We Are Divorcing - How Do We Share Our Pets?
In British Columbia, pets are generally considered property under family law. This means that when a couple separates or divorces, the court will treat the pet the same way as any other asset or property, such as a car or furniture.
However, in rare cases, the court has taken into account the well-being and best interests of the pet and has made orders that go beyond simply dividing the pet as property. For example, a court may order that one party has primary custody and control of the pet, or that the parties share custody of the pet in a way that is in the best interests of the animal. Much like the purchase of a car, typically, the court will assess who paid for the pet, who cared for the pet, and who “owns” the pet. Of note, this takes place in Small Claims Court, and not Family Court.
It's important to note that the law surrounding pets and family law is constantly evolving, and courts may take a more nuanced approach to the issue in the future. Additionally, couples who are separating or divorcing may be able to come to their own agreement about the care and custody of their pets without involving the court.
Family Justice Counsellor
A Family Justice Counsellor (FJC) in British Columbia is a professional who provides assistance and support to families going through separation or divorce. FJCs are typically employed by the Ministry of Attorney General, Family Justice Services Division, and their services are free of charge.
The role of an FJC is to help families resolve disputes and make decisions about parenting arrangements, child and spousal support, and property division. They do this by providing information, education, and mediation services to the parties involved.
FJCs are trained professionals who have expertise in family law, conflict resolution, and communication. They work closely with other professionals in the justice system, such as lawyers, judges, and mediators, to help families navigate the legal process and reach agreements that are in the best interests of the children involved.
FJCs can provide a range of services, including individual and group counselling, mediation, parenting education, and referrals to other professionals as needed. They also assist parties in preparing court documents and can provide information on court processes.
In summary, a Family Justice Counsellor in British Columbia is a professional who helps families going through separation or divorce resolve disputes and make decisions about parenting arrangements, child and spousal support, and property division.
Police Searches
Section 8 of the Canadian Charter of Rights and Freedoms protects the right of individuals to be secure against unreasonable search or seizure. This means Canadians have the right to be free from unreasonable searches and seizures by the government, including the police.
The section reads as follows:
"Everyone has the right to be secure against unreasonable search or seizure."
This right is an essential part of the protection of privacy and personal autonomy in Canada. It ensures that individuals are free from arbitrary interference by the government in their lives and property.
To exercise this right, individuals must have a reasonable expectation of privacy in the thing or place being searched or seized. For example, a person would reasonably expect privacy in their home, but not necessarily in a public place.
If the government wants to search or seize something, they must have a lawful reason to do so, such as a warrant issued by a judge. The search or seizure must also be reasonable, which means that it must be necessary to achieve a specific purpose and be conducted in a manner that minimizes the impact on the individual's privacy rights.
If an individual believes that their rights under section 8 have been violated, they can challenge the search or seizure in court. If the court finds that the search or seizure was unreasonable, any evidence obtained as a result of the search or seizure may be excluded from trial.
What Is A Hear The Child Report?
The British Columbia Hear the Child Society is a non-profit organisation that gives children the opportunity to share their views and have them considered when their best interests have been decided in the Family Justice System. Trained professionals who are neutral to the process will interview children and provide written reports with respect to the child’s views in Family Law disputes. The interviewer does not assess the child who is being interviewed or evaluate the child’s parents but provides a report that is close to a verbatim account of what the child had to say. These reports can then be used by parties to a Family Law dispute to move towards agreements or resolutions hopefully.
Generally, these reports are appropriate for children between the ages of 8 and 18, and the reports can be used by lawyers, judges, parents or mediators.
The cost of these reports are determined by the report writer and discussed with the parties ahead of time. Low-income families may be eligible for financial assistance with obtaining these reports.
For more information on a hear the child report, please contact our office, and our Family Law lawyers would be pleased to speak with you. For further information, please visit BC Hear the Child Society's website.
Do I Have To Pay Spousal Support?
Unlike child support, spousal support is not automatically payable following a separation. While child support normally becomes payable following a separation based on such things as the income of the parties, the parenting time or access schedule in place, and the location of the payor parent, spousal support can be more difficult to determine.
Spousal support is often based on the characteristics of your past relationship:
- What are the incomes of the parties?
- How long was the relationship?
- Are the children of the relationship?
- How old were the parties at the time of separation?
- Do the parties have assets?
- Was either party a stay at home parent?
- Does either party have health concerns?
The court will not automatically award spousal support following the breakdown of a relationship. The onus is on the party seeking spousal support to prove that they are entitled to receive support. If the party is the successful improving entitlement, the court must then determine how much support is paid and for how long.
Entitlement to spousal support and the calculation of spousal support involve many factors that are unique to each case. There are also Time limitations which apply to an application for spousal support based on whether you were in a common-law relationship or whether you were married.
