Top Things to Consider When Hiring a Family Lawyer

Posted on February 8, 2023 by Timothy

Family law includes the legal issues that can arise within a family unit. This can include divorce, child custody, adoption, prenuptial agreements, guardianships, and more.

The main focus of family law is to protect the rights of all family members, as well as to resolve disputes and disagreements. It also covers property and assets division, child support, parental rights and obligations, and spousal maintenance.

If you are dealing with any situation involving your family unit, it’s essential to hire a professional with experience. Dealing with family is already challenging; that’s why you’ll need reliable and knowledgeable counsel.

To help make the process easier, here are five things to consider when hiring a family lawyer.

Reputation

A family lawyer’s reputation is a significant factor for many reasons. Firstly, you need to feel confident about your lawyer’s track record. You want to make sure they have experience handling similar cases with a positive outcome.

Secondly, a family lawyer with a good reputation will understand the emotional nature of family law cases and will be able to provide the necessary support and guidance to their clients.

Experience

Experience is vital when choosing a family lawyer as it allows them to gain the insights and skills needed to handle complex family law cases.

An experienced lawyer has likely dealt with various issues and will have first-hand knowledge to handle your case with sensitivity and efficiency. Familiarity with the courts, court procedures and common tactics used in defending a client’s interests will all be beneficial.

An experienced attorney will provide the best advice and guidance through complex legal processes. They can clearly explain the possible consequences associated with each decision. With an experienced lawyer, you will have confidence in knowing your case is in good hands.

Communication

Lawyers need to know how to communicate effectively with clients, which is vital for building a professional relationship of trust and understanding. Effective communication is key to understanding the legal process, a client’s needs, and how best to represent them in court.

A lawyer needs to be able to explain legal proceedings to the client in a way that is easily understood and provides a clear path forward. Family lawyers need to be able to listen and comprehend any worries or issues their clients may face to give the best legal counsel.

When attorneys communicate effectively and openly with their clients, the legal process can be smoother, more efficient, and more successful.

Fee Structure

Lawyers typically charge different rates, so knowing how much you will pay for their services is necessary. It’s also important to understand the scope and nature of their services.

Knowing the lawyer’s fee structure allows you to choose a lawyer within your budget. The lawyer should also be able to provide you with a payment plan if needed so that their services stay accessible.

Some lawyers even offer a sliding fee scale based on income or have a low-cost fee structure for those who cannot afford their services. You must inquire about these options to find out if they are available, as they can help make the legal process financially possible.

Location

You must consider your lawyer’s location because you will most likely spend time in their office. Consider the office hours as well; if your work or family obligations make it difficult to visit the office during regular hours, you’ll want to make sure they offer flexible meeting times.

Also, take note of the location in terms of the court. If your case is likely to involve appearing in court, you’ll want a lawyer close to the court to ensure minimal travel time and expenses.

In addition, consider the lawyer’s connections in the legal community, as it may give them an advantage in handling your case.

Conclusion

Researching a lawyer’s background, experience, and fees can ensure that you have the best representation for your legal matter. Consider how you feel about the lawyer you choose, as they will represent you in court. Lastly, always read and understand any legal documents before signing them. Taking the proper steps ensures that you have the right family lawyer for your case.

If you require an attorney with experience in family law in Abbotsford, contact us at Pathfinder Law. We also offer legal services for civil litigation, estate law, employment law, and more.

What Every Father Should Know about Child Custody in Canada

Posted on November 24, 2022 by Timothy

Fathers in Canada have just as much right to child custody as mothers do. In fact, the Canadian government has put into place several initiatives to help ensure that fathers are given equal consideration in custody cases.

The first and most important thing to understand is that the term used in Canadian family law is “parenting order.” A parenting order is a court order that sets out the rights and responsibilities of each parent with respect to their child.

There are two main types of parenting orders in Canada:

1) Sole custody: This type of order gives one parent the right to make all of the major decisions about their child’s life, such as decisions about their education, health care, and religious upbringing. The other parent still has access to their child but does not have a say in how they are raised.

