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Relocation: Applying to Relocate and Objecting to Relocation
Olivia Mark Olivia Mark

Relocation: Applying to Relocate and Objecting to Relocation

Planning to move to another province after separation from your child’s other parent? Whether it is for a new job, to be closer to family, or for a fresh start, it is important to assess how the move might affect your children and their relationship with their other parent, especially if there is a parenting or child support order in place.

While adults in Canada are generally free to relocate, moving with children involves additional legal considerations. Even in the absence of a previous court order in relation to the child, the court will still consider the reasons for the move and whether it is in the best interests of the child, not whether the parent would relocate without the child.

Where a court order grants the other parent access or parenting time, relocation may require either their consent or permission from the court. In all relocation cases, the primary focus and concern is the best interests of the child, not just the preferences of the relocating parent.

This blog post provides an overview of relocating with children, including the proper requirements for relocation and how to object to a relocation. Before making any big decisions, it is a good idea to consult a lawyer to have a good understanding of your legal obligations.

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Do Donors and Surrogate Parents Have Child Support Obligations?
Abby Pang Abby Pang

Do Donors and Surrogate Parents Have Child Support Obligations?

Fertility law and assisted reproduction is a fascinating area for family law practitioners. The Assisted Human Reproduction Act, S.C. 2004, c.2 is the legislation that regulates assisted reproductive technologies including surrogacy.

In BC, the Family Law Act, S.B.C. 2011, c.25 regulates situations in which families use assisted reproductive technologies, to determine parentage of a child. The need for this legislation arose due to social trends including legalization of same-sex marriage, increase in single parenting, and the recognition that biology, is not a prerequisite to establishing legal parentage. The following are the relevant sections of our Act.

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Navigating High Net Worth Separations in BC
Abby Pang Abby Pang

Navigating High Net Worth Separations in BC

Separations and divorces are rarely simple, especially when it involves a high net worth family with complex financial issues. When one or both parties have significant assets or financial complexity, the stakes rise considerably. In BC, high net worth separations are governed by the same laws as other family law matters under the Family Law Act, but the process can be far more intricate due to the nature of the assets and relationships involved.

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Understanding Financial Disclosure in Family Law Proceedings
Abby Pang Abby Pang

Understanding Financial Disclosure in Family Law Proceedings

Financial disclosure is a fundamental component of any family law proceeding involving child support, spousal support, or property division. It ensures transparency and fairness, allowing the court—and the parties involved—to make informed decisions based on accurate financial information. This blog discusses who is required to provide disclosure, what happens when circumstances change, and the consequences of failing to comply.

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What Are Personal Distributive Taxes in Family Law BC?
Abby Pang Abby Pang

What Are Personal Distributive Taxes in Family Law BC?

Distributive taxes are tax obligations arising out of a transfer, sale, or division of property after a separation in family law proceedings in BC. The types of taxes to consider are Property Transfer Tax, taxes on RRSP withdrawals, income taxes, and other deferred taxes.

When a family property is a business, parties in family law proceedings often engage with an expert in business valuations to valuate the worth of a business. A common and frequently asked question is whether lifetime capital gains apply.

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Applying for a Court Interpreter in BC Law Proceedings
Jenny Tiwana Jenny Tiwana

Applying for a Court Interpreter in BC Law Proceedings

Clear and effective communication is the cornerstone of justice. In family law matters—often fraught with high emotions and complex legal issues—the ability to understand and participate fully in court proceedings is not just a benefit, but a right. For individuals involved in family law disputes in British Columbia who do not speak English fluently, or who are deaf or hard of hearing, the court system offers interpreter services to ensure they are not disadvantaged in the legal process. This guide explains your rights, the process for requesting an interpreter, and why timely action is critical to safeguarding your interests in court.

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Varying Child Support
Cindy Fu Cindy Fu

Varying Child Support

After a court has issued a child support order, many parents wonder whether that order is final. The short answer is: no, child support can be varied under certain conditions. Life changes—such as job loss, changes in income, or shifts in parenting arrangements—can make an existing support order unfair or unworkable.

So, what does a child support variation look like, and when does it take effect? What is the legal test the court uses to decide if a variation is justified? And under what circumstances can a parent apply for one?

This blog post explores how a party to a family law proceeding in British Columbia can apply to vary a child support order, the legal standards that apply, and the common situations that may give rise to such an application.

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Business Valuations - Part 2
Lesleigh Mackenzie Lesleigh Mackenzie

Business Valuations - Part 2

This is blog is part two of a series regarding business valuations under the Family Law Act (FLA) in British Columbia. If you have not read the first post, you can find it here. While part one provided an overview of business valuations in family law generally and how they are used, this blog will dive further into specifics of the valuator, how to use the valuation in court, and what happens if you do not accept a valuation that has been conducted.

