Written by: HHLaw (View All Posts
) Published: April 6, 2020
Categorized: COVID-19 (Coronavirus), Family Law.
We now have a BC Provincial Court decision which provides guidance on what will constitute an urgent matter that can be heard by the court during the court closure due to COVID. J.W. v. C.H., 2020 BCPC 52 (CanLII), http://canlii.ca/t/j65hw
This is what the court had to say:
- The concern must be immediate; that is one that cannot await resolution at a later date;
- The concern must be serious in the sense that it significantly affects the health or safety or economic well-being of parties and/or their children;
- The concern must be a definite and material rather than a speculative one. It must relate to something tangible (a spouse or child’s health, welfare, or dire financial circumstances) rather than theoretical;
- It must be one that has been clearly particularized in evidence and examples that describes the manner in which the concern reaches the level of urgency.
Then, it passes that threshold, it must be urgent. To be considered urgent, there must be some issue of immediate concern. Examples of this may include:
- An imminent plan to relocate with a child or to remove a child.
- An imminent or recent threat of family violence against a family member.
- An imminent threat that a party may be arrested or committed to jail.
- An imminent risk of irreparable harm, including undue financial loss, if an application is not heard at this time.
If you need guidance in determining whether your situation would be urgent, please call us at 604-669-3500 to set up a free consultation.
