Family Law Blog

The main guiding principle in all cases involving guardianship, parental responsibilities, parenting time, and contact with a child in British Columbia is the best interests of the children. Unfortunately, this sometimes gets forgotten in the emotional turmoil of separation and divorce. What does it mean exactly—and how are the best interests of children determined by […]

After divorce or separation in BC, parents must decide two key matters regarding the children: how to make important decisions such as healthcare, extracurricular activities, education, religious upbringing, etc., and how to divide the children’s time between the parents and other important people in their lives. Laws concerning these matters are codified in both the […]

After a marriage breaks down, spousal support can be one of the most contentious issues on the table. In a nutshell, spousal support is calculated according to the length of the marriage, the needs of the lower-earning spouse, and the ability to pay for the higher-earning spouse. However, other factors can be considered during the […]

Once a British Columbia court orders spousal support to be paid by one spouse to the other, that support must be paid according to the terms of the order—unless there is a court-ordered modification or termination of the support. The payor has a legal obligation to make these payments to the recipient, or various enforcement […]

Parents need to finalize child custody matters before a divorce will be granted in British Columbia. In most cases, after separation, both parents are involved in the decision-making processes for the children, who spend approximately equal time with each parent. However, this is not always practical or considered in the best interests of the children. […]

Some divorces in British Columbia are not only contested over the settlement terms but also over the need to get a divorce in the first place. One spouse may feel that the marriage has broken down irretrievably while the other spouse feels that they can “work it out.”  Certain requirements must be met for a […]

Divorce is a legal process that ends a marriage, requiring spouses to follow a well-defined set of steps before they are legally considered divorced.  No two divorces are the same, but it helps to understand the standard processes and the potential pitfalls you may encounter along the way.  Not all divorces in BC are acrimonious […]

When a married couple separates in British Columbia, each spouse has a set of legal rights and responsibilities covering issues like parenting, property division, and support. But do the same rights apply to common-law separation? Partners who decide not to marry and, instead live together in a marriage-like relationship, do enjoy many of the same […]

Separations and divorce are often stressful times. Whether you have been together for two years or 30 years, it can be tough on both your physical and mental health. If there are dependent children from a marriage or common-law relationship, this only adds to the difficulties faced when parting. Judges in British Columbia try to […]

Child support in BC is the right of the child and parents cannot negotiate away the requirement to pay it. Such support is seen as essential in fulfilling the parents’ responsibility to support their children and to satisfy the rights of the child to have his/her needs fulfilled. Consequently, failure to pay support is treated […]