Frequently Asked Questions About Family Law
Family Law often tends to confuse clients due to its numerous intricacies and varying parameters. This results in clients having a ton of questions, but not many places where they can obtain accurate answers. As a leading barrister and solicitor in family law,Gary Vlug has answered some of the most Frequently Asked Questions about how family law works.
- If I can't see my children do I still have to pay child maintenance?
Yes! Child maintenance is owing no matter what. It is seen as the right of the child to be supported by someone who brought them into this world. Whether child maintenance was paid, is often used as an indicator by judges as to how much parenting time should be ordered.
- If I have custody, I can take my children across the border whenever I want to right?
Custody and taking children across borders are separate ideas. Practically speaking, it is the border guards or plane carrier who will check your documents for consent to travel documents from the other parent and if you don't have them you could be turned away.
- When is my child old enough to decide for himself/herself who he/she wants to live with?
There is never a time at which a child has a guaranteed right to choose for himself/herself, although the court is more likely to listen to a teenager rather than make an order that the teenager may snub, bringing discredit to the court.
- If I have custody can I move where I want to?
No, you should give sixty days notice of intention to move to anyone who even might have rights to visit with the child.
- If my name is on the property, can't I do what I want with the property because it is mine?
The court is the one who decides who owns a property. You could have your name removed by the court, so having your name on a property doesn't mean anything. If you sell a property and acquire another, the claim of you ex-spouse also transfers to the new property so it is better to deal with claims on your property before moving on.
- Can I get a divorce right away or do I have to wait?
There are three grounds for divorce: separation for a year, cheating, and abuse. If one claims the latter two, it is likely that one's spouse will defend against the claim rather than be found to be a cheater or abuser. If one chooses separation for a year, the year of separation must be completed before applying for a divorce.
- How long does spousal maintenance go on for?
Spousal maintenance is based on a software calculation: the Federal Spousal Support Guidelines generally calculate that it goes on for as long as the relationship was.
- Does child maintenance end when the child reaches the age of majority (nineteen)?
Child maintenance continues so long as the child pursues meritorious post-secondary education.
If you have any more questions about family law or your family’s legal situation, get in touch with the experts at the office of Gary Vlug - Barrister and Solicitor. With over thirty years of experience at all levels of BC courts, we use our know-how to support and guide you through your legal issues and do our best to negotiate a peaceful outcome. To know how we can help you, please click here or contact us by clicking here.