Family Law Blog

In Canada, an application to the court in a family law proceeding can be made either the in Provincial Court or the Superior Court. Depending on the province, the Superior Court is called the Supreme Court or the Court of Queen’s Bench.

The family law lawyers at Crossroads Law are often asked how old a child should be before he or she can be left at home alone. In Canada, only three provinces establish a minimum age at which children can be left home alone.

Step-parents can be held responsible for paying child support. The term “in loco parentis” is Latin for “in place of a parent” and this is the term used by the courts for step-parent. This term is used in situations involving a person who is not a biological parent, but has taken on responsibilities for the child, like a parent would.

Corollary relief is something that a party seeks from the Court, that is in addition to the main relief they are seeking. In family law matters, corollary relief is most often understood as referring to issues of spousal support, child support, parenting, and division of property.  The main relief being sought from the Court is a Divorce Judgement, but related to the divorce itself are a host of issues that the parties need to deal with as they begin to untangle their lives.  

It is very clear that people love their pets. There are now pet spas and salons and pets can even get acupuncture. When divorce happens the issue of who gets Fluffy often arises and some people also want to know if they can claim support for pets like they would for children.

Mediation is always best… or is it? Many lawyers will propose mediation automatically as the default starting point in a family law dispute. While mediation is often the best place to start, sometimes starting with mediation can lead to wasted time and resources.

After a separation, many people wish to restart their lives in a new city, and more often than not, a place where there is new opportunity. Our clients often say to us, “I want to move with my child (or children), how do I do that?” Moving with your child or children in British Columbia requires several steps before you can relocate.

Court Appearances are a very stressful part of relationship breakdowns. Most often, parties can work together to avoid going to Court, but occasionally the only way to overcome an impasse is to bring the matter before the Court. Once you decide to bring a matter before the Court the next step is filing the appropriate materials, often including Affidavits. An Affidavit is a written statement of the relevant facts, which you swear to be true.

An important aspect to consider with any family court application is that of court costs. For example, if you are successful, you could have legal costs awarded in your favor payable by your ex-spouse, or if you are not successful, you may be ordered to pay legal costs to your ex-spouse. It is important to understand how costs are determined, so there are no surprises if/when or you do go to court. 

Many people think that they need to make an application to the Court or have some sort of document formalized in order for their separation to be recognized.  Many are surprised to learn that the act of separating does not require a formal process.