2) Joint custody: This order gives both parents the right to make significant decisions about their child’s life. Both parents must consult with each other and come to an agreement on decisions such as those about their education, health care, and religious upbringing.

It is important to note that, in Canada, there is a presumption in favour of joint custody. That means that unless there are extenuating circumstances, the court will assume that joint custody is in the child’s best interests.

Extenuating circumstances that may lead the court to award sole custody to one parent include:

One parent has a history of violence or abuse
One parent has a substance abuse problem
One parent is unable to care for the child due to mental health issues

If you are a father seeking custody of your child, you must speak to a lawyer about your options. The law is complex, and your case’s outcome will depend on your situation’s specific facts.

The Impact of Father’s Rights on Child Custody

Fathers’ rights have been a contentious issue in family law for many years. The impact of fathers’ rights on child custody is complex, and there is no one-size-fits-all answer.

Fathers’ rights vary depending on the jurisdiction and are constantly evolving. In some cases, fathers may have minimal rights regarding child custody, while in others, they may have significant privileges.

The impact of fathers’ rights on child custody can be positive and negative. On the one hand, fathers’ rights can ensure that fathers are more involved in their children’s lives. That can be beneficial for both the fathers and the children. On the other hand, fathers’ rights can also lead to conflict, harming children’s well-being.

The issue of fathers’ rights is complex, and there is no easy answer. Fathers’ rights need to be considered on a case-by-case basis, considering each family’s individual circumstances. Still, both parents must be represented well in court and have an equal chance of getting custody rights.

Conclusion

It is important to note that fathers do have rights when it comes to child custody in Canada. While the courts may give preference to the mother in some cases, many factors will be considered when deciding custody. Fathers should, therefore, not hesitate to assert their rights and seek legal advice if they feel they are not being given the consideration they deserve.

Need a child custody lawyer in Abbotsford to fight for your rights as a father? Pathfinder Law is a professional firm that provides various legal services to clients in Abbotsford and other parts of British Columbia. The firm’s services include family law, civil litigation, construction law and builders liens, employment law, wills and estates, and business law services. Contact us to learn how we can help you.

Unequal Division of Family Property: When Can the Court Order It?

Posted on October 18, 2022October 22, 2022 by Timothy

The law surrounding the division of property in a divorce is complex. In Canada, the court can order an unequal division of family property in certain circumstances. Under the Family Law Act, there are two types of property: family property and excluded property. Family property is divided equally between spouses, unless there is a reason to do otherwise. Excluded property is not divided between spouses and includes gifts, inheritances, and property owned before the marriage. The court can order an unequal division of family property if it would be unfair to divide the property equally. The court will consider a number of factors when making this decision, including the length of the marriage, the financial contribution of each spouse, and the needs of each spouse. If you are going through a divorce, it’s important to seek legal advice to ensure that your property is divided fairly.

When Does the Court Order an Equal Property Division?

In BC, the court will usually order an equal division of family property and debt on separation regardless of their respective contributions under Section 81 of the Family Law Act, unless there is an agreement that says otherwise. If a family law claim has been started in BC Supreme Court, spouses can agree to an unequal division of property and debt and incorporate the terms of their agreement into a Consent Court Order.

When Does the Court Order Unequal Division of Family Property?

The court may order an unequal division of family property in cases where there is a significant difference in the value of the parties’ property or where one party has significantly greater income-earning capacity than the other. The court may also consider other factors, such as the length of the marriage and the needs of the parties, in determining whether to order an unequal division of property. Valid reasons for an unequal division of family property can include, but are not limited to:

One spouse contributed significantly more to the acquisition, preservation, or improvement of the property;
One spouse has a significantly greater need for the property;
One spouse will suffer significantly more significant hardship if the property is divided equally;
The property is subject to a significant debt or other liability;
The property is a family home, and dividing it equally would be impractical or cause undue hardship; or
Other special circumstances justify an unequal division.

What Are the Factors That Influence the Court’s Decision for Unequal Division of Family Property?

