We Are Divorcing - How Do We Share Our Pets?
In British Columbia, pets are generally considered property under family law. This means that when a couple separates or divorces, the court will treat the pet the same way as any other asset or property, such as a car or furniture.
However, in rare cases, the court has taken into account the well-being and best interests of the pet and has made orders that go beyond simply dividing the pet as property. For example, a court may order that one party has primary custody and control of the pet, or that the parties share custody of the pet in a way that is in the best interests of the animal. Much like the purchase of a car, typically, the court will assess who paid for the pet, who cared for the pet, and who “owns” the pet. Of note, this takes place in Small Claims Court, and not Family Court.
It's important to note that the law surrounding pets and family law is constantly evolving, and courts may take a more nuanced approach to the issue in the future. Additionally, couples who are separating or divorcing may be able to come to their own agreement about the care and custody of their pets without involving the court.
Family Justice Counsellor
A Family Justice Counsellor (FJC) in British Columbia is a professional who provides assistance and support to families going through separation or divorce. FJCs are typically employed by the Ministry of Attorney General, Family Justice Services Division, and their services are free of charge.
The role of an FJC is to help families resolve disputes and make decisions about parenting arrangements, child and spousal support, and property division. They do this by providing information, education, and mediation services to the parties involved.
FJCs are trained professionals who have expertise in family law, conflict resolution, and communication. They work closely with other professionals in the justice system, such as lawyers, judges, and mediators, to help families navigate the legal process and reach agreements that are in the best interests of the children involved.
FJCs can provide a range of services, including individual and group counselling, mediation, parenting education, and referrals to other professionals as needed. They also assist parties in preparing court documents and can provide information on court processes.
In summary, a Family Justice Counsellor in British Columbia is a professional who helps families going through separation or divorce resolve disputes and make decisions about parenting arrangements, child and spousal support, and property division.
Police Searches
Section 8 of the Canadian Charter of Rights and Freedoms protects the right of individuals to be secure against unreasonable search or seizure. This means Canadians have the right to be free from unreasonable searches and seizures by the government, including the police.
The section reads as follows:
"Everyone has the right to be secure against unreasonable search or seizure."
This right is an essential part of the protection of privacy and personal autonomy in Canada. It ensures that individuals are free from arbitrary interference by the government in their lives and property.
To exercise this right, individuals must have a reasonable expectation of privacy in the thing or place being searched or seized. For example, a person would reasonably expect privacy in their home, but not necessarily in a public place.
If the government wants to search or seize something, they must have a lawful reason to do so, such as a warrant issued by a judge. The search or seizure must also be reasonable, which means that it must be necessary to achieve a specific purpose and be conducted in a manner that minimizes the impact on the individual's privacy rights.
If an individual believes that their rights under section 8 have been violated, they can challenge the search or seizure in court. If the court finds that the search or seizure was unreasonable, any evidence obtained as a result of the search or seizure may be excluded from trial.
COVID-19 Reopening
As COVID-19 has changed how many of us are interacting with our families, friends, and co-workers at JSL Law, we have been trying to modernize our client communication process. Although we closed our office doors to non-staff as of mid-March, we are getting ready to reopen again on July 2. We will have hand sanitizer available for clients, and we are able to make sure social distancing protocols are followed. We will also be sanitizing our boardroom table, chairs, and other surfaces after each client meeting.
As we have implemented new technology during these unprecedented times, we have noticed a few themes from our clients. As many people are working remotely, have childcare responsibilities, or both, driving to a lawyer’s office might be inconvenient. After listening to our clients, we are happy to announce we are now able to meet with clients via Zoom video conferencing. This platform will allow you to speak with your lawyer from your computer or mobile device from the comfort of your home. Or a park. Or the beach. Or while walking the Seawall.
We hope that you can connect with us at a time and place that is comfortable for you. Usually, when someone is meeting with a lawyer, they already have some stress in their life. Hopefully, by being able to connect with your lawyer from your most comfortable chair and in an environment, you feel relaxed in, some of the stress might be reduced.
If you would like to have a “virtual meeting” with your lawyer, contact us, and we will take care of everything.
Of course, if you prefer to meet in person, our doors are always open to you!
COVID-19 Reopening Safety Update
As of mid-March, we made the difficult decision to close our doors to non-staff due to COVID-19. As some restrictions have lifted, and as the curve in BC has started to flatten, we are planning to reopen our doors on July 2, 2020. To ensure everyone’s safety, we will be implementing the following guidelines:
- Surfaces that are commonly touched, such as doorknobs, elevator buttons, light switches, equipment, and shared tools, will be regularly sanitized.
