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How is Frozen Reproductive Material Treated in Family Law Agreements in British Columbia?
If you and your partner are preparing a family law agreement, you may be wondering whether frozen reproductive materials can be included as property. Frozen reproductive material refers to eggs, sperm, or embryos that have been preserved through freezing (cryopreservation) for future use in fertility treatment, family planning, or assisted reproduction. This is a sensitive and complex area of law that touches on both provincial family property rules and federal laws regulating assisted reproduction.
This post will explore how frozen reproductive materials are treated under the Family Law Act (BC), how the Assisted Human Reproduction Act (Canada) affects these agreements, and how courts across Canada have handled disputes involving frozen reproductive materials. We will also look at what you can and cannot include in a family law agreement if frozen reproductive materials are involved.
Can Paternity Be Challenged After Separation and How Does It Affect Child Support in British Columbia?
British Columbia family law provides a clear legal framework for resolving parentage disputes and determining child support obligations. Understanding how paternity tests, parentage declarations, and child support intersect can help individuals protect their rights while ensuring children receive appropriate support. Click on the blog to learn more.
Guardianship vs. Adoption in British Columbia: What’s the Difference, and What Should Step-Parents Consider?
When caring for a child who is not your own, two legal paths often arise: guardianship and adoption. While both allow an adult to take on significant responsibility for a child, they create very different legal relationships in British Columbia. Understanding these distinctions is important for determining which option is best for your family and the child’s long-term well-being.
In this blog, we aim to provide a general overview of the differences between adoption and guardianship within BC. If after reading this post you have any further questions, please do not hesitate to reach out to a member of our Vancouver Family Lawyers.
Is a Stepparent Obligated to Pay Child Support in BC? Case Brief of OZ v MZ
It is generally understood that biological parents are obligated to provide child support after separation, but when it comes to stepparents, the rules are not as clear. This often raises questions about whether they have the same obligations as parents or guardians. This blog post defines what a stepparent is, discusses whether stepparents are obligated to pay child support and when they are obligated, and breaks down the case of OZ v MZ.
What is the Adoption Process in BC?
Making the decision to adopt is a life-changing commitment and can profoundly impact the lives of both children and adoptive parents. While adoption is often a deeply rewarding experience, the process in British Columbia involves numerous procedural and legal requirements that can feel overwhelming at times.
In this blog, we aim to provide a general overview of the steps involved in adoption within BC, helping prospective parents better understand what to expect along the way. From initial inquiries to final legal approvals, we’ll walk you through the key stages of the journey.
Adoption in British Columbia is governed by the Adoption Act, R.S.B.C. 1996, c. 5, with the purpose of providing new and permanent family ties through adoption, giving paramount consideration in every respect to the child’s best interests. If after reading this post you have any further questions, please do not hesitate to reach out to a member of our team here.
A Quick Guide to Fertility Agreements
Fertility Agreements in family law in BC, cover the terms and conditions regarding the use of assisted reproductive technologies in broader family systems. Fertility Agreements set out the rights and responsibilities of the parties involved in the use of reproductive arrangements in their families including issues like surrogacy, donation of eggs, sperm and embryos.
Read for more information.
What I Need To Know About Divorce in BC
Going through a divorce can be one of the most challenging times in your life, both emotionally and legally. Whether you’ve just separated or are thinking about filing for divorce, it helps to understand how the process works in British Columbia, what your rights are, and when you might need professional guidance. In this blog, we answer some of the most common questions people have about divorce in BC.
What Is Trauma-Informed Lawyering in Family Law in BC?
Trauma-informed lawyering in British Columbia family law recognizes the deep impact trauma has on survivors and ensures that individuals escaping domestic violence are treated with compassion, dignity, and fairness. This approach seeks to correct systemic biases and improve safety within the legal process.
Is ChatGPT a Reliable Source for Legal Advice?
As artificial intelligence tools like ChatGPT gain popularity, many people wonder if these platforms can provide reliable legal guidance. On the surface, it might seem convenient to ask a computer for advice on complicated laws, but the reality is far more complicated. In practice, ChatGPT is not a trustworthy source for legal advice. Our experience, along with numerous real-world examples, shows that AI-generated legal information is often inaccurate and potentially misleading.
Read for more information and our thoughts.