If you are either seeking spousal support or are being asked to pay spousal support and have questions about your rights, please contact us to see how we can help; your first consultation is free.
Toll-Free: 1-877-860-7575
Can I Appeal My Criminal Conviction?
If you have been convicted of a criminal offence, you have the right to appeal that conviction. However, the purpose of an appeal is not to retry your case. The Court of Appeal can only set aside your conviction based on one of the following grounds:
- The verdict was unreasonable and could not be supported by the evidence;
- The judge made an error of law;
- There was a miscarriage of justice.
There are essential timelines that must be followed if you wish to appeal your conviction: you must file your appeal within 30 days from the date of your sentence. Although you may ask the Court of Appeal to allow you an extension of the 30-day time limit, it is strongly recommended to file your appeal within 30 days of your sentence as there is no guarantee an appeal court will grant you an extension.
Appealing a conviction is a difficult process. However, having a criminal record can drastically impact your life. If you have been convicted of an offence and wish to appeal the conviction.
Contact us to see how we can help; your first consultation is free.
Toll-Free: 1-877-860-7575
Can I Get Divorced If Separated Less Than One Year?
Under the Divorce Act, a divorce can only be granted based on one of the following grounds:
1. you and your spouse have been separated for more than one year;
2. you or your spouse committed adultery;
3. you or your spouse committed physical or mental cruelty.
The majority of divorces in BC are granted on the basis that you and your spouse have been separated for more than one year (the "date of separation").
Generally, the date of separation is the date you and your spouse decided to end the relationship. Sometimes this date is not agreed to, and this may have consequences on such things as child support, spousal support, and property division. Please be aware that it may be possible to be separated while living in the same residence, provided that the martial aspects of the relationship have ended.
Although it is possible to get divorced faster based on either adultery or physical or mental cruelty, you must be able to prove the adultery or cruelty. Depending on your case, it may save you money and stress if you instead wait for the one year separation period to expire.
Contact us to see how we can help. First consultations are free.
Toll-Free: 1-877-860-7575
Do I Need A Separation Agreement?
What is a Legal Separation?
In British Columbia there is no such thing as a “legal separation”: you can separate at any time. However, having a "separation agreement" is a legal way to settle assets quicker.
What is a Separation Agreement?
A separation agreement is a signed agreement that outlines how former spouses wish to settle the various issues resulting from their separation.
These issues typically include:
- Division of family assets and debts
- Who will reside or keep the family home
- Spousal support
- Child support
- Custody and guardianship of the children
A separation agreement cannot include an order for divorce, as that must be made by a judge in Supreme Court.
Why do I need a separation agreement?
If you and your former spouse are able to come to an agreement on the issues listed above, drafting a separation agreement is a good idea.
Separation agreements are legally binding documents, that can be filed with, and enforced by the court. They are much cheaper and quicker than going to court. You also have more control over the outcome.
Should A lawyer prepare my separation agreement?
As separation agreements are legally binding documents, they have a long-lasting impact on your legal rights and obligations. Therefore, it may be worthwhile to have a lawyer prepare your separation agreement. A lawyer can help protect your rights and ensure that you understand the implications of any agreement.
Can a separation agreement be thrown out?
Having a lawyer prepare the agreement will help to ensure that the agreement is not vulnerable to being overturned in court.
However, the Family Law Act specifies that upon application of one of the spouses, a court may set aside a domestic contract in one of three instances:
- If a party failed to disclose to the other party significant assets, or significant debts or other liabilities, existing when the domestic contract was made;
- If a party did not understand the nature or consequences of the domestic contract; or
- If the contract is otherwise not in accordance with the law for example: if the contract is unconscionable or there has been a mistake or undue influence.
As a Custodial Parent, Can I Move Away With My Child?
If you have sole or joint custody of your child or children and are considering moving, which will make regular visitation difficult or impossible for the other parent, there are certain procedures that the law in BC requires you to follow. The introduction of the Family Law Act in 2013 has changed the process for applying to move with your child.
First, you must give the other parent or guardian 60 days written notice before you move, outlining where you plan to move and when; this is called ‘giving notice’. The other parent or guardian then has 30 days to ‘object’ to your intended move. If they do not object within 30 days, you may be able to go ahead with your move.
If the other parent or guardian objects to your move, then unless you can reach an agreement, you may need to go to court to have a judge decide if the move is in the “best interests of the child.” Typically, a judge will consider such things as:
- the reasons for the move;
- will the move improve your child's quality of life;
- the child’s connection to their current community;
- the age of the children;
- the involvement of each parent or guardian in the child’s life; and
- the overall best interests of the child.
The court will also consider whether you have made arraignments to maintain relationships with the other parent or guardian, and their relatives, if you are allowed to move.
Moving with a child can be complicated. It is an important decision that should not be made lightly.
Contact us to see how we can help. First consultations are free.
Toll-Free: 1-877-860-7575