When we think of the term ‘child abduction’, we often think about children being kidnapped by strangers. However, in many cases, children are taken abroad or kept in another country by one parent (called the “abducting parent”) without the permission of their other parent (the “left-behind parent”). 

Navigating and understanding a family law case with full representation can be daunting; now imagine doing this on your own. This is what approximately 40% of British Columbian’s are currently having to do in their own family law case.

My name is Isa Nafissi, and I am a second-year law student at the Peter Allard School of Law at UBC. This past summer, I had the opportunity to work as a summer student at Kitsilano Family Law, where I gained hands-on experience by supporting the lawyers on various cases.

Under British Columbia’s Family Law Act (“FLA”) (and the Divorce Act), Queer couples enjoy the same legal rights as heterosexual couples. This means that the processes for separation, including obtaining orders or agreements on parenting arrangements, child support, spousal support, property division, and divorce, are the same for all families in British Columbia. 

On January 24, 2024, amendments (changes) were made to the Family Law Act (FLA) to reflect the long-held sentiment that pets are members of the family. It is no wonder why animals can become part of the dispute during a separation; the prospect of a person being separated from their pet can cause fear and distress for individuals.

On May 5, 2024, BC observed Red Dress Day in honour of the Murdered Missing Indigenous Women (“MMIW”) also referred to by many as “Stolen Sisters”. For many, this day of observance can be painful for loved ones of a Stolen Sister as many of these cases (reported and unreported) are left without answers.

The Kitsilano Family Law Group is excited to announce a new affordable service for self-represented clients: our new Coaching Subscription service.

Collaborative divorce is an alternative dispute resolution model to traditional litigation. It is an interest-based approach that has the couple work in a team setting. The objective, coming to a resolution that works for both spouses. 

When thinking about International Women’s Day, many things come to mind, but perhaps the word that best resonates for today’s global political landscape is “resilience”.

For many of our clients, having businesses and other property in our parts of the world was a normal part of their lives. But when these individuals have a looming separation or divorce, it soon becomes clear that their separation or divorce will be quickly complicated by the possible division of these overseas businesses and properties. What can you do to get full disclosure or prevent dissipation of overseas assets? What can you do when you dispute BC's jurisdiction and want another jurisdiction to make a determination over your separation or divorce issues?

It has come to media attention that Sophie Turner has filed a court action for the return of hers and Joe Jonas’ two young children to England. In the same court action, Sophie has asked the court to declare that their children have “habitual residence” in England. So, what happens now?

“Just get over it!”: a statement that many Indigenous people hear time and time again, especially those who went to residential school.

If your child has been wrongfully taken to, or is wrongfully remaining in BC, there are two main legal remedies that can help you in having your child returned home.

Even with the best planning, we cannot entirely avoid the challenges that are inherent to life. We can, however, make plans to weather those storms. Having a will and a representation agreement is a very practical way to “weather the storms” of life.

The COVID-19 pandemic has dramatically changed most people’s everyday lives in a matter of a couple of weeks. Effective March 19, 2020 and until further notice, the BC Supreme Court has suspended regular operations of all of its locations. However, the Court will continue to hear “essential and urgent matters”. What constitutes as an “essential and urgent” matter?

You are feeling stressed. Your children are also feeling anxious. One of the most difficult aspects of the COVID-10 pandemic is the sense of uncertainty. How long will these “physical distancing” measures be in place? When can we “go back to normal”?

A party cannot make a claim for family property or spousal support more than two years after the date of divorce (for spouses) or separation (for common-law partners). What constitutes separation? Is it the date that one partner says, “we’re over”? Or is it when one partner finally moves out? What if there is a period of “taking a break” or reconciliation? How do the courts make sense of often messy break-ups to decide on “the date the spouses separated” for the purposes of s. 198(2)(b) of the Family Law Act? 

We at the Kitsilano Family Law Group, take our staff and clients’ safety and well being seriously. The health and safety of everyone is of the utmost importance, so beginning March 18, 2020, the Kitsilano Family Law Group has begun taking measures to ensure that we can remain available to the public during these uncertain times with the Covid-19 pandemic.

