Alienation in divorce in British Columbia may come at a high cost

On behalf of Peterson Stark Scott posted in Divorce on May 30, 2019.

It is usually safe to say that couples who are ending their relationships may not see eye-to-eye on many issues. British Columbia residents who are facing divorce may be at odds on most things, but adding fuel to the fire by alienating a former partner or spouse may mean having to dig deep into a pocket to foot the cost of family court. Often, contentious issues between former spouses may in...

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Can family law order force someone to pay vehicle insurance?

On behalf of Peterson Stark Scott posted in Family Law on May 27, 2019.

Court orders can accomplish many things. But can a British Columbia family law court order be enforced when it directs a vehicle owner to insure a vehicle that is to be transferred to a former spouse? The British Columbia Supreme Court ruled no after a separating couple were embroiled in a financial dispute over whether they were actually considered to be spouses. Although their trial is se...

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Family law: When mental health issues figure in custody decisions

On behalf of Peterson Stark Scott posted in Family Law on May 21, 2019.

Divorce situations can be embroiled with all kinds of issues. Parents may often be at odds regarding the custody of their children. British Columbia family law always has the best interests of children at heart and there are times when a parent's mental health comes into play and the individual's therapy records could be used by a family court judge to make custody and access decisions.

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Family law: Are final agreements really final?

On behalf of Peterson Stark Scott posted in Family Law on May 9, 2019.

When a couple decides to part ways, they may choose to have a separation agreement drawn up. Under family law in British Columbia, these agreements need to have certain things in them in order to be considered binding and final. In fact, they may never really become final at all.

In a case in British Columbia, a couple married in 1996. They separated in either 2013 or 2014 —just one ...

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Reassuring children of divorce they still have a family

On behalf of Peterson Stark Scott posted in Divorce on May 1, 2019.

Parents who are divorcing need to reassure their children about many things, including allaying any insecurities they may have as their parents separate. When British Columbia parents make the decision to divorce, it's likely their children may take it harder than they do. Parents need to remind their kids that they will still be a part of a family and they will always be loved as always by ...

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Divorce no longer seen as the societal taboo it once was

On behalf of Peterson Stark Scott posted in Divorce on April 26, 2019.

There used to be a time decades ago when no one talked about a couple separating. Those embroiled in a divorce were treated somewhat like social pariahs. Today, however, divorce is seen by many separating couples in British Columbia as a reason to celebrate rather than to hide one's head in the sand. For the most part, the negatives associated with divorce have vanished.

That doesn't ...

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Should your beneficiaries really inherit the same amount?

On behalf of Peterson Stark Scott posted in on April 19, 2019.

It seems straightforward. If you have three children, shouldn’t they each inherit a third of your assets? Not necessarily. Leaving your beneficiaries the exact same dollar amount without taking into account their tax bracket could short them thousands of dollars in taxes.

What do tax brackets have to do with it?

When beneficiaries inherit from an estate, they ...

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New language could help British Columbia co-parents raise kids

On behalf of Peterson Stark Scott posted in Family Law on April 18, 2019.

There is an old adage that says doing things the same way all the time and expecting different results is par for insanity. Such is the same when it comes to divorced parents who co-parent their children. When British Columbia parents co-parent their children from different perspectives, problems may arise, so learning how to communicate with each other in a new way with the help of family l...

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When property division becomes problematic in a divorce

On behalf of Peterson Stark Scott posted in Property Division on April 9, 2019.

Couples who are heading for divorce obviously have had clashes of communication and likely don't see eye to eye on many issues. When divorcing British Columbia couples don't agree on property division, they have two choices -- each can get the help of a family law professional to help sort out the problems or head to court and let a judge decide. Alternative dispute resolution may be the ans...

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Family law: Judge supports teen’s desire to transition genders

On behalf of Peterson Stark Scott posted in Family Law on April 2, 2019.

A judge recently ruled in favour of a 14-year-old female beginning testosterone injections so she can begin the transition to the male gender, despite the fact the teen's father isn't in agreement. The British Columbia judge went a step further in this family law proceeding and ruled that if the youth was referred to by her birth name or gender it would constitute family violence. If the cou...

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