At one point in time, parents fought over "Custody" - but not anymore.
In British Columbia, the law with respect to children and parenting changed drastically when the Family Law Act came into effect in March of 2013. The new Act eliminated the old concepts of "custody" and "access". The new Act replaced those terms with plain language concepts: parental responsibilities, parenting time, and contact.
The legislation is now less focused on one or both parents winning control ("custody"), or in identifying a "primary" parent of a child or children.
The new Act instead enumerates various specific, common-sense parental responsibilities that one or both parents may exercise, together or exclusively, and establishes some principles for allocating parenting time.
As a general rule, the courts of British Columbia seek to avoid anything that resembles "custody" with the view that the best interests of the children are served when both parents share in parental responsibilities and parenting time.
The bottom line: If you split up from your partner, don't expect "custody" of your children because it doesn't exist anymore. Even if your former spouse has a 'messy home', 'bad habits' or 'poor character', you should expect to share parenting time and parenting responsibilities with your 'Parenting Partner' indefinitely.
Commonly called Travel Consent Forms or Travel Affidavits, the Travel Authorization Letter is a document that the non-traveling parent should provide to the parent that will be traveling with the child or children.
The Government of Canada strongly recommends that Canadian children carry a Travel Consent Letter if they are travelling with only one parent / guardian, with friends or relatives or with a group:
For the purposes of this Consent Letter, a Canadian child is defined as anyone who is under the age of majority (18 or 19, depending on the province or territory of residence). A Consent Letter is not a legal requirement in Canada, but it can simplify travel for Canadian children, as it may be requested by immigration authorities when entering or leaving a foreign country or by Canadian officials when re-entering Canada. The letter demonstrates that Canadian children have permission to travel abroad from parents or guardians who are not accompanying them. (http://travel.gc.ca/travelling/children/consent-letter)
We further recommend that a Travel Consent Letter be executed by the non-travelling parent, and notarized by a Lawyer or Notary Public, particularly if there are special parenting arrangements in place, including separated or divorced parties.
For a Free Travel Authorization Letter, please call or email us. Deer Lake Law Group lawyers will notarize the Letters at no cost.
Legal services for a home purchase or a home sale are called “conveyancing”. Conveyancing involves preparing all the required documents and submitting them to the appropriate land registry (Land Titles), financial institution, and so forth.
Fees for conveyancing will range from $300 to $600, plus the costs paid to third parties, such registration fees to Land Titles, costs of obtaining Strata documents, Title Insurance, and other documentation.
No matter which conveyancing office prepares your transfer documents, the third party costs will be the same and these costs are inevitable.
Now consider that your home may be your most significant asset! The fees for a professional conveyancing office to prepare your documents amount to approximately 0.1% of the value of your property. Most people agree that this is a worthwhile investment.
If you answer YES to any of the following items, you should hire a Lawyer to handle the property transfer:
1. Is there a chance that one of the parties may try to back out of the deal on short notice?
2. Are there provisions in place to protect me if there is a problem with the property -- and the deal has already closed?
3. Is the property being bought or sold with unrelated partners?
4. Is the property part of an estate sale or foreclosure?
5. Is there a home-owner’s association?
6. Is there anything unconventional about the property transfer (example: Seller is helping the Buyer obtain financing)?
If you need a Lawyer to take care of your conveyancing, the Deer Lake Law Group is ready to make the property transfer straightforward and stress-free for you, your Realtor and your Lender.
Most people know that child support payments are calculated based on income. But what does “income” include? Specifically, should Capital Gains on the sale of a property be included?
The short answer is that in most cases the non-recurring Capital Gain should not form part of your income for the purposes of calculating child support. The analysis starts by considering what the total income is and then adjusting the income to exclude the Capital Gain when appropriate to do so.
For example, if you bought and sold properties regularly and had Capital Income every year, then you might find that the Court might consider the Capital Gain a regular part of a fluctuating income. In that case, I would expect the Court to average your income over the course of three years.
Lisa Sirlin, Family Lawyer and Mediator at the Deer Lake Law Group shares her thoughts on divorce:
While no one can walk in the shoes of another person, having personally gone through the journey of divorce -- with 3 young children, I possess a heightened sense of empathy that I pass along to my clients.
Separation and divorce are life-altering events; emotional highs and lows are most always unavoidable. It is crucial, at this time, to have faith in the lawyer that you chosen. You must trust your lawyer and let him or her navigate you through these turbulent times.
Every family situation is unique and every party is unique. As a Family Lawyer and Mediator, it is imperative that the path chosen for each client is well thoughtout, having regard to not only for the adults, but the children, too. It is important to evaluate the pros and cons of mediating or negotiating prior to choosing a course of action.
For me, seeing clients work through their differences and reach resolution is extremely rewarding, especially if such resolution can be reached without resorting to the Courts.