Child Custody and Access

We at First Law have found that many clients don’t really have a good idea of what to expect from their lawyer or from the litigation process as a whole. So we thought that we’d put some thoughts together to give clients some context. This time we’re concentrating on documents related to decision making regarding children and living arrangements for children. Next time we’ll comment on documents related to child support.The legal system is very document intensive. It is always...

A 2013 Federal Court of Appeal decision (Verones v R, 2013 FCA 69), followed by a 2016 decision of the Tax Court of Canada (Harder v R, 2016 TCC 197) have resulted in a potential tax consequence to separated and divorced spouses who have a shared or split parenting arrangement for their children, specifically when claiming their children as dependents on their taxes.Normally, where one parent is the primary caregiver of the children, the Federal Child Support Guidelines (the “Guidelines”)...

A new article by Quay Law Centre associate Brandon D. Hastings discusses differences between Supreme Court and Provincial Court, and which court can give you the order you want. Read the full article here. In British Columbia, there are two main courts that handle actions: Supreme Court, and Provincial Court. Provincial Court is more limited in what it can do (its 'jurisdiction'), so knowing the difference between the two can be the difference between getting what you want, and not....

While a divorce or separation could be a tough process for British Columbia parents to go through, it is typically much more traumatising for children. Fortunately, most divorcing parents recognise the importance of equal parenting time to maintain their respective relationships with their children. Drafting a detailed parenting plan could be tricky, but help is available.When preparing a parenting plan, it must be practical and useful; however, it must contain enough detail to avoid conflict. This document is focused solely...

British Columbia parents or guardians of children after divorce may find that circumstances change and reasons to relocate may arise. This could involve better employment opportunities in another province, a new lover or other reasons. If there is an order or agreement in place, the court must approve such relocation, and its primary consideration will be the best interests of the child.Advisors say it is probably best to discuss the plans with the other parent or guardian before finalising any...

Going through divorce is one of the most difficult things you will ever do. This is why so many people try their best to avoid this, even if it means putting a lot of time into making the relationship work. If you've tried everything and divorce is the only answer, it's time to think about how this will change the future.Do you have children? If so, you need to take this into consideration, as child custody matters will soon move...

Experts note that one of the most important things to do when setting up a parenting plan is to make sure that it is clear and easy to understand. You want both you and the child's other parent never to be in doubt about what your rights and responsibilities look like.It's often wise to be precise, rather than leaving things open-ended. For example, you may know that you want to be allowed to spend a "generous" amount of time with...

Nobody wants to deal with child custody issues, but this is often the result of divorce. Regardless of what happened between you and your ex spouse, it's time to do what's best for your child.Fortunately, there are many way to resolve child custody issues. By taking the right approach, everybody can remain on the same page with hopes of putting this in the past without arguments or tension.First and foremost, you may be able to reach a settlement through an...

When you separate from your partner or go through a divorce, you know that your children will be affected in many ways. Your primary responsibility at this time is to make sure your children are in good hands at all times.There are many parenting disputes that could arise, ranging from responsibilities to parenting time, among others. These have the biggest impact on your children, so you need to take the right steps to resolve them.Some of the many things you...

If you are going through divorce, if you have a child with your soon to be former spouse, matters of custody are extremely important. Those who find themselves in this position need to answer a variety of questions.Most importantly, address the following: How do you obtain custody of your child? While this sounds like a simple question, there are many details to become familiar with. If you don't take the right approach, it could hold you back from getting what...