A recent case in BC Supreme Court has established that it may be possible to resolve some relocation cases relatively quickly and inexpensively by way of summary trial. In the case of M.T. v. R.A., 2014 BCSC 795, the parties were jointly parenting a 7-year-old girl under a written agreement that had been in effect for approximately five years.

Children are impacted by separation and divorce and the impact on them will usually be worse if their parents engage in conflict. We at the Kitsilano Family Law Group encourage separating and divorcing parents to carefully consider the impact of separation and divorce on their children.

Kitsilano Family Law has handled numerous important cases over the span of almost four decades. While our recommendation and preference are to handle matters through dispute resolution, court action may be necessary. Rest assured, our case history is a testament to our client-centric support model — whether that happens inside or outside of court.

In a case decided in July, 2014, McIntosh v. Kaulbach, 2014 BCCA 299, the B.C. Court of Appeal overturned the decision of a trial judge who had ordered a mother who had moved to another town in B.C with her child following the breakdown of the relationship to move back.

In January, 2013, I took a two day course, Family Violence Screening for Dispute Resolution Professionals, to enhance my ability to recognize and deal with family violence in the context of family law cases. This course was beneficial for Kitsilano Family Law, especially in regards to British Columbia's new Family Law Act, which came into force in March, 2013.

Kitsilano Family Law has worked with a variety of clients, each dealing with their own unique circumstances. Although such situations are never easy, our staff at Kitsilano Family Law ensures that clients and their families receive the support they need. From co-parenting to child abduction, our firm specializes in family law dispute resolution.

In a recent case, Hughes v. Hughes, 2014 BCCA 196, the British Columbia Court of Appeal decided, in a split decision, that a British Columbia father did not have to pay child support to the mother of his child who had abducted the child to Italy.

I recently attended a conference put on by the British Columbia Trial Lawyers Association in Vancouver regarding family law. At this conference, ‘A Rock and a Hard Place – Complex Issues in Family Law Practice’, I was on one of the panels.

At the Kitsilano Family Law Group, we understand that clients are usually concerned about the cost of legal services. We recognize that this is a valid concern as legal services can be expensive, and for this reason it is important for clients to be clearly informed from the outset about the arrangements for payment for our services.

Bill Storey is a staple in B.C. Family Law. Moreover, his work in international child abduction cases has made him Canada's resident expert on the matter. Amidst his busy schedule, Bill still found the time to contribute to several publications and countless organizations. Below is a list of entities that showcase Bill's unflinching support for British Columbia's legal community.

In a recent case, Fotsch v. Begin, 2015 BCCA 403, the B.C. Court of Appeal has ruled that a trial judge did not err in deciding that a German mother should be permitted to move with her three year old child to Germany despite opposition from the Canadian father.

I attended the 2014 Association of Family and Conciliation Courts Conference which took place in Toronto at the end of May. At this year's conference a great deal of discussion centred around controversies that have developed over recent research concerning shared custody, and in particular whether shared custody, including overnights, is appropriate for infants and toddlers.

In late May 2013 I attended the annual conference of the Association of Family and Conciliation Courts in Los Angeles. This year’s conference was very special as it marked the 50th anniversary of the founding of this wonderful organization.

Cléa Amundsen of Kitsilano Family Law recently obtained accreditation from the Law Society of British Columbia as a Family Law Mediator. In order to obtain this accreditation, Cléa took 80 hours of approved mediation training.

The new Family Law Act came into force in British Columbia on March 18, 2013, replacing the old Family Relations Act. The new B.C. Family Law Act will result in a number of changes to the law.

In March, 2013, I took a two-day course on using mediation as a tool to resolve high conflict disputes. This course, which was sponsored by MediateBC, was conducted by Bill Eddy of the High Conflict Institute.

In recent weeks there have been some big changes at the Kitsilano Family Law Group. Quinn McRae, who has worked with us here at Kitsilano Family Law for almost three years, has left to pursue other ventures.