Family Law – Family Lawyers Victoria

Keeping Aboriginal Kids Safe

FamLawAdmin — Fri, 03 Feb 2023 17:00:10 +0000

This booklet explains the child protection process for Aboriginal families. You will learn what you and your community can do if the Ministry of Children and Family Development or a delegated Aboriginal agency removes your child from your home.

It also includes information on:

how delegated Aboriginal agencies work
how mediation can help you stay out of court
what’s involved in the court process
how the Extended Family Program can help you take care of your child
a flow chart of the process for child protection cases that involve Aboriginal children

Download the Keeping Aboriginal Kids Safe Booklet

This is general information only and is not legal advice. For legal advice, consult family lawyers in Victoria.

Commentary: Marriage is not a rugby match

FamLawAdmin — Tue, 03 Jan 2023 17:00:21 +0000

A fraught legal issue bubbled up to the surface at the ABCA in Gardiner: should the common law continue to recognize the legal effectiveness of consent in the context of domestic assaults (which otherwise do not reach the Jobidon threshold, namely, of bodily harm, both intended and caused)? The majority, in allowing Mr. Gardiner’s appeal, largely ignored this “difficult policy” issue but expressed concern that “[i]f the consent was never recognized…both participants in a consensual domestic fight would be guilty of assault” (2). Madam Justice Bielby, dissenting in the result, opined that the domestic violence may be “another situation” where consent ought to be ineffective on policy grounds (30-31).

Read the full commentary: Marriage is not a rugby match

This is general information only and is not legal advice. For legal advice, consult family lawyers in Victoria.

Parents’ Rights, Kids’ Rights

FamLawAdmin — Sun, 18 Dec 2022 17:00:19 +0000

Parents’ Rights, Kids’ Rights is a parent’s guide to child protection law in BC. The booklet explains what happens if the Director of Child Protection has concerns about a child’s safety or plans to remove a child from the family home.

The booklet includes information on the process:

collaborative (shared) planning and decision-making options to stay out of court
what can be decided in court at the presentation and protection hearings
a flow chart with an overview of the child protection process
community services and legal help
definitions of terms used in the booklet

Download the booklet: Parents’ Rights, Kids’ Rights

This is general information only and is not legal advice. For legal advice, consult family lawyers in Victoria.

Summary: Husband’s Deceit Leads to Unequal Division of Property

FamLawAdmin — Sat, 03 Dec 2022 17:00:57 +0000

The two parties married in India in 1977 and separated 37 years later. When they separated, the couple had property in British Columbia, Arizona, India, and Palm Springs. Their family property was valued at about $6 million and was to be divided evenly between the two spouses. A trial and appeal to the reapportion of assets to Ms. Singh took place due to Mr. Singh’s deceitful evidence. He had conducted in a way to avoid paying his wife’s legal fees during litigation.

Read the full summary: Husband’s Deceit Leads to Unequal Division of Property

This is general information only and is not legal advice. For legal advice, consult family lawyers in Victoria.

Family Law Resource: FamiliesChange.ca

FamLawAdmin — Wed, 03 Aug 2022 16:00:03 +0000

FamiliesChange.ca is an online resource for Parents, Teens, and Kids who are going through family separation. The site has animations, texts, videos, activities, worksheets, tips and an online game to help your family and youth better cope with separation or divorce.

Visit the site FamiliesChange.ca to learn more.

This is general information only and is not legal advice. For legal advice, consult family lawyers in Victoria.

Summary: Blaneys Appeals July 20 to 24, 2020

FamLawAdmin — Sun, 03 Jul 2022 16:00:10 +0000

The parties entered into a prenuptial agreement (the “marriage contract”) immediately before their marriage. The contract waived any entitlement to spousal support and provided that the parties would be separate as to property. After seven years of marriage, the parties separated. Eventually, the husband brought family law proceedings claiming equalization of net family property and spousal support. The wife defended by relying on the marriage contract as a complete answer. He replied by asking the court to set aside or rescind the marriage contract on the basis that he had signed it without financial disclosure, without legal advice, under duress, and under a clear power imbalance. Although the husband commenced the proceeding within the six-year limitation period for equalization claims under the Family Law Act, s. 7(3)(b), more than two years had elapsed since the parties separated. The wife’s position was that the request to rescind the marriage contract was out of time.

Read the full summary: Blaneys Appeals July 20 to 24, 2020

This is general information only and is not legal advice. For legal advice, consult family lawyers in Victoria.

Family Law Resource: Dial-A-Law

FamLawAdmin — Fri, 03 Jun 2022 16:00:54 +0000

Dial-A-Law provides legal information prepared by lawyers, including family law in British Columbia. The service is free and is offered in English, Chinese and Punjabi. You can to listen to the information (1-800-565-5297) or read the text online.

Operated by the Canadian Bar Association British Columbia Branch (CBABC), Dial-A-Law shares over 20 topics in Family law. You can build a good foundation on the rights and responsibilities of spouses and parents. This is a great place to start if you or your family is going through a separation or divorce.

Visit Online Help Guide: Families Change to learn more.

This is general information only and is not legal advice. For legal advice, consult family lawyers in Victoria.

Summary: An interest in a trust may be considered a family asset

FamLawAdmin — Sat, 02 Apr 2022 17:09:48 +0000

The Appellant, John Saunders, and the Respondent, Jacqueline Purtzki, separated in early 2011 after 11 years of marriage. He is a lawyer while she is a specialist physician. The parties share custody of two children, aged 11 and 16. In October 2012, the Respondent filed a notice of family claim under the Family Relations Act (FRA).

Read the full summary

This is general information only and is not legal advice. For legal advice, consult family lawyers in Victoria.

Court Resolves Dispute Over Sentimental Item to Avoid Further Estate Litigation

FamLawAdmin — Thu, 03 Mar 2022 17:00:09 +0000

When an estate is being split, sometimes siblings fight over sentimental items that belong to the deceased which have no little to no monetary value. This may be the only thing that causes disagreement. When this happens, because the heirloom is considered estate, the Court can rule to whom the item goes.

In the case of Rhodes v. Myers 2021 BCSC 2043, the Court helped the parties determine where an heirloom ring was to be directed to to avoid further time consuming and expensive estate litigation.

Read the full commentary: B.C. Case Comment: Court Resolves Dispute Over Sentimental Item to Avoid Further Estate Litigation

Plaintiff not a “Spouse” of the Deceased – Appeal Dismissed

FamLawAdmin — Fri, 18 Feb 2022 17:00:24 +0000

In estate law, having the status of a spouse entitles you to a share of estate of a deceased one. If there is a will, the spouse can claim to vary the will if it does not provide adequately. If there is no will, then the spouse is entitled to a preferential share of the estate.

In this case, the deceased had children with five different women. One of these women, Mother 1, appealed the decision by the B.C. Supreme Court that she was not a spouse and was dismissed as she did no have marriage-like relationship with the deceased.

Read the full commentary: Plaintiff not a “Spouse” of the Deceased Entitled to a Share of his Estate – Appeal Dismissed