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Canada's Divorce Act is being substantially amended for the first time in more than 30 years. In part three of this three-part blog, Maninder Sandhu discusses changes relating to family violence, dispute resolution and enforcement of obligations.
You may have thought taking your children back and forth across the border during COVID-19 would be obviously wrong. But one parent didn't think it was that obvious. The Court however, disagreed with him.
Agreements are used in family law in a number of different ways and are essential and relatively inexpensive tools for resolving potential or ongoing disputes outside of the courtrooms.
Judges frequently penalize litigants who fail to fully disclose their financial situation. Equally vexing is when a party demands unreasonable disclosure from his or ex, known as a "fishing expedition." One court decided the demands had gone too far.
COVID-19 has caused many people to lose their jobs but without a court order, or agreement, child support obligations remain unchanged despite the change in a person's income. Here's a summary of what courts have done so far on support applications.
When a client facing separation and divorce meets with a family lawyer for the first time, the lawyer listens to their story. Then the lawyer helps the client write their own next chapter.
Canada's Divorce Act is being substantially amended for the first time in more than 30 years. In part two of this three-part blog, Maninder Sandhu discusses the law's focus on the best interests of the child.
Connect Family Law lawyer and mediator Rebecca Stanley discusses the broad definition of family violence, why it is relevant to parenting decisions and the criminal and non-criminal options you have if you face family violence.
When couples separate and re-couple with new partners, their financial situation is often largely tied to the financial situation of the new partner. But should that matter when it comes to paying child support?
COVID-19 has created some serious challenges and will continue to do so for some time. But one challenge that faces some is an increase in domestic violence.
We have been living with the chaos and uncertainty of COVID-19 for a number of weeks now and it is evident that people are receiving mixed messages about their obligations for co-parenting and support, and other family law issues.
As parents, none of us like to think about what would happen if we became seriously ill or passed away. But during this COVID-19 crisis, these thoughts are not far away. Appointing a guardian may help ease some of the worry.
The COVID-19 pandemic has deeply affected the affairs of many individuals and organizations, including the BC Courts at both the Supreme Court and Provincial Court levels. Here's what the courts are doing.
Courts remain open to hear urgent matters only and a number of judgments since courts closed illustrate the types of matters that the courts are willing to hear.
Another recent Ontario court decision illustrates how urgent matters will be dealt with. In this case, a father took his children for spring break and didn't return them. The court agreed the matter was urgent, and held the hearing almost immediately
One of the most asked questions we’re getting right now is related to parenting time and concerns over having the children move between households. Here are some answers.
Courts are hearing urgent matters only and an Ontario court has provided guidance on what will be considered urgent in family law matters. Raising COVID-19 as a reason to suspend co-parenting will not be enough.
For those who are in the middle of separation and divorce, this uncertain time due to COVID-19 may create even more anxiety about how the process can move forward and not leave you financially vulnerable. Here a some ideas on what you can do.
Courts in British Columbia have effectively closed, remaining open only to hear 'urgent business.' In this blog we look at what family law matters the courts are likely to consider urgent and what to do if you think you have an urgent matter.
COVID-19 raises a number of questions regarding shared parenting, such as "should the children go between the two households?" Connect Family Law partner Leisha Murphy provides some answers.
COVID-19 is causing many people to lose their jobs. So what happens to child support obligations? Generally they remain in place, but here are some things you should do if you are having difficulty paying.
In addition to paying child support, a parent may be responsible for paying their share of what is called special or extraordinary expenses. And parents rarely agree as to what falls into that category. Here are some guidelines.
Is it legal to spank or use physical discipline on your child? Here, Mahshid Hoseini discusses how the use of physical discipline can negatively impact your family law case.
Canada's Divorce Act is being substantially amended for the first time in more than 30 years. In this three-part blog, Maninder Sandhu discusses some of the major changes.