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Business Valuations - Part 1
Lesleigh Mackenzie Lesleigh Mackenzie

Business Valuations - Part 1

When a relationship breaks down, the parties must divide family property according to Part 5 and 6 of the Family Law Act (FLA).  Generally, family property and debt will be divided equally between the parties. If you or your partner owns or are a shareholder of a business, partnership or proprietorship, this is considered family property and will also have to be divided. However, it cannot be divided if the parties do not know or agree on the value of the business.  This is when the valuation of the business becomes appropriate.

The process of valuating your business can be confusing and overwhelming. The following blog provides a brief overview of business valuations in the family law context. This includes the different types of business valuations, the information needed for one, who conducts the valuation, and what you can expect from the process.

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Varying a Final Order: Is This Possible and What is The Process?
Jasmine Kalali Jasmine Kalali

Varying a Final Order: Is This Possible and What is The Process?

Life doesn’t stand still—and sometimes, neither can a court order. Whether it’s a job loss, a move, or a change in your child’s needs, circumstances can evolve significantly after a final order is made. In this blog, we explain when and how a final family law order in British Columbia can be varied, what qualifies as a “material change,” and how to navigate the legal process.

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What is Trial Adjournment? How do I Adjourn my Trial?
Jasmine Kalali Jasmine Kalali

What is Trial Adjournment? How do I Adjourn my Trial?

If you’re heading toward a family law trial, it’s natural to feel a mix of emotions—anxiety, relief, urgency. But what happens if something comes up and you’re not ready for trial? Can you delay it? The short answer is: Yes, under certain circumstances, you may be able to ask the court for an adjournment. A trial adjournment is the postponement of a scheduled trial date to a later time. Adjournments are not granted automatically, and courts are generally reluctant to delay proceedings without a valid reason. This blog will walk you through what an adjournment is, why it might be granted, what the process looks like, and the legal authority for it—particularly Section 223 of the British Columbia Family Law Act.

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How to Apply for Sole Conduct of Sale of the Family Home After Separation in BC
Abby Pang Abby Pang

How to Apply for Sole Conduct of Sale of the Family Home After Separation in BC

What happens when the parties to a family law proceeding separate? How do they deal with their former family home? When some parties try selling a former family home jointly, but are unable to do so because of a lack of cooperation or delay, what can the other party do? This blog explores how a party to a family law proceeding can apply for sole conduct of the sale of a former family home after separation in BC.

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Parenting Time: The Potential Role of Video Calls and Online Communication in Custody Arrangements
Jasmine Kalali Jasmine Kalali

Parenting Time: The Potential Role of Video Calls and Online Communication in Custody Arrangements

Parenting time is a crucial aspect of family law, ensuring that children maintain meaningful relationships with their guardians after separation or divorce. The British Columbia Family Law Act provides clear guidelines on how parenting time is allocated, modified, and enforced. In recent years, the role of virtual communication—such as video calls and online messaging—has grown significantly in custody arrangements. This article outlines the legal framework for parenting time in British Columbia and explores the increasing relevance of virtual communication in maintaining parental bonds.

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Parenting Time Denial: When It’s Wrongful and When It’s Justified
Jasmine Kalali Jasmine Kalali

Parenting Time Denial: When It’s Wrongful and When It’s Justified

After separation, parenting time can sometimes be denied, but it’s important to understand when this is wrongful and when it’s justified. Denial may be justified if there are concerns about family violence, the child’s health, or the other parent’s behavior, such as being under the influence. However, wrongful denial can lead to legal remedies, including compensatory time, financial penalties, and other court-ordered actions. It's essential for parents to understand their rights and options in these situations.

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What Happens To Your Family Home After Separation?
Abby Pang Abby Pang

What Happens To Your Family Home After Separation?

After separation there are many ways to handle the family home, or other family property. The parties will need to decide if they want to keep the home, or sell. If the parties want to keep the home, then one party can buy the other party out, or agree to do so at a later date. If the parties are not going to be able to afford the home, given that the parties will likely need two separate homes, then the parties can choose to sell.

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DARVO Tactics in Family Law: How Abusers Manipulate the Legal System
Abby Pang Abby Pang

DARVO Tactics in Family Law: How Abusers Manipulate the Legal System

There has been an alarming rise in abusive individuals using legal mechanisms to manipulate the narrative, silence their accusers, and reframe the dynamics of victimhood. A key tactic used by these individuals is DARVO – an acronym for Deny, Attack, and Reverse Victim and Offender. This term, coined by psychologist Dr. Jennifer Freyd in the 1990s, describes a common tactic used by perpetrators of abuse when confronted with their actions.

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Legal Coaching—What is it?
Lesleigh Mackenzie Lesleigh Mackenzie

Legal Coaching—What is it?

Hiring a lawyer can be expensive and is often not a tenable option for every person. However, representing yourself in a legal case and/or court can be a daunting, confusing, and overwhelming task. Unlike hiring a lawyer for full representation in your family case, a legal coach can assist and help you manage your case as efficiently as possible to allow you to achieve the best possible results as a self-represented litigant with minimal legal fees. Illuma’s very own Abby Pang is now a certified legal coach.

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