Do You Really Need a Lawyer for Your Will?
With online will kits becoming increasingly popular, you might be wondering, “Do I actually need a lawyer?” The answer depends on your personal circumstances. For some, a DIY will may be sufficient, but for many—especially those with more complex estates—it can be risky to go it alone. Factors like blended families, business ownership, out-of-province property, or the overall size of your estate can make professional guidance crucial. While online tools can simplify the process, estate planning is rarely one-size-fits-all, and that’s where a lawyer’s expertise comes in.
Common Estate Planning Myths: What You Need to Know About Wills
An estate plan is a collection of legal documents that outline what should happen to your assets and loved ones if you pass away or become unable to make decisions for yourself — for example, due to an illness, accident, or stroke.
A complete estate plan usually includes a will, powers of attorney, and other documents that make sure your financial and personal wishes are carried out according to your intentions.
Read further to explore the various common myths held about these legal documents.
How Do the Courts Deal with Secret Families in Family Law Matters in BC?
When a marriage ends and one spouse discovers that the other has maintained a “secret family,” the emotional impact can be enormous—but in family law, the focus is on the financial consequences. British Columbia courts do not punish moral wrongdoing. Instead, they look at whether a spouse’s conduct has caused an unfair financial impact on the division of family property. The case of Poon v. Yuen, 2024 BCCA 374, provides a clear example of how the courts handle such situations under the Family Law Act.
How to Appeal BC Court of Appeal Family Law Decisions to the Supreme Court of Canada
When a family law matter has gone through the BC Supreme Court and the BC Court of Appeal, you may wonder whether it’s possible to take your case even higher. In Canada, the Supreme Court of Canada (SCC) is the country’s highest court, and in exceptional circumstances, it can review decisions made by provincial appellate courts, including family law cases.
How to Appeal a Supreme Court Family Law Decision to the BC Court of Appeal
Appealing a decision to the BC Court of Appeal is a critical step in family law cases. At this level, your case is reviewed by a panel of three judges, who consider whether the trial judge in the BC Supreme Court made an error that affected the outcome. For an appeal to succeed, at least two of the three judges must agree that the original decision was incorrect.
Appealing a Family Law Order in Provincial Court or Supreme Court in BC
If a judge in either Provincial Court or Supreme Court makes an order that you believe is wrong, you may have the option to challenge it. In BC family law, some decisions can be reviewed by a higher court through an appeal. Appeals are only available in specific situations, usually where the judge or master made a mistake in applying the law or in interpreting the facts. Because strict deadlines apply, it’s important to get legal advice as soon as possible.
Do I Need a Lawyer to Divorce in British Columbia?
When facing the end of a marriage, one of the first questions many people ask is whether they need a lawyer to get a divorce in British Columbia. The short answer is no — you do not need a lawyer to get divorced in British Columbia. However, there’s much more to it than that. While anyone can represent themselves, the process can quickly become complicated, and having an experienced family lawyer can make a significant difference in ensuring your rights are protected and the process goes smoothly.
Thinking About Divorce in BC?
If you’re considering divorce in BC, you’re not alone. Ending a marriage is one of the most significant transitions in life—emotionally, financially, and legally. Whether your situation is straightforward or complicated, understanding how divorce works in BC can help you make informed decisions and plan your next steps with confidence.
What Does Co-Parenting After Separation Look Like?
In British Columbia, co-parents may use separation agreements or parenting plans to set out parenting schedules after separation. Parenting plans should always put the children’s best interests first, and should not be solely based on the convenience of the parents.
Coercion and Control in Family Law BC
Family violence is a serious issue, and in Canada, it is recognized as any form of abuse, mistreatment or neglect from another family member, or from someone they have an intimate relationship. We understand that family violence can happen to anyone - regardless of gender, age, economic status, or cultural background.
What Is Occupational Rent in Family Law in BC?
Occupational rent is a concept used in family law when one spouse remains in the family home after separation, effectively excluding the other from using it. It’s essentially compensation paid by the occupying spouse to the non-occupying spouse for having exclusive use of the shared property.
In British Columbia, courts may order occupational rent as part of a broader division of family property. However, this isn’t an automatic entitlement. Instead, it’s an equitable remedy, meaning the courts use it to achieve a fair and just result based on the specific circumstances of the case.