Custody/Guardianship

9 06, 2016

I want to keep my pet if we split up.

The case Haywood v. Carrasco 2016 BCPC 71 reflects the state of the law pertaining to the “custody” of pets. When the common-law couple split up, they shared the dog, Kali, until one occasion, while under the common-law ex-husband’s care, Kali escaped the fenced yard and was found running on the Barnet Highway. The common-law [...]

9 06, 2016

There is an order from the court that I am not happy about.

If the court has made an order that you are unhappy about, you must make arrangements to apply to the court of have the order varied, set aside or appealed. You must not simply ignore an order. Even if you think an order is wrong, you must nonetheless obey it. “A court order, made by [...]

9 06, 2016

I am not seeing my children.

Under s. 37 of the FLA, parenting issues must be determined based only on what is in the best interests of the children. Section 37 states: “In making an agreement or order […] respecting guardianship, parenting arrangements or contact with a child, the parties and the court must consider the best interests of the child only.” This analysis includes [...]

9 06, 2016

Will we share the children 50-50?

Upon or even before separation, parents should reach agreements regarding future parenting arrangements. Usually, a shared parenting arrangement is in the best interests of the child. With respect to parenting time and parenting responsibilities (also referred to as “custody, guardianship and access”), our two Acts are almost identical. Section 16(8) of the Divorce Act states [...]