Settlement Focused Litigation

How you can enforce your legal rights, get “unstuck,” and move towards settlement, without necessarily going to trial.

A judge can help in moving towards settlement

Some 95% of cases result in settlement. Especially in family law, however, settlement may only occur after timelines have been set, and time pressure has had its effect. It’s human nature: people don’t want to admit they are wrong, people don’t want to pay, people resist change. Often, there is no “carrot” to make people want to agree to change.

How can someone overcome another person’s tendency towards the status-quo? Continue reading “Settlement Focused Litigation”

2017 Holiday Lawyer Joke

We found this holiday legal joke in a Christmas cracker this morning.

Happy holidays 2017!

Christmas Legal Joke. Question: What do you call santa's helpers? Answer: Subordinate clauses

Travel with Children: Free Template Itinerary

Winding Roller Coaster

A parent who is going to travel with a child will often provide an itinerary to the other parent. Sometimes this is court-ordered. Other times, this is done just as a useful co-parenting step. In either case, it gives the parent staying at home some peace-of-mind that they can help watch out for their children in the event something happens when they’re on the road.

Court Order Examples

Some examples of the British Columbia Supreme Court ordering itineraries are below, and you will see that they include some common elements which are covered in the downloadable free sample itinerary.
Continue reading “Travel with Children: Free Template Itinerary”

Top 6 procedural considerations in Provincial or Supreme courts in British Columbia family law

Winding Roller Coaster

Knowing whether Supreme Court of Provincial Court is better suited to resolving your family law case might save you time, money, and stress. The procedure each court uses to resolve claims is an important factor in getting a fair and fast result. Below are six important similarities and differences between Provincial and Supreme Court. Continue reading “Top 6 procedural considerations in Provincial or Supreme courts in British Columbia family law”

Jurisdiction in British Columbia family law: know which court can make the order you need

In British Columbia, there are two main courts that handle actions: Supreme Court, and Provincial Court. Provincial Court is more limited in what it can do (its ‘jurisdiction’ is smaller), so knowing the difference between the two can be the difference between getting what you want, and not. Continue reading “Jurisdiction in British Columbia family law: know which court can make the order you need”

BC Family Justice

Systematic and Cultural Change, and the FLA

Just after our province’s Family Law Act, SBC 2011, c 25 (“FLA”) came into force in March 2013, the Canadian Forum for Civil Justice (“CFCJ”) called for “systematic and cultural changes to the way we resolve family conflicts,” saying that Canadian family law is “highly evolved and comprehensive… , [but] the procedures by which this substantive law is invoked are increasingly complex, unaffordable and inaccessible, [and] [w]ithout access to the mechanisms to implement them, the substantive rules have limited value.” The crux of access to justice issues is that however theoretically good rules are, if they don’t create practical benefit to citizens, they aren’t doing their job.

Access to Justice in family law is especially important because Continue reading “BC Family Justice”