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October 2017 Archives

Do Children get a Voice in Family Proceedings?

In making an agreement or order for care and time of children the parties and the court must consider the best interests of the child only. Under the Family Law Act, Division 1, Section 37(2), there is a specific list of factors to consider in determining the best interests of children. At subsection b on that list it states that the child's views should be considered unless it would be inappropriate to consider them. Therefore, if it is determined that it is appropriate to consider the views of the child then the court may appoint someone to assess the views of a child in relation to a family law dispute. That person must be a family justice counselor, social worker or another person approved by the court and must be independent of the parties. However, practically speaking how does this happen? There are different ways in which this evidence can be obtained. The most commonly used are the Views of the Child Report and the Voice of the Child Report. What's the difference?

Dealing with Debt after Separation

When is Filing a Consumer Proposal the Best Option for Dealing with Debt?

Guest Post - Gareth Slocombe, CIRP, CPA-CA, Trustee

Separating spouses may experience debt problems due to numerous reasons:

Understand your legal options. Make informed decisions. Contact the family law lawyers of Henderson Heinrichs LLP


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