A fresh perspective on divorce, spousal support, child support, parenting after separation and everything family law

Family Court: go and watch

Almost every client I have who has not been to court before – and is considering bringing a court application or starting a court action – wants to know what is going to happen during their time in the courthouse.

When I am asked the question “what is court going to be like” my usual answer, after giving a general explanation of the court process, is: “go and check it out to see first hand…admission is free”. The public can watch proceedings in the British Columbia Supreme Court and British Columbia Provincial Court on most weekdays.

In British Columbia there are certain proceedings that are closed that are closed to the public (i.e. you cannot watch them without permission from the court). For example, you will not be able to watch Judicial Case Conferences and cases that have publicity bans. The majority of cases, however, are open to the public.

If you would like to go and watch court, to get an idea of what it is all about, you can find the Court Registry in your region online.

If there is a specific case you want to watch, a specific Justice, Judge or Master you would like to see or a specific type of proceeding that you would like to learn about, you can find the court room and time by looking at the Hearing Lists online.

Often the most useful proceedings to watch, if you are involved in a family law case, are family law chambers. During family law chambers you will usually be able to see a number of different types of issues being dealt with (for example child support, spousal support and parenting time) in one morning. You will also get the opportunity to see a number of different lawyers arguing different cases.


Avoid not knowing what is going on… go and spend a morning at court

Family Law Act: article in Victoria News

Earlier this week Daniel Palmer of Victoria News interviewed me on the topic of the new Family Law Act.

The new B.C. Family Law Act provides sweeping changes that will affect many of the 15,000 cohabiting couples in the Capital Region and more than 160,000 couples in the province.

“If you have lived in a marriage-like relationship for at least two years, the law now considers you a spouse,” said Christine Murray, a partner at Victoria-based Cassels-Murray Family and Estates Law.

For the first time, common-law couples are subject to the same legal rights and responsibilities of married couples.

If a couple separates, any gains in assets or debt incurred during the relationship are now split down the middle, regardless of which partner owns them.

“That property includes real estate, personal property, bank accounts, generally anything with value owned by one or both spouses at the date of separation,” Murray said.

Property acquired before the relationship began, as well as gifts, inheritances and damage awards will still be protected from equal division.

“If it is a couple’s intention to keep their property separate, they’ll have to enter into a written agreement to make sure they can have their intentions carried throughout their relationship,” Murray said.

Some questions, such as whether or not both partners are responsible for the depreciation value of a home, will have to play out in court, she added. It could also be difficult to prove when a relationship began, as Kreisler and her partner illustrate with their roommate-to-romance situation.

“It’s not a clear-cut, black-and-white test,” Murray said.

Check out the full text of the article online here or in today’s paper.