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Family

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Thursday, August 25, 2016 @ 08:00 PM

Family Law - Child protection - Protective agencies and institutions - Permanent crown wardship - Considerations - Best interests of the child - Parents’ ability to provide stable environment - Appeals

Not Applicable  ... [read more]

Thursday, August 25, 2016 @ 08:00 PM

Custody and access - Contest between parents and non-parents – Rights of non-parents - Grandparents - Practice and procedure - Appeals and judicial review - Stay of order pending appeal

Motion by the mother for a stay of a grandparent access order pending her appeal. The child was 2.5 years old. The child’s father had passed away from cancer the preceding year. The father’s parents sought to maintain a relationship with the child. The mother disputed the extent of the access sought by the child’s grandparents following a dispute over the father’s estate. A May 2016 order provided for two hour visits every ten days. The mother was entitled to be present at visits until July 2016. Between August and November 2016, the visits would increase to four hours every ten days. From December 2016 onward, the grandparents were entitled to access for six hours one day per alternating weekend. The mother appealed, listing 13 grounds of appeal alleging procedural errors that hindered her ability to state her case. She sought a stay of the order pending her appeal. ... [read more]

Thursday, August 18, 2016 @ 08:00 PM

Family Law - Custody and access - Considerations - Best interests of the child - Capacity or conditions of parents - Primary caregiver - Expert report or assessment - Removal of child from jurisdiction

Appeal by the mother from an order dismissing her request to relocate to California. The parties were married in 2004. The mother had two children from a previous marriage. The father adopted the youngest child and stood in loco parentis to the older child. A third child was born to the parties in 2007. The parties separated in April 2011. Between April 2011 and February 2012, the father completely withdrew from the children’s lives due to depression. Following treatment and parenting coaching, the father gradually re-established a relationship with the youngest child. In October 2012, the mother commenced a relationship with an individual who resided in California. The couple became engaged in 2014. The mother took severance from her employment in Manitoba and obtained an offer of employment in California. Prior to the engagement, the mother met with the father to discuss her proposed relocation with the children, but did not disclose her proposed living arrangements. The father consulted with the parenting coach and decided to oppose the move. Meanwhile, the mother relocated with the children and registered them in school. Upon learning of the father’s opposition, she returned with the children. The trial judge refused the mother’s request to relocate as contrary to the children’s best interests based on their ties to Winnipeg and the risk of long-term harm arising from the likely disruption. The mother appealed. ... [read more]

Thursday, July 21, 2016 @ 08:00 PM

Sins of the mother

This spring it was discovered that the children of Karla Homolka are attending school in Chateauguay, Que. Now known as “Leanne Teale,” Homolka was convicted of manslaughter as a result of her role in the murder of 14-year-old Leslie Mahaffy and Kristen French, 15, in the infamous Bernardo serial killer case. ... [read more]

Thursday, July 21, 2016 @ 08:00 PM

The truth about false memory

Two differing versions of the same event can often lead to high conflict and prolonged litigation in family law cases. The parties’ convictions that they are telling the truth fuel the conflict. As it turns out, people actually often believe their own “lies.” The fact is that our memories are often false. This little bit of information may help family lawyers take a step back from their case in an effort to reach a resolution to the conflict. ... [read more]

Thursday, July 21, 2016 @ 08:00 PM

Judges finding fault with the ‘early’ divorce

n/a ... [read more]

Thursday, July 21, 2016 @ 08:00 PM

Calculating execs’ spousal support can be complex

Executives at large corporations (private and public) often have compensation packages that pose challenges for determining net family property (NFP) and calculating income for child and spousal support purposes under the guidelines. ... [read more]

Thursday, July 07, 2016 @ 08:00 PM

B.C. child support ruling sets ‘precedent’

Not applicable ... [read more]

Thursday, July 07, 2016 @ 08:00 PM

Family Law - Custody and access - Considerations - Conduct of parents - Parental alienation - Practice and procedure - Orders - Variation or amendments of orders - Changed circumstances -

Not applicable ... [read more]

Thursday, July 07, 2016 @ 08:00 PM

Conflict Of Laws - Conflicts by legal area - Family law - Divorce, including recognition of foreign divorces

Not applicable ... [read more]