- All our staff has their private workspace to allow us to maintain 6 feet of space.
- If any of our staff are feeling symptomatic or have come in contact with symptomatic people, they will self-isolate and work from home
- We will only be meeting with one client at a time and making sure that we leave space between each client's appointment to allow us to sanitize common areas properly.
- We will have hand sanitizer and access to washroom facilities available for clients.
- We encourage clients to schedule meetings with us via Zoom video conferencing to limit in-person contact.
- We ask that clients bring their pen/paper to meetings; if this is not possible, we will provide a sanitized pen and new paper.
We are excited to reopen our doors, albeit in a controlled and safe manner!
COVID-19 Update
Since JSL Law opened our doors 40 years ago, our goal has been to provide high-quality legal services to our clients in an honest, transparent and straightforward manner. During this extremely volatile and challenging time for all of us due to COVID-19, we want to assure our clients and our prospective clients that we are doing everything possible to ensure the safety of our community. We have currently restricted public access to our office locations; however, we are still connecting with clients via telephone, video conferencing, and email to serve you and answer your questions.
In addition, we are adapting our free initial in-person consultations for new clients to free telephone or videoconference appointments for new clients. During this uncertain time, we will continue to make decisions and take all the measures necessary to assume our responsibilities as partners in our community and to continue to serve our clients. This period requires sacrifices from every one of us, and we thank you in advance for your resilience and trust. In closing, we wholeheartedly commend all those working in the healthcare field for all of their sacrifices and effort during this stressful time.
What Is A Hear The Child Report?
The British Columbia Hear the Child Society is a non-profit organisation that gives children the opportunity to share their views and have them considered when their best interests have been decided in the Family Justice System. Trained professionals who are neutral to the process will interview children and provide written reports with respect to the child’s views in Family Law disputes. The interviewer does not assess the child who is being interviewed or evaluate the child’s parents but provides a report that is close to a verbatim account of what the child had to say. These reports can then be used by parties to a Family Law dispute to move towards agreements or resolutions hopefully.
Generally, these reports are appropriate for children between the ages of 8 and 18, and the reports can be used by lawyers, judges, parents or mediators.
The cost of these reports are determined by the report writer and discussed with the parties ahead of time. Low-income families may be eligible for financial assistance with obtaining these reports.
For more information on a hear the child report, please contact our office, and our Family Law lawyers would be pleased to speak with you. For further information, please visit BC Hear the Child Society's website.
Do I Have To Pay Spousal Support?
Unlike child support, spousal support is not automatically payable following a separation. While child support normally becomes payable following a separation based on such things as the income of the parties, the parenting time or access schedule in place, and the location of the payor parent, spousal support can be more difficult to determine.
Spousal support is often based on the characteristics of your past relationship:
- What are the incomes of the parties?
- How long was the relationship?
- Are the children of the relationship?
- How old were the parties at the time of separation?
- Do the parties have assets?
- Was either party a stay at home parent?
- Does either party have health concerns?
The court will not automatically award spousal support following the breakdown of a relationship. The onus is on the party seeking spousal support to prove that they are entitled to receive support. If the party is the successful improving entitlement, the court must then determine how much support is paid and for how long.
Entitlement to spousal support and the calculation of spousal support involve many factors that are unique to each case. There are also Time limitations which apply to an application for spousal support based on whether you were in a common-law relationship or whether you were married.
If you are either seeking spousal support or are being asked to pay spousal support and have questions about your rights, please contact us to see how we can help; your first consultation is free.
Toll-Free: 1-877-860-7575
Can I Appeal My Criminal Conviction?
If you have been convicted of a criminal offence, you have the right to appeal that conviction. However, the purpose of an appeal is not to retry your case. The Court of Appeal can only set aside your conviction based on one of the following grounds:
- The verdict was unreasonable and could not be supported by the evidence;
- The judge made an error of law;
- There was a miscarriage of justice.
There are essential timelines that must be followed if you wish to appeal your conviction: you must file your appeal within 30 days from the date of your sentence. Although you may ask the Court of Appeal to allow you an extension of the 30-day time limit, it is strongly recommended to file your appeal within 30 days of your sentence as there is no guarantee an appeal court will grant you an extension.
Appealing a conviction is a difficult process. However, having a criminal record can drastically impact your life. If you have been convicted of an offence and wish to appeal the conviction.
Contact us to see how we can help; your first consultation is free.
Toll-Free: 1-877-860-7575