Family Law for Non-Family Lawyers 2013

Course Date: September 30, 2013

Welcome and Introduction

Overview of the Family Law Act

  • dispute resolution under the FLA
  • court’s management of litigants, court process, and enforcement
  • the new law about children: guardianship, parenting arrangements, and contact
  • changes to the law about child support and spousal support
  • the new law about property division: excluded property, family property, and family debt
  • family violence and protection orders

Mary E. Mouat, QC — Quadra Legal Centre, Victoria 

Networking Break

Corporate and Tax Issues Under the New Family Law Act

The scenario: you are a corporate/tax lawyer and your client is going through a divorce.

  • what information do we require from a client’s corporate lawyer/avoiding conflicts 
  • the new triggering event: separation date and entitlement to assets
  • valuation of assets and excluded property
  • butterfly transactions in a family law context

Nikki Charlton — Farris, Vaughan, Wills & Murphy LLP, Vancouver
Eli C. Walker — Aaron Gordon Daykin Nordlinger, Vancouver

Questions and Discussion

Lunch (on your own)

Wills & Estates and Family Law

  • the status of family law claims upon the death of a party
  • support obligations and estates
  • guardianship of children: testamentary and standby appointments
  • children’s property

Anna Laing — Fasken Martineau DuMoulin LLP, Vancouver

Bankruptcy and Family Law: Property Issues

  • effect of one spouse's bankruptcy on division of family property under the Family Law Act
  • importance of timing of bankruptcy vis-a-vis date of separation (the new “triggering event”)
  • effect of bankruptcy on spousal and child support obligations
  • practical reality of the legal analysis of family law in insolvent circumstances

Brandi Stocks — Davis LLP, Vancouver
H. Lance Williams — Davis LLP, Vancouver

Criminal and Family Law

  • protection orders and their enforcement under the Code; service requirements 
  • effect of protection orders on civil orders for parenting time and contact; importance of bail/release conditions that preserve a person’s right to see his or her children
  • reconciliation and criminal restraining orders; the importance of s. 810 peace bonds
  • criminal charges and claims involving custody and parenting arrangements; the unexpected effects that common criminal charges can have on a family matter
  • when to contact the client’s family law lawyer
  • CFCSA matters

Graham A. Kay — Webber Weiser McKinley & Kay, Kamloops

Networking Break

Immigration and Family Law

  • distinct definitions of family relationships in immigration vs. family law
  • overview of spousal support and sponsorship obligations in the immigration context
  • “best interests of the child” and the immigration treatment of non-removal orders regarding children of foreign national parents
  • new conditional permanent residence provisions: when immigration status can affect a party’s right to remain in Canada after separation

Deanna L. Okun-Nachoff — McCrea & Associates, Vancouver
Deborah L. Zutter — Mediator and Retired Lawyer, West Vancouver

Questions and Discussion