In a recent decision, the British Columbia Court of Appeal upheld a lower court ruling allowing a teenager to get hormone therapy against his father's wishes. The CA did not agree though that the father's treatment of the child was family violence.
Connect Family Law lawyer and mediator Rebecca Stanley talks about how to include children in the decision making when it comes to separation and divorce. Children should be given a voice, she says. But they shouldn't be making the choices.
A recent British Columbia Supreme Court case refused to grant an injunction to protect property that was subject to a trust, and potentially family property, that would be shared upon separation.
A cost-effective option for you and your spouse may be jointly retaining a mediator to work with the both of you to help resolve outstanding issues arising from your separation.
Connect Family Law co-founders Simon Kent and Leisha Murphy talk about what happens when your child comes to stay at your house and brings a cell phone with him so your ex-spouse can talk to him whenever he or she wants.
As a family law lawyer, Mahshid Hoseini hears many stories of how relationships soured. Here are some of the recurring themes, and possible New Year's resolutions to make your relationships healthier in 2020
Connect Family Law lawyer Mahshid Hoseini answers the question of what happens to the engagement ring if the wedding is called off.
When couples separate they have to determine what property will be divided between them and what property will remain with one spouse. In this blog lawyer Amalia Schön provides more guidelines to help ex-spouses make this determination.
When children live largely with one parent, typically the non-custodial parent must pay the custodial parent child support.The objective is to ensure that children continue to benefit from the financial means of both parents. Is that negotiable?
Connect Family Law lawyer Rebecca Stanley believes there should not be a presumption in favour of equally shared parenting. Connect Family Law partner Simon Kent believes there should be. Hear what they have to say about this controversial topic.
The “zone of possible agreement” or ZOPA exists where there is overlap between what the parties want, and what they are willing to live with. Knowing your ZOPA can help you find that overlap and come to a resolution you design yourself.
Connect Family lawyer Louise Lam navigates through the difficult question of who gets to live in the family home after parties separate. Suprisingly, courts won't force one party to move out unless it's impossible for the parties to live together.
When couples separate they have to determine what property will be divided between them and what property will remain with one spouse. Lawyer Amalia Schön provides some basic principles to consider when making this determination.
Episode VIII of “What’s Up With That?” features guest star Leisha Murphy. In this episode, Leisha and Simon discuss whether a parent has to pay for their child's university even if the child wants to go to an expensive Ivy League school.
Connect Family Law's Jessica England gives four tips on how best to deal with your ex, including how to send an email that provides the information you want to share and avoids the digs you are dying to make.
Separation, while painful, does not need to be destructive. I often tell clients that the process they choose for separation is more important than the outcome because the process will often determine the outcome.
What happens to the family pet when spouses divorce? Lawyers Rebecca and Mahshid talk pet custody in our latest video.
The summer days of leisure, camps and long, lazy afternoons are over. Time to head back to school, re-start those routines and schedule activities on the family calendar.
Co-parenting and back-to-school expenses: who pays for what? Find out in our latest video featuring lawyers Leisha Murphy and Alex Boland.
It can be difficult for a non-lawyer to figure out whether a separation agreement is fair. In our latest video, lawyer Mahshid Hoseini reviews some “red flags” of an unfair agreement.
What exactly is a collaborative divorce and is it right for you? Lawyers Leisha Murphy and Rebecca Stanley share some pros and cons of the process in the following video.
The wait is over. Episode VII of “What’s Up With That?” is now LIVE! Watch as Simon and Alex discuss whether children have a say about parenting schedules.
Ever wondered what happens to your personal RRSPs and pensions when you split from your spouse? You’re not alone. In this week’s video, lawyer Mahshid Hoseini answers this frequently asked question.
What is parallel parenting? And is it a possible solution to conflict during a divorce? Find out in our latest video featuring lawyer Jessica England.
Child support for your 30-year old. Really? Sometimes. Watch Episode VI of “What’s Up With That?” with lawyers Alex Boland and Simon Kent and find out why.