The court takes into account a number of factors when making a decision about the unequal division of family property. Some of the key considerations include:

The length of the marriage;
The contributions made by each spouse during the marriage (including financial and non-financial contributions);
The needs of each spouse;
The age and health of each spouse;
The income and earning capacity of each spouse;
The value of the property to be divided;
The impact of the division of property on the ability of each spouse to meet their needs;

The court will also consider any agreements that the spouses may have made about the division of property, as well as any relevant factors set out in provincial or territorial family law legislation.

The Bottom Line: Understanding the basics of Unequal Division of Family Property

If you are married and thinking about getting divorced, it’s crucial to understand the basics of the unequal division of the family property regime. This will help you to determine whether it may be an option for you, and if so, what factors the court will consider in deciding whether to grant an unequal division of your property. If you are facing divorce and need help with asset division in Abbotsford, get in touch with Pathfinder Law today. We can help you protect your assets, and ensure that you get what you are entitled to. Contact us today to schedule a consultation!

Figuring Out Family Law: Separation and Separation Agreements

Posted on September 7, 2022 by Timothy

A separation agreement can be helpful for partners or parents considering divorce or who have already separated, making it easier to divide financial and parental responsibilities to minimize the fallout for affected parties. It can also help them work out their differences and agree on the terms of their separation.

This is why, in family law, this agreement is a contract between a husband and wife that details how they will live apart and handle financial matters during the end of their relationship. The agreement should include provisions for child custody, visitation, child support, spousal support, division of property, and division of debts.

Defining Separation

Per BC law, a spouse is someone either:

Married.
Lives together with a partner like in a marriage.
Has been so for at least two years.
Or has been so for less than a year and has had a child.

Marital separation occurs when they:

Decide their relationship has ended.
Tell the other person about it.
Act like the relationship is over.

Interestingly enough, spouses don’t need to agree for separation to occur. It can happen when the other party initiates it. Separation usually means that a couple is no longer together. This could be because they divorced or simply ended their relationship. When a couple separates, they usually stop doing things together, like eating, sleeping, and doing chores. They may also stop going out together.

In BC, there is no need to go through any legal processes or sign documents to separate from your partner. All you need to do is split up. If you plan on divorcing, you should keep track of your separation date. This data can affect your rights when dividing property, debt, and support.

The Importance of Separation Agreements

A separation agreement is a legally recognized contract between a father and mother or two partners with children that details how they will live apart. The agreement can cover many different family law issues, including spousal support. Spousal support is when one spouse gives financial help to the other. The agreement will contain provisions and parameters such as:

The parents will have to provide financial support for their children; this is typically called child support.
Parenting arrangements are the plans parents make for how they will care for and share time with their children. This can include how often the children will see each parent, what kind of contact the children will have with each parent, and who will make decisions about the children’s care.
The custody agreement should state who the children should live with and how childcare decisions will be made.

A separation agreement also aligns both parents regarding how they will raise their children. This includes where the children will live, which parent will make decisions about their education and health, and how much time the other parent will spend with the children. Parents can make their parenting plan or ask a court to make one for them since it is legal, enforced by law, and much cheaper than resolving family disputes through court.

Practice Family Law Right with Pathfinder

Here at Pathfinder Law, our range of legal services, such as civil litigation, construction law, or family law in Abbotsford, help our customers find the best direction forward after any untoward incident. Visit our website or call us at 604-850-4685 to get your complimentary consultation.

9 Types of Family Lawyers in Canada: A Beginner’s Guide

Posted on August 24, 2022 by Timothy

There are many different types of family lawyers in Canada, each offering specialization for a particular concern. This guide will help you understand the different types of lawyers and how they can help you with your family law matters.

1. Common Law

Common law lawyers are also known as divorce lawyers. Common law family lawyers deal with cases involving marriage, divorce, child custody, and other family law matters. They represent clients in both provincial and supreme courts.

2. Family Court

Family court lawyers represent clients in family court proceedings. They deal with cases involving divorce, child custody, and other family law matters.

3. Pre- and Post-Nuptial

If you are getting married, you may want to consider a pre-nuptial agreement. This agreement between you and your future spouse outlines how your assets will be divided in the event of a divorce. A postnuptial agreement is similar but is signed after you are already married.

4. Disability

Disability family lawyers help clients with disabilities obtain the benefits and services they are entitled to.

