This month's blog explores some of the issues regarding moving a child or children between international borders. As this can be a very broad topic, our blog will be limited to a discussion of cases where both countries are signatories to what is often referred to as the Hague Convention. What is the Hague Convention? The Hague Convention sets out an approach that signatory countries must take to determine whether a child is wrongfully removed or retained in another member state, and dictates how they should remedy the situation, if so. The approaches of non-signatory countries may differ grea ..read more

The experience of being served with court documents can be stressful and confusing. You may not have been warned that you would be involved in a court matter. You might have been in the middle of a busy day when a stranger approached you with a stack of legal documents. You may not even understand what you are being asked to do. In this blog, we will outline what you need to know after you’ve been served and the next steps to take after you’ve received your papers. What Is A Notice of Family Claim? In BC family law, individuals are often personally served with a Notice of Family Claim. The No ..read more

What are special or extraordinary expenses under Family Law in BC? How do Section 7 Expenses differ from basic child support? In this blog, we’ll define Section 7 Expenses and highlight key information needed to navigate child support complexities. How Basic Child Support Differs From Section 7 Expenses A child support claim commonly includes a claim for basic child support calculated or determined under the Federal Child Support Guidelines (the “Guidelines”) and a claim for section 7 special or extraordinary expenses, sometimes called Section 7 Expenses, that is made available by Section 7 of ..read more

What are prenuptial, cohabitation, and marriage agreements—and why might you want one? In this blog, we’ll explore the various kinds of relationship agreements as they pertain to BC Family Law. Defining Prenuptial Agreements, Cohabitation Agreements, and Marriage Agreements Despite agreements that spouses may enter into before or during their common-law relationship or marriage being referred to by various terms, legally speaking these terms are not different. For the sake of accuracy, the title chosen in any particular case will typically reflect the status of the relationship at the relevant ..read more

This is an updated version of our previous blog article, The Impact of Spousal Abuse on Divorce. Domestic abuse is a silent epidemic that has been impacting a devastatingly large number of Canadians. According to self-reported data from Women and Gender Equality Canada, 44 percent of women who have ever been in an intimate partner relationship (approximately 6.2 million women aged 15 and over) experienced some kind of psychological, physical, or sexual abuse within their relationship. While this isn’t a phenomenon that women exclusively suffer, the statistics show this has a disproportionate ..read more

Family law protection orders in BC can be made on application by an at-risk family member, by a person on behalf of an at-risk family member, or on the court’s own initiative. The person seeking a family law protection order is not required to bring a separate claim for divorce or support. Protection orders can be made without notice to the named person and the applicant will have to satisfy the judge that there is a real risk if notice to the other party is required before their application is heard. The court must consider relevant risk factors when hearing an application for protection ord ..read more

As family lawyers in BC, we do our very best to negotiate a resolution of all the issues in a family law dispute as expeditiously as possible. Regrettably, an expeditious negotiated settlement is at times unattainable because of anger or distrust between the parties.  During a trial, a judge decides unresolved disputes between parties. While few cases proceed to trial, many cases do and undergo pre-trial procedures known as discovery before a settlement is reached.  In this blog, we will set out what discovery of documents is, and its importance to the resolution of cases at trial or ..read more

This is an updated version of our previous blog article, The Legal Rights of Grandparents in BC. What rights do grandparents have in British Columbia? We often hear terms like “grandparents’ rights” or “rights of a grandparent”, so it may come as a surprise that grandparents actually do not have any default or automatic rights when it comes to their grandchildren. But that doesn’t mean there isn’t a legal avenue a grandparent can pursue if they wish (but are unable) to spend time with their grandchildren! What is Contact With a Grandchild? Concerning grandchildren, grandparents (or other signi ..read more

This is an updated version of our previous blog article, How To Change Your Legal Name In British Columbia. How do I get a name change in BC? This question is frequently asked of family lawyers, especially when it comes to marriage and divorce. This blog post will cover how to change your name legally in BC, as well as the nuances surrounding name changes—particularly for children—that clients should know before beginning the process.  How Changing Your Name Works The process and requirements for legal name changes vary from province to province. In BC, any adult aged 19 and above is lega ..read more

Child support ensures children receive care financially in the event of a separation or divorce. Parents are legally obligated to care for their children financially, regardless of if one parent is not involved in the child’s life.  At Westside Family Law, we understand that navigating child support arrangements can be challenging. In this blog, we will cover the basics of child support in Canada so parents can be informed throughout the process of making child support payments.  What is Child Support? Child support is the amount a parent pays to another parent to help support their ..read more