Is it true that I get 6 months of spousal support for every year of marriage?
This is a great question! We get asked this often by both recipients and payors of spousal support. There is some truth to this statement[...]
Your motto is “settlement focused” and “litigation ready”. Can you explain what that means?
It is always preferable to settle family law disputes outside of court. Negotiated settlements are enforceable orders that have all the same power as an[...]
I do not trust my ex’s new girlfriend. Do I have the right to say who looks after my kids?
It is brutally hard to not have control over the care of your own children. Unless you have a serious safety concern for the children,[...]
How often should my ex be calling the children when it is my week of parenting time?
While your children are in your care, you have the right as a parent to set rules as to when, how and for how long[...]
Is it true that when you live together for one year in BC the law treats you as married?
This is a rumour that has been around for a long time. No this is not true. Under the Family Law Act of BC Section[...]
Is a biological parent automatically a guardian of their child?
This may surprise a few people, but no. A biological parent is not a guardian of the child if they do not cohabitate with the[...]
My ex cheated on me. Will I get a better settlement because it was their fault?
Infidelity is always painful, and I am sorry to hear that this happened to you. Unless you have a cohabitation agreement with specific terms around[...]
What is FMEP and how does it benefit me?
FMEP is an acronym that stands for Family Maintenance and Enforcement Plan. It is a service run by the provincial government that keeps track of[...]
Should I stay in my marriage for the sake of the children?
This is a complicated question and, as such, the answer requires careful consideration. One thing that some of us tend to forget is that children[...]
My ex doesn’t return the clothes and things that I send over to her house! What should I do?
I hear your frustration! When you purchase items for your child and then they are not available for them to use at your home, that[...]
Am I allowed to get my son’s hair cut? My ex always complains it is crooked and too short.
Absolutely you are allowed! In fact, it is your obligation as a guardian of your son under Section 37 of the BC Family Law Act[...]
My ex is making me drive across the city during her parenting time. What should I do?
My ex contacts me often during her parenting time and asks me to bring various items for my son to use while at her house.[...]
Lawyers are expensive, but I really need the help! Do you have any tips on saving money? (Part 2)
In the legal world time really is money. Most Law firms bill in 6-minute chunks of time. Stay out of court wherever possible. Using alternate[...]
Lawyers are expensive, but I really need the help! Do you have any tips on saving money? (Part 1)
In the legal world time really is money. Most law firms bill in 6-minute chunks of time. The simplest way to save money on legal[...]
What items should I be sending back and forth to my ex’s house with my daughter?
Most items that either parent has purchased for a child are considered to belong to that child. These items should be going back and forth[...]
What tips can you share with me for communicating with my difficult ex?
Communicating with a difficult person is always challenging but it is especially tough when you need to co-parent with that person. I have created some[...]
Is it true that I could be paying child support for years after my child turns 18?
Under certain circumstances yes, it could be true! A child can remain a “child of the marriage or a child of the relationship” for the[...]
I’m living in my ex’s family home which he owned before we got married. Should I move out?
When breaking up, the decision to move out is a tricky one. This is the moment you need legal advice the most. Staying in a[...]
My ex says I’m an unsafe parent and only lets me see my kid once a week. Should I take her back?
No, you should not take her back. Your ex-husband just keeping your daughter is no better than you just keeping your daughter. When you first[...]
My new partner has some debts that I am considering paying off for them. Is this a bad idea?
There is nothing wrong with you supporting your new partner, and nothing wrong with paying off a debt on their behalf. Where so many people[...]
Can my mental health challenges block me from parenting my children?
As long as you are actively managing your wellness with a treatment plan that you are following and can show the courts the steps that[...]
Do people in polyamorous relationships have rights and obligations under family law?
While polygamy, being married to multiple people at the same time, is prohibited under the Criminal Code of Canada, individuals in a polyamorous relationship have[...]
I am wondering if my ex and I would benefit from having a parenting coordinator.
To determine if a parenting coordinator is the right option for you, ask these 2 questions: Do you already have a parenting plan or court[...]
I have my son during the school year. My ex gets the holidays. Can the court switch some dates?
It sounds like you have the majority of the parenting time with your sons. If you have an existing order, the courts will be hesitant[...]
My ex leaves me with all of our kid’s responsibilities. How can I get them to share the hard work?
Co-parenting is all about communication and negotiation. The first step is to talk to your ex and try to come to a more equitable arrangement.[...]
No matter what I say to my ex, it just makes things worse. How can I deal with this?
High conflict separations are more common than you might think. When you communicate with your ex, remember this acronym created by author Bill Eddy: B-I-F-F,[...]
What words should I avoid when I’m speaking with my ex? She gets angry when I say “my daughter.”
There are several words and phrases that may become tainted by the process of separation and divorce and this is one of them! I notice[...]
Lawyers are expensive, but I really need the help! Do you have any tips on saving money? (Part 3)
In the legal world time really is money. Most law firms bill in 6-minute chunks of time. Trust your lawyer and follow their advice. Arguing[...]
Every time I refer to my house as “home” for my son, my ex gets angry. What should I say instead?
The word home is heavy and loaded. It implies safety, security and belonging. When you tell your son that he will be coming “home” soon[...]
I have a court hearing next week. I don’t know what to expect in court. Can a legal coach help?
Some studies show that as many as 80% of people appearing in court, in Canada, are self-represented, but knowing that doesn’t make it any less[...]
I received a letter from my ex’s lawyer. I have no idea what it means. Can a legal coach help me?
A legal coach is a great option for people who don’t require the full suite of services that a lawyer can provide, but who might[...]
Is a legal coach the same thing as having a lawyer on retainer?
No, a legal coach doesn’t go on record as your lawyer and they do not require a large retainer. They are fully trained and licensed[...]
What is legal coaching?
Going to court is one of the most stressful things a person can do. Going to court without a lawyer is another ballgame entirely. A[...]
Why should I think about my overall estate planning?
The short answer is that we cannot predict the future as to when we might be in a life-altering car accident, a debilitating illness or[...]
My estranged father just died and I was left out of the will. Do I have a claim to his estate?
You may have a claim to your father’s estate. Under the Wills Estate and Succession Act a will-maker has a legal, ethical and moral obligation[...]
If I die without a will, will all of my assets go to the government?
If someone dies without a will, their assets that would be subject to a will would be governed by the intestacy provisions under the Wills[...]
What is probate and when is it required after someone dies?
Probate is a legal process where the BC Supreme Court grants an order for either an executor or administrator to act on behalf of the[...]
I have heard that some assets do not require probate. Is this true and what are they?
The following assets are not governed by a will or the intestacy provisions and as such do not require probate: Any assets held in joint[...]
I have been named as executor in my mother’s will. Am I responsible for paying her debts?
You are not responsible for paying your mother’s debts. They are her debts and not yours. There is a priority of how debts are to[...]
My ex is appealing our divorce because he doesn’t like the outcome. Can he do that?
The BC Court of Appeal is a safety net in cases where the lower court makes a mistake in law or fact. Most family law[...]
I am getting divorced and my lawyer said we need an order from the Supreme Court. Why is that?
Only the Supreme Court of British Columbia can grant a divorce. The primary purpose of a divorce order is that you are allowed to remarry.[...]