5. Real Estate, Wills, and Power of Attorney

To buy or sell a home, you must hire a real estate lawyer. A real estate lawyer can help you with the transaction’s legal aspects and ensure everything is done correctly.

On the other hand, you may want to consider creating a will for your property, assets, or debts. A will can help ensure that your property is distributed according to your wishes after your death. Finally, a power of attorney is a legal document that gives someone else the authority to act on your behalf in financial or legal matters.

6. Enforcement of Court Orders

Enforcing a court order can be a difficult and complicated process. If you need to implement a court order, you should consider hiring an experienced lawyer to help you. For example, if you have a restraining order against someone and they violate it, a lawyer can help you file a motion to enforce the order.

7. Family Mediation and Alternative Dispute Resolution (ADR)

If you are going through a divorce or child custody dispute, you may want to consider hiring a lawyer to help you resolve the issue. A lawyer can help you negotiate a settlement agreement and represent you in court if necessary.

In addition, if you have a conflict with someone you cannot resolve on your own, you may consider using alternative dispute resolution (ADR) methods such as mediation or arbitration. A lawyer can help you navigate the ADR process and represent your interests.

8. Cohabitation Agreements

If you are in a relationship with someone and you are not married, you may want to consider creating a cohabitation agreement. This document can outline each person’s rights and responsibilities in the relationship and what will happen if the relationship ends.

9. Family Property Division and Sharing

When a relationship ends, there may be a property that needs to be divided or shared. This can include things like the family home, vehicles, furniture, or any other possessions that you and your partner have acquired during the relationship.

A lawyer can help you determine what is fair and equitable in your situation and negotiate on your behalf to reach an agreement with your ex-partner.

Final Thoughts

There are many different types of family lawyers in Canada. Each type of lawyer has its own unique set of skills and knowledge. So, when choosing a family lawyer, it is important to select one with the experience and expertise you need.

If you are looking for an expert on family law in Abbotsford, Pathfinder Law is the right place for you. Our team focuses on a collaborative approach to family law, acknowledging how delicate these cases may be. Book a complimentary consultation today to learn more about our services.

Family Law Blog – Retroactive Child Support

Posted on June 23, 2021October 6, 2022 by Timothy

Family Law Blog – Retroactive Child Support

In family law proceedings a common issue that may arise is the financial aspect of the children’s care. Whether you or your former partner are responsible for paying child support, you’ll want to ensure that the correct amount is being paid. Retroactive child support can be a grey area that you may find yourself dealing with and is defined as past child support owed for a child that has not been paid or was underpaid for a determined period of time.

There are two reasons you may be expected to pay or receive retroactive child support:

For an extended period, the recipient parent does not seek or apply for child support
The receiving parent requests child support but ends up having to wait a long period of time for a court date and order for continuing or retroactive child support.
The payor parent does not inform the recipient of their increase in income so the recipient doesn’t receive more money.

Knowing what you are obligated to pay (or receive) can affect you greatly, so you’ll want to ensure that the amounts are calculated correctly, in accordance with the Family Law Act.

One such case that delves into this area of family law is Michel v. Graydon, 2020 SCC 24, which was decided by the Supreme Court of Canada in 2020, and it dealt with retroactively altering child support orders under the Family Law Act. The Supreme Court of Canada overturned the B.C. Court of Appeal’s decision in Michel, based on the case law of Dring v. Gheyle, 2018 BCCA 435.

In Dring, a five-panel division of the Court of Appeal found that the court lacked authority to make an order where an application to retroactively seek child support. An original FLA order was filed after the status of “child” was no longer applicable. In Michel, the B.C. Court of Appeal used the Dring case law and denied the mother’s request for retroactive child support.

Michel’s mother took her case to the Supreme Court of Canada. The mother requested that child support amounts be amended based on the father’s actual income, which was higher than what was revealed in the original judgement. The time period in question spanned over 11 years, and by the time the application was filed, the child was no longer considered a “child” by definition in the Family Law Act.