Does your ex have any rights to your inheritance when you split? In this week’s video, lawyers Louise Lam and Kaity Cooper explain how an inheritance is dealt with during a divorce.
Did you know that you and your ex can hire a mediator together to help with your family law matter?
In their latest installment of “What’s Up With That?”, Alex and Simon discuss whether there’s a limit to how much child support you have to pay.
What if your ex changes his/her religion after you separate? Lawyer and mediator Rebecca Stanley explores the implications for you and your family in this week’s video.
What if your ex doesn't want your children to be vaccinated? Lawyers Jessica England and Mahshid Hoseini tackle this timely topic in this week's video.
One phrase I hear regularly from clients is “My ex told me that…”. So, I thought it might be helpful to start blogging about some of the “ex misconceptions” that are circulating out there. In my first post, I tackle the topic of child support.
It’s true that a major part of our work at Connect involves helping people who are at the end of a relationship. However, there’s more to family law than separation and divorce.
What is the Hague Convention and how does it affect you if you plan to travel with your kids post-separation? Lawyers Louise Lam and Mahshid Hoseini cover the basics in this week’s video.
As an adult child of separation and divorce, it’s natural to want to help your parents through the process. In our latest video, lawyer and mediator Rebecca Stanley offers a few things you can do to provide support.
Alex Boland and Simon Kent are back at it with another installment of “What’s Up With That?”. In Episode IV, Alex and Simon discuss how to calculate child support if you’re a business owner. Take a look!
For someone who is experiencing separation or divorce, it can be difficult to see how the decisions you make now might affect you later on. With that in mind, Mahshid Hoseini shares some common family law situations and their possible consequences.
Join conference presenter Leisha May 24, 2019 at the Vancouver Rowing Club in Vancouver to learn about the unique needs and challenges of mature families in the context of re-partnering and marriage agreements.
Deciding how long your separation should last isn’t an easy task. In this post, Mahshid reviews the possible legal implications of extending your separation.
With the recent slowdown in Vancouver’s real estate market, many separating spouses are wanting to delay selling the family home. Leisha reviews the key things to consider if a delayed sale seems to makes sense for your family.
As we head into tax season, we thought it was a good time to share some information about when legal fees may be tax deductible.
Mediation is an option that many separating couples are choosing these days. If you have agreed to mediate with lawyers present or have been served with a Notice to Mediate, here are some important things to know.
These days, more and more separating couples are realizing that they have options. Options that don’t involve wasting tens of thousands of dollars and hundreds of stressful hours going through the court process when they separate.
Whether a spousal support “review” is warranted depends on the nature of the existing agreement or court order dealing with spousal support.
Family law in Canada uses a number of different terms to describe ex-spouses’ parenting arrangements. What does it all mean? Kaity Cooper explains various types of custody and parenting and whether there is any real difference between them.
Family violence can occur in any family, regardless of social standing, economic level, race or creed. During the separation process, episodes of family violence can increase or even occur for the first time.
As a general rule, each biological parent of a child has a primary responsibility to provide support for the child. However, even if you are a stepparent, you may have an obligation to pay child support if you are separating from your spouse.
Realtors and mortgage brokers often face family law-related issues in their business dealings. Connect recently hosted a lunch and learn for real estate professionals to debunk three common separation and divorce myths.
The prospect of returning to work after being out of the paid workforce can be daunting at the best of times. Making this leap on the heels of separation or divorce can seem downright overwhelming, if not paralyzing.
Shared parenting by separated spouses is becoming more and more common. Despite this increased prevalence, many ex-spouses are still confused about their child support obligations when parenting is shared.
Sometimes, in an effort to spare their children from the stress of separation, parents may inadvertently keep them from having a voice in the process.
Legal marijuana has the potential to impact most areas of a family law case, but the shadow of the pot leaf will lie most heavily on cases involving children.
