When divorced parents live in two different countries, decisions regarding children can be difficult. Family law judges in British Columbia have based their decisions regarding children's living circumstances on parental intentions and circumstances, but that may all be changing. The Supreme Court of Canada recently said that these cases should be looked at taking all relevant circumstances into consideration.
Many parents don't realize that a family court can appoint a lawyer for their infant children. Under family law in British Columbia and other provinces in the country, a lawyer for children can be appointed when child protection is an issue. There are times when the parents' consent is not required, especially when the children are involved in contentious divorce or custody proceedings.
Love and marriage. Divorce and mortgage. The rules that govern the marital playing field are fuelled by family law in British Columbia. Homeowners who have decided to divorce may be wondering what happens with their mortgage if they're carrying one. In most provinces, assets acquired during the marriage are divided equally between the partners, and that holds true for a matrimonial home.
Domestic violence can rip families apart. Family law in British Columbia has rules in place to safeguard individuals against violence, such as protection or restraining orders. But, do they really work? This directive orders the alleged violent person to stay away from his or her intended target who is named in the order. Perpetrators are not to have any interaction or communication with their victims, nor are they allowed to frequent areas where they are known to frequent like places of employment, schools, etc They also must turn in all weapons they own to the authorities.
A couple who made a living growing marijuana illegally for 20 years has split up. British Columbia has definitive family law rules, but how does dividing the profits from an illegal grow-op figure into a divorce situation? The two, who were married for 30 years, tried to share the assets, but since most of the transactions were completed using cash and scant records were kept, the court deemed their evidence of income was thin, often contradictory and lacking in credibility.
Divorcing a spouse doesn't mean divorcing the children, too. Family law in British Columbia takes into consideration what is in the best interests of the children and that usually means have a healthy, well-rounded relationship with each parent if possible. Divorce is in no way the fault of any children involved and although parents may relinquish the personal parts they play in a former spouse's life, they should continue to be there to support their children 100 per cent.
There tends to be a sense of urgency when a couple decides to divorce. But when looking at divorce legalities under British Columbia family law, it may make more sense for each individuals to take some time to think about the future before agreeing to anything. Those who wonder about their financial future after having signed a divorce agreement may be in trouble down the road.
There many be times when family members need a little help getting along. When issues can't be ironed out within the family dynamic, there are tools available under the British Columbia family law umbrella that may help -- such as alternative dispute resolution processes. A process which is controlled and in which the balance of power is on an equal footing may be helpful in resolving contentious issues within the family dynamic.
Making the decision that a marriage isn't working is no easy feat. Thankfully, there are resources under the family law umbrella that give individuals the tools to help with the process. Still, some people have many misconceptions about what divorce in British Columbia entails. The primary myth concerns a cheating spouse. Just because a partner is unfaithful doesn't mean the courts will side with the other partner.
Sharing in divorce doesn't always end up well. A British Columbia man who agreed to split his Canada Pension Plan credits 50-50 with the wife he was divorcing after 30 years of marriag has realized this. Marriage and divorce laws are provincially mandated and even though credit splitting with former spouses in British Columbia is not mandatory as it is is most provinces, this couple decided to share their accumulated CPP credits anyway.