Since the start of the COVID 19 Pandemic, the BC Courts had to address the impact of COVID-19 health orders on separated families with shared guardianship and parenting arrangement. Judges in BC have held that a pandemic generally does not prevent parents from following a parenting order or agreement. In NJB v SF 2020 BCPC 53, the court held that all parenting arrangement must be in the best interest of the child.  The judge noted that some of the following factors should be considered before any changes are made to parenting arrangement due to COVID-19 health concerns:  If a parent

Seeking legal advice when you’re separating doesn’t necessarily signify the beginning of a long and painful legal battle…  A good family lawyer will help you understand your rights and responsibilities and avoid confusion about the informal and formal procedures you can take. The role of the lawyer is to provide you with information and help you identify your options and potential outcomes. You should meet with your lawyer with a set of questions in mind. Take a support person with you, if this makes you feel more comfortable. Legal advice may help you to resolve the matters between you and

Separating from a spouse or partner is difficult. Even though most people recognize that nearly half of all spousal relationships will end prematurely, it can be a big surprise when it happens in our own relationship. Whether the separation is your choice or not, the grief you feel can be overwhelming. You may experience feelings of loss, anger, sadness and resentment. You might also need to deal with how everyone else reacts to the separation – your partner, the children, your parents, friends and acquaintances. It’s when you’re feeling most vulnerable, a time of high emotional turmoil, that you find

One of the most important things you can do when separating is to communicate clearly and calmly with your partner. One of the most important things you can do when separating is to communicate clearly and calmly with your partner. If the break-up is coming from you, be clear about your decision to end the relationship. If it’s coming from your partner, take some time to pull your thoughts together, get support and work out what your next steps should be. At this point it’s crucial to recognize that you and your former partner may be in different stages of

There are several practical considerations when you’re separating. Getting things organized will help you feel more in control of the situation and allow you, and your former partner, to focus on resolving important issues: There are several practical considerations when you’re separating. Getting things organized will help you feel more in control of the situation and allow you, and your former partner, to focus on resolving important issues: 1. You might consider opening a new post office box and redirecting important mail, especially if you concerns that your spouse may be monitoring your mail for bank statements, letters from your

Once you have made the decision to terminate the relationship, and hopefully, both partners are ready to acknowledge that the family restructuring is inevitable, it’s time to address the big issue: your money! Once you have made the decision to terminate the relationship, and hopefully, both partners are ready to acknowledge that the family restructuring is inevitable, it’s time to address the big issue: your money!  Here are the questions to ask: 1. How will I and my former partner support yourselves and the children? 2. Into which bank accounts will our incomes / wages be deposited? 3. Who will

Although not required, many couples find that a properly drafted Separation Agreement helps them put ‘things’ in order. In British Columbia, a Separation Agreement can be filed in Provincial Court or in the Supreme Court. Although not required, many couples find that a properly drafted Separation Agreement helps them put ‘things’ in order. In British Columbia, a Separation Agreement can be filed in Provincial Court or in the Supreme Court. Either spouse can start a divorce proceeding in the Supreme Court as soon as it is apparent that the relationship is over, but the order for divorce will not be issued

Some researchers suggest that the loss of a spouse is the most stressful life event. Next on the list – divorce. Other stressors are: moving, major illness and job loss. Unfortunately, divorce is often accompanied by other stressors:   1.Moving –    For many couples, the family home is the most significant ‘family asset’ and upon a division of assets, one spouse may choose to ‘buyout’ the other spouse, leaving the latter to seek accommodation elsewhere.   For some families, the expense of the mortgage and other household-related costs is not manageable by one spouse alone, and neither spouse is able

Clients sometimes ask if their marriage, performed overseas, is considered a valid marriage in Canada (and in BC). Generally, if your marriage is legal and valid in the country in which you were married, then your marriage is recognized by BC. If the relationship has broken down, even though the marriage occurred overseas, a divorce in Canada (and BC) would be required to terminate the marriage. There are certain requirements before parties can apply for divorce. The process of divorce in BC involves the completion of Supreme Court forms, and filing them in a BC court. If this process is

Clients sometimes ask whether moving to another country would have an impact on the status of divorce. If you have already started your divorce in BC before you moved to another country, you can check the status of your divorce application with your family lawyer or by contacting the Central Registry of Divorce Proceedings for Canada in Ottawa, Ontario. Also, if you were married in BC and want to get a divorce while you are living in another country, you are not required to do your divorce in BC (just because you were married in BC), generally.  As long as your divorce

“I’m just looking for more information…in case I decide that I do want to separate…” is the start of many family law consultations. Deciding to leave a relationship is a conclusion that is often years in the making but the final move towards endgame requires strategy, and an understanding of the laws that govern parenting, support and asset division. In British Columbia, separation and divorce are governed by the Family Law Act, and the Divorce Act of Canada. Here are some signs that your spouse has sought legal advice and is planning their exit: 1. Terms like ‘equalization payment’ and ‘spousal support’

In a recent professional development course attended by Lisa Sirlin, Family Lawyer and Mediator at the Deer Lake Law Group, she was alerted to the concept of “Name it to Tame it”, and it resonated with her so much that she now incorporates this simple exercise into her mediation practice. The theory, created by Dr. Daniel Siegel, goes something like this: There is a neurological component to stress and anxiety. The executive part of the brain does not work when there are strong emotions in play. The result is akin to rational thought lockdown. How is one meant to work

Police intervention in families during a family breakup is relatively common.  More often than not, one of the parties contacts the police during a heated argument, in the spur of the moment, and without actually appreciating the consequences.  The problem is that once the police are called, the situation can escalate to new territory that neither party intended to explore.  Let’s examine the case of John Doe (actual client name is withheld).  John was together with his spouse for about 10 years in an emotionally charged relationship.  Arguments were common during their decade-long relationship, but there was no physical violence. 

It’s that time of year…you’re supposed to feel festive and joyous, but for many people, it is exactly the opposite. For those that have dealt with a change in their family structure due to separation or divorce, the ‘holidays’ can be even more challenging. Here’s a quick tip survival guide: Child-centered – if you have kids, spend time together doing activities that are put off during the rest of the year. When appropriate, ensure that kids have equal parenting time with both parents, and even have visits with all extended family. If one parent lives far away – plan for a