Despite the beneficiary child no longer fitting the definition of “child” under the FLA at the time the application is filed, the Supreme Court of Canada concluded that an order to retroactively vary child support can be made. The court reached this judgement by interpreting section 152 of the Family Law Act and cautioned against carelessly dismissing these applications because it could encourage parents to evade child support responsibilities.

Section 152 of the Family Law Act states:

Changing, suspending or terminating orders respecting child support

152 (1) On application, a court may change, suspend or terminate an order respecting child support, and may do so prospectively or retroactively.

(2) Before making an order under subsection (1), the court must be satisfied that at least one of the following exists, and take it into consideration:

(a) a change in circumstances, as provided for in the child support guidelines, has occurred since the order respecting child support was made;

(b) evidence of a substantial nature that was not available during the previous hearing has become available;

(c) evidence of a lack of financial disclosure by a party was discovered after the last order was made.

Michel is notable because it involves a request to retroactively vary an existing ruling under section 152 of D.B.S. v. S.R.G., 2006 SCC 37, which held that original orders for retroactive child support under s. 15.1 of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) could only be granted if the child is a “child of the marriage” at the time the application is made. It is suggested that in the D.B.S. scenario, it might be time to reconsider the “material time” to file an application in the D.B.S scenario. However, until such a review occurs, B.C. courts have continued to find that if the subject child is no longer a “child of the marriage,” there is no authority to impose a retroactive initial judgement for child support under the Divorce Act (see Segura v. Segura, 2020 BCSC 650).

Because each family circumstance is so unique, seeking the help of an experienced family lawyer is the best course of action when dealing with family law issues. At Pathfinder Law, we have the expertise to ensure that you and your children are being treated fairly and that you are paying or receiving the correct amount.

Leaving child support issues unaddressed can result in higher amounts owing, negative court judgements and complicated legal cases. To receive knowledgeable advice on how to proceed with your family law case, contact Pathfinder Law. We look forward to helping you find the best resolution.

Disclaimer – The information contained herein is of a general nature. It is not intended to be legal advice and it is not intended to address the exact circumstances of any particular individual or entity. You should not rely on or act upon such information without receiving appropriate professional advice and without a thorough examination of your particular situation.

What is a Desk Order (Uncontested) Divorce?

Posted on April 1, 2021October 6, 2022 by Timothy

What is a Desk Order (Uncontested) Divorce?

A desk order divorce, or uncontested divorce, is the agreeable ending of a marriage between two parties. Necessary papers are filed and there is no court appearance. Instead, a Judge reviews your divorce documents outside of the courtroom and grants a divorce, ending the marriage legally.

When a case is undefended or uncontested from the start and no family claim has been filed; or when the spouses bring a joint family law case, it can be ideal to have a desk divorce. This saves court time and resources as well as time and money for the parties involved.

Definition of Undefended Family Law Case [§1.3]

An “undefended family law case” is defined in Rule 1-1(1) of the Supreme Court Family Rules:
Definitions
(1) In these Supreme Court Family Rules, unless the context otherwise requires:
“undefended family law case” means a family law case in which one of the following is true:
(a) the family law case is a joint family law case and no party has filed a notice of withdrawal;
(b) no response to family claim has been filed;
(c) a response to family claim was filed but has been withdrawn or struck out;
(d) a response to the family claim and a counterclaim has been filed but the notice of family claim and any response to the counterclaim have been
(i) withdrawn, or
(ii) struck out, discontinued or dismissed;

A high number of desk order divorces are rejected by the courts due to inadequate or improperly filed forms, causing a delay in your divorce finalization. Having the assistance and guidance of a lawyer during your divorce process can ensure that all required forms are drafted correctly and filed in the correct order allowing you to move on with your life faster, while saving money.

Time Frame

From the time your divorce is granted by the court, if no appeal has been filed, your divorce becomes automatically final after 31 days. After the 31 day period, you are permitted to re-marry should you wish to do so.

Here to Help You

Having the help of a lawyer in your divorce can not only reduce the stress in a situation that can be uncomfortable but also prevent any avoidable delays. Pathfinder Law expertly navigate the desk divorce process and will be happy to assist you when you are ready to move forward with your divorce. Serving Abbotsford and the surrounding Fraser Valley, BC. Contact us today.