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. The consensus was that, while some recent research had suggested that shared custody, including overnights, is not appropriate for very young children, the preponderance of evidence indicated that it may well be appropriate, even beneficial, in cases in which there are two good parents and the child is bonded with both parents.
The evidence also indicated however that such shared parenting time should be introduced slowly in cases in which one parent had not had an opportunity to spend a lot of time with or form a close bond with the child. It was apparent from discussions at the conference that this area of family law is still developing and remains controversial and that continuing research is needed.
Queer Separation in British ColumbiaUnder 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.
Pets under the Family Law ActOn 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.
Red Dress DayOn 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.