The first step in calculating how much child or spousal support one ex-spouse must pay the other is to determine the paying spouse’s income. The starting point for this is the amount reported on line 150 of the payor’s most recent tax return.
With the cost of living constantly on the rise (particularly in BC’s Lower Mainland), more couples are moving in together, perhaps sooner than they anticipated, as a way to save money. If you’re in this position, consider a cohabitation agreement.
Summer is (almost) here, so it must be time for the Second Annual Kent/Connect Team (+ Family and Pets) Retreat!
Leisha weighs in on proposed changes to the Divorce Act, which will bring federal law in line with provincial legislation.
Most people who come to me for advice believe that their obligation to pay child support ends when their child reaches the age of 19. In fact, this is not always the case.
Our February Divorce Salon in Kelowna was led by Therapist, Child Specialist and Divorce Coach Sharla Schofield, RCC, RCSW. Conceptualizing divorce as a “journey”, Sharla helped Salon participants prepare for their travels and beyond.
Retirement. Long golden days stretching late into the evening. Time to focus on golf, painting, crossword puzzles and connecting with friends and family. Unfortunately, divorce can derail these plans, particularly when it comes to spousal support.
Connect is excited to introduce its latest initiative designed to offer families a choice in how they resolve their family law matters: the Fixed Fee Collaborative Model (Pilot Project).
Last week, CBC Web Writer Bethany Lindsay highlighted a real-life example of how the "truth will out" in family law disputes.
The recent snowfall here in Kelowna inspired an early start to this season of reflection. Before we say goodbye to 2017, we wanted to share some highlights from our first year as a member of this vibrant Okanagan community.
Inspired by a recent CBC interview with an Ontario family lawyer about the most common questions she hears from a couple who’ve decided to split, Crystal shares her own Big 5 (questions) with those of you living - and separating - in BC.
The holiday season and the expectations that come with it can be stressful for any family. Separated and divorced families face an additional set of challenges during this time. To help you to reduce your holiday stress, Jessica offers some tips.
Inspired by a recent Financial Post article about the court’s ability to require one spouse to pay the other’s legal expenses, Louise discusses another way that BC family law levels the playing field between spouses to increase access to justice.
In this post, Rebecca shares the most commonly heard excuses for failing to pay child support and the Court's typical response.
At our September Vancouver Divorce Salon in Vancouver, Dr. Gail Howell-Jones, PhD spoke about the challenges involved in life transitions ("edges") such as separation and divorce ) and offered coping strategies. Alex Boland recaps the evening here.
Just because you can do something, this doesn’t necessarily mean that you may. Read Crystal's latest post, in which she considers the question "can I change the locks?"
The conclusion to Rebecca's two-part post on the dispute resolution options available to separating spouses who are willing and able to avoid going to court.
While separation and divorce inevitably involve some degree of pain, the process of separation need not be “a fight to the bitter end.” In fact, other than in exceptional circumstances, going to court ought to be a last resort.
Crystal Hansen led our Salon participants in a wide-ranging discussion covering everything from their personal experiences of separation to their perspective on how our legal system is evolving.
Last month, my colleague F. Scott Murray debunked four myths about divorce. Continuing that theme, this month I clear up some confusion surrounding spousal support.
After weeks of breathing smoked-filled air that made the city feel like the inside of a cigar-store closet, the breeze has turned and the evening wind brings with it a familiar bite. It all means one thing: Winter is coming.
Knowledge is power. When it comes to separation and divorce, the more you know about the process and what to expect, the better equipped you’ll be to handle this significant life transition.
You and your former spouse were able to settle your family law issues without having to resort to litigation and you signed a written agreement that contains your settlement terms. But your ex is refusing to follow the agreement. Now what?
Our June Divorce Salon in Vancouver, led by Relationship Coaches and Mentors Jack and Soorya Resels, involved a rich dialogue with our participants about how to rejuvenate their relationships and thrive.
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