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July 2019 Archives

Division of property: Your vehicle or mine?

Yours, mine and ours. That's the way things work in British Columbia when it comes to the division of property in a divorce situation. Assets can include all types of things from motorcycles, vehicles, property and furry family members. A lot of contention is enmeshed with vehicles that both individuals in the relationship might use. To whom do they really belong?

Family law: Father reunited with child after abduction situation

A father was in tears after his 4-year-old son was returned to the country by his mother and the man's former wife. The woman was accused of abducting the boy after failing to return him to his father, who lives in Alberta. There are rules under the family law umbrella that speak to such situations regarding child custody matters, whether they happen here or abroad.

Family law: Helping autistic children through the divorce process

Divorce can be especially difficult on children. Under British Columbia family law, the best interests of children are always at the forefront. Children with special needs -- like those with autism -- may need more help to cope with their parents' divorce. Finding a mental health professional who has experience with children and autism may be helpful to the child, his or her parents and other family members.

Children's issues: An unwilling father and child support

Men who have become unwilling fathers may still be on the hook for child support payments. Alberta has definitive laws when it comes to children's issues and one of those has to do with supporting children financially and emotionally. Even when a man doesn't want to become a father, he may have to support his child financially if it is in the best interests of the child.

Your options for the family home during a breakup

Owning a home may be the dream of many in British Columbia. For couples in love, a home is a place they can make their own. They may plan for their home to be the place where they raise their families, welcome grandchildren and grow old together. These may have been your dreams, too. However, if your relationship is in trouble, the home where you live together may be another heavy task to deal with.

Family law: Self-representation could be harder on the pocketbook

For those who think they want to go it alone in court when it comes to issues pertaining to family, they might want to rethink their stance. Family law litigation cases in Alberta can be extremely complex and individuals who are bent on self-representation, believing it can save them money, may be sorely misguided. Statistics show that representing oneself in family court can actually cost more than having experienced legal counsel.

Family law: Stepparenting children in British Columbia

Stepparents may have a number of issues that comes with parenting children that are not biologically their own. Stepparents have been given a negative stereotype in the past, but most wish to become positive role models for their stepchildren and British Columbia family law gives them the tools with which to do so. It is incumbent upon a parent and a stepparent to always do what is in the best interests of a child -- even when a stepparent separates from or divorces the biological parent of a child.

Children's issues: When parental fighting affects kids adversely

Many children are like little sponges, and they soak up the energy in their environments whether that energy is positive or negative. When parents are divorcing, there could be a lot of fighting going on between parents, and that has a bearing on their children. When it comes to children's issues in British Columbia, parents need to realize how they act toward each other -- if they're continually fighting -- as it may affect their children in ways that could do emotional damage.

New law to govern division of property of common law couples

Couples who have been living together without getting formally married have some considerations when they decide to separate. When it comes to the division of property, Alberta common law couples -- those who have been living together for three or more years or less than that if they have a child together -- will soon be  governed by laws under the Adult Interdependent Relationship Act (AIRA). The law comes into effect on Jan. 1, 2020.

Family law: Parental gifts may affect spousal support payments

Parents sometimes like to give their adult children monetary gifts to help them along. But parents in Alberta should know that under family law rules, that money might, in fact, boost a child's spousal payments if he or she is the one making those payments to a former spouse from whom he or she is divorced. Courts look at many variables which could affect spousal and/or child support and financial gifts may be one of those markers.

Family law: How a business can be on the hook for spousal payment

When a couple divorces, both individuals have a lot to think about. Under family law rules in British Columbia, one spouse usually pays the support to the other based on individual circumstances, but when the payor is also a business owner, he or she has some added considerations. If the company is incorporated, it is generally protected from shareholders' personal responsibilities; however, that is not always the case, especially when the soon-to-be divorced couple are the only shareholders.

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

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