In SSG v. SKG 2022 ABCA 379 Canlii, after a 26-day trial involving a high-conflict couple, the court made orders for a detailed parenting plan for two children, ages 9 and 10-years old, retroactive and ongoing child support payable by
Lawdiva's Blog
Lawdiva's Blog, published by Georgialee Lang Attorney & Arbitrator, focuses on family law and related legal issues, including child support, custody disputes, and litigation strategy. The blog discusses procedural challenges in family law cases, such as counsel availability and court order interpretations. It also covers appellate advocacy, arbitration, and mediation within family law contexts. The blog analyzes complex legal topics like income determination for corporate shareholders in support cases, Hague Convention abduction disputes, and tort claims such as conspiracy in family law. It provides commentary on significant court decisions and practical guidance for navigating family law litigation and dispute resolution.
Latest from Lawdiva's Blog - Page 7
Misconduct and Lack of Contribution are not Grounds for Reapportionment of Property
In He v. Guo 2022 BCCA 355 the court considered whether a false immigration complaint levelled by Mr. He against his wife of 3 ½ years was a proper consideration for a 100% reapportionment of property owned by Ms. Guo…
SCORCHED EARTH LITIGATION: DETRIMENTAL TO CHILDREN AND A BURDEN ON SCARCE JUDICIAL RESOURCES
In a family law case that was described as a clear example of the need for judicial economy and consistency, which invoked the integrity of the administration of justice, the court acceded to the claimant wife’s application to declare findings of…
Discretionary Trust Does Its Job in Family Law Case
In Cottrell v. Cottrell 2022 the BC Supreme Court addressed the subject of discretionary trusts and how and when they are divisible as family property between separated spouses. The Cottrell’s began their marital relationship in 1994 and separated in 2017.…
Appeal Court Considers Role of Foster Parents and Customary Care Arrangements
A six-year old indigenous girl was the focus of the Ontario Court of Appeal’s decision in ML v. Dilico Anishinabek Child and Family Care 2022 ONCA 240 where the court considered whether the child’s caregivers since she was 8-days old…
An Exhausting and Ruinous Parenting Case: JM v. EM
It is sad, but true, that despite the best intentions of lawyers, judges and parenting experts, family law cases can go off the rails and careen into unexpected and destructive outcomes. J.M.v. E.M. 2022 ABCA 49 is such a case.…
BC’s Leading Case on Parental Alienation
The leading case on parental alienation remains the case of Williamson v. Williamson 2016 BCCA 87 and has been referred to in over 100 cases by courts in BC, Ontario, Alberta, and Yukon.
The appeal case arose from a chambers decision…
Ground-Breaking Covid Decision in Family Law
What can I say about Mr. Justice Pazaratz that has not already been said by others? There is no doubt that he “can be counted on to tell it like it is”; is “thoughtful and child-focused”; and is “known for his…
Standard of Review Remains Elusive in Family Law Arbitrations
Family law arbitration continues to find acceptance in British Columbia, although its welcome has been a slow, albeit steady trajectory. One of the benefits of arbitration is its private nature, and lawyers and arbitrators only hear of this alternative dispute…
Can a Child Custody Expert Perform Dual Roles: Assessor and Mediator?
Can a child custody expert retained to provide an assessment of the children and their parents, modify his or her role during an arbitration where he is the expert, and put on the additional hat of mediator? That is the…