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Category: Separation

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Category: Separation

Who keeps the family pets after separation or divorce?

Who gets the pets after separation in Canada? Many people develop deep bonds with their pets, and may often view them as members of their family. At the time of a separation or divorce, this can result in some very emotional conflict about what happens to the family pet. While there are laws that specifically direct courts to make arrangements for sharing custody and access to children, the law does not treat pets the same way. Instead, pets are considered to be personal property. That means that as a general rule, unless the spouses make an agreement otherwise, [...]

By |30/09/2022|

Proving Common Law Relationships When Separating in British Columbia

Separation and Proving a Common Law Relationship in BC If you are unmarried when you separate from your partner in Vancouver but are hoping to claim common-law status, you may need to prove that your relationship qualifies as “common law” under B.C. family legislation. According to the B.C Family Law Act, you may be entitled to the same rights as a married spouse, providing your relationship meets the definition of common law here. This includes the same rights regarding property division, spousal support, and child support that married couples can access during a divorce. Under the Family Law [...]

By |20/09/2022|

Who Decides Whether Grandparents Can Have Contact with the Children After Parents Separate?

Deciding if Grandparents Can Have Contact with the Children After Separation When couples separate or divorce, extended family members may have concerns about their ability to continue to spend time with the children of the relationship. In particular, grandparents, who may have previously enjoyed a close relationship with the children, can find themselves wondering what they can do if the parents’ separation or divorce has resulted in their access to the children being diminished, or even cut off entirely. Conversely, parents who for various reasons may have objections to the continued involvement of grandparents or extended family in [...]

By |23/08/2022|

Top Reasons Not to Self-Represent in Alberta Family Law Matters

Representing yourself Over Family Law Matters in Alberta Some people self-represent in family law matters in Calgary. On the face of it, this may seem like a viable option but it rarely is. Often, the motivation for self-representation is to save on legal fees but many family law issues can have a huge impact on family members’ lives and, with such high stakes involved, saving a few dollars can be a false economy if the result of the dispute or legal action goes against you. Other people are worried about the impact of sharing intimate family matters with someone [...]

By |08/08/2022|

Father’s Rights and Child Custody in British Columbia

Father’s Rights and the Effects of Child Custody in British Columbia During and after separation and divorce, one of the toughest things for parents to come to terms with is spending less time with the children. Mothers and fathers have equal rights with custody and parenting in Vancouver and the important role that a father plays in raising the children is well-recognized. However, statistics show that mothers are awarded primary parenting of the children in almost 80 percent of separations in Canada. In the majority of cases, mothers put their children first and are happy to share the [...]

By |15/03/2022|

Reasons Why You Should Hire a Family Law Lawyer

Why Should You Hire a Family Law Lawyer? A family law lawyer can help you prevent legal disputes with loved ones—and resolve them. However, many families in Calgary do not seek legal assistance until a situation has deteriorated to the point where the matter needs court intervention and they don’t know what to do. Family lawyers do more than handle dispute resolution. We can prepare a variety of agreements between spouses and partners, help with the marriage and divorce process, and protect families where domestic violence is an issue. While there is sometimes a perception from families that [...]

By |11/02/2022|

Forcing a Spouse to Attend Family Law Mediation in BC

Can you Force a Spouse to Attend Family Mediation in BC? Not all family disputes need to end up in a family law court trial—including divorces. Spouses often fail to see eye to eye on a variety of matters concerning divorce but it is generally in the interest of neither party to end up in a Vancouver courtroom. Every opportunity will be provided for you to resolve matters using less adversarial measures than litigation. Mediation is one of the most effective alternative dispute resolution methods for family law matters in B.C. You may enter the mediation process [...]

By |27/01/2022|

What to Consider During a Common Law Separation in Alberta?

Considerations to Make During a Common Law Separation in Alberta If you are in a common law relationship in Alberta and decide to separate from your partner, you may be wondering which laws apply when you arrange the separation agreement. With divorces, most people understand that there are specific Alberta laws used to address issues such as marital property division, child custody, parenting, and support. Spouses are protected by certain legal rights and obligations. However, the legal rights applicable during separation in a common-law relationship are less well understood. There is also confusion about what constitutes a common-law relationship. [...]

By |29/09/2021|

Maintenance Enforcement Program in Alberta

Maintenance Enforcement Program for Alberta Residents Sometimes, despite a court order being issued, stipulating child, spousal or partner support to be paid by one ex-partner to another, payments are not made. For the recipient or the payor, financial hardship may result from the situation. The Alberta family law system treats this seriously, especially when children are impacted. Alberta’s maintenance enforcement program is designed to help recipients of support get the payments that they are due. Learn More → Reasons Why You Need to Hire a Family Law Lawyer Book A Consultation What is the [...]

By |31/08/2021|

How to Get Full Custody of Your Child in Alberta

Obtaining Full Custody of Your Child in Alberta In divorces where there are children to consider, custody is nearly always the overriding issue. Every parent wants what’s best for their children, but that is very subjective, and it can be difficult for two separating parents to agree on. When one parent wants “full” or “sole” custody of a child in Alberta, it can be extremely challenging to convince the courts that this is in the child’s best interests. Absent certain circumstances that make one parent unfit to make decisions on behalf of the child, the family court in [...]

By |27/08/2021|

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