assets is typically the biggest challenge in family law as it is an important step to start or progress your matter.
In the context of family law, guardianship is often lumped in with parenting, but it is important to understand that these are distinct legal concepts and to be aware of any powers and entitlements that come with being a child’s legal guardian.
Lawyers provide a valuable service to their clients, but legal services are not cheap. Legal bills can be challenging for many families to afford, particularly when engaged in ongoing and high-conflict family law litigation.
Applying to the Court should be your last resort, but you have already made every reasonable effort to resolve your family law conflict and you still cannot find a way to work it out.
Arbitration is a good alternative dispute resolution option for family law conflicts as it is generally more cost effective than Court and there is more flexibility over the process. But what is arbitration, and how does it work?
Before I became a lawyer, I had this naive T.V. inspired understanding of the justice system.
An affidavit is a document that outlines your statement of facts and supports your evidence. It basically tells your story in relation to the family law matter that you would want a judge to know about.
In the context of family law, mediation is a process where parties come together with a neutral third-party (the mediator) to share and discuss identified issues regarding divorce, separation, or other family law matters in hopes of resolving those issues by way of a mutual agreement.
In Canada, child support payments are designed to ensure that children from dissolved marriages or relationships are adequately supported as it is a legal right of the child.
Family Justice Counsellors are trained professionals and accredited mediators who help families resolve various issues related to their family law matter.
Everyone in Canada has the right to represent themselves, that means you can appear in court on your own behalf and do not need to hire a lawyer.