Services

Grey divorces, when mature couples decide to part ways, are becoming more common. The kids are grown, careers are stable, retirement may be in sight and, in some couples, there is enough financial security to pursue a different life.

We help you navigate these special circumstances as you adapt to a dramatically different lifestyle. For some, there are numerous, and perhaps valuable, assets to divide and we gently support you in creating the new life that awaits you.

You set the pace that is right for you and we endeavour to keep relationships intact while protecting your rights and financial future.

When a relationship is not working out the road can get bumpy and impassable creating additional distress for you. When you and your spouse are contemplating separation, it is time to seek legal advice – finding a lawyer who you trust and who demonstrates skills, but also compassion – is imperative in our view.
 
As your lifestyle and living arrangements approach potentially dramatic shifts, your lawyer should be steady, calm and reasoned, providing you with security and confidence. In all circumstances, we provide important advice at this stage to protect you and begin planning for your future, and that of your children. 
 
In high conflict situations, we are particularly experienced and skilled. On many occasions, we receive clients from other family lawyers in other law firms where spouses or partners are extremely difficult, including those who exhibit narcissistic behaviours making resolution more difficult.
 
Our negotiation skills are deployed early in our efforts to represent you and reach your goals. And yet, from day one we are building your case and preparing to take your matter to court and argue with skill and passion for your rights. Our perspective is on the long run and your best interests, including the well-being of your children today and in the future. We believe in conducting ourselves responsibly and respectfully with all parties involved because the outcomes are the same but peaceful resolutions, even if hard-fought, are healthier for everyone.

It is widely understood that a divorce is one of the most difficult events you will experience in your lifetime. For this reason, it is critical that you have access to all the support you need to ensure the most effective and peaceful resolution possible.  Equally important is that your rights are protected, and this requires proactive and ongoing efforts until an agreement is in place. We can advise and give advice on the best process – mediation, negotiation or litigation – to resolve your matter.
 
Our clients include men, women and members of the LGBTQ community who are seeking an exit from a variety of situations. We help you gain control and will unburden you from the legal demands of getting a divorce, whether contested or uncontested.
 
While you consider your next stage in life, we are tenaciously planning for your best possible outcome from your current situation. In some situations, this requires skilled strategies in managing a combative or difficult spouse.  We can and will protect you, as we have done for many others.
 
If you have agreement on parenting arrangements, support and/or property issues, you still need the court to grant a divorce. In these situations, couples can apply jointly for divorce. Filing jointly eliminates the need to serve the other party and allows the couple to apply together for an uncontested or undefended divorce (also known as a “desk-order” divorce). 
 
A divorce can proceed as uncontested or undefended in a sole application even if your spouse does not respond to your application. In these circumstances, a lawyer is recommended. 
 
If spouses are willing to work together to reach a resolution on all outstanding issues, a costly court application should not be necessary. The most straight-forward situations can get complicated and issues can arise. Your lawyer can ensure that timely and fair agreements are negotiated, saving you time and stress figuring out “how things work.” 
 
Seeing you through the most difficult time in your life, while protecting your rights, is a privilege and one we do not take lightly.

Separation and divorce requires careful consideration of your assets, property, debt and financial support of children and your spouse. We are prepared for Family Maintenance Enforcement and spousal support claims. There may also be special financial considerations involving a family-run business, investments, trusts, pensions, savings and other financial interests. These can be complex or straight-forward, but every situation is resolved with a long-term view of your best interest.
 
Long-term marriages often include a significant combined net worth with unique and complex issues. Accurate valuation of all marital assets at the start and end of a relationship is required to ensure fair and equitable division of property (domestic, cross-border and international), business interests, professional practices, shared accounts, stock options, retirement accounts and pensions, executive bonus packages, inheritances, etc. 
 
Our skill and sensitivity will advance a resolution with the most emotionally-charged assets including a family cabin or recreational property or a family business. These issues can become very difficult to resolve and our clients have trusted us to help guide them using a measured, yet effective approach. 
 
We can help you sort out your financial issues and consequences regardless of your net worth or years of marriage.

We help our clients with standard custody, parenting coordination and access issues. You will also find us skilled in special and challenging problems relating to parental alienation and child alienation. 
 
Parents and legal guardians will be concerned with how Provincial laws are applied to child custody and support matters when a marriage ends. Parenting plans are an important and effective method of managing co-parenting and accessing to children, even though such plans are not legally binding. 
 
We strongly encourage formalized parenting plans as they benefit everyone involved by setting boundaries and reducing conflicts. We can help you navigate relocation issues, changing custody orders and visitation times. We assist you to determine, decide and divide responsibilities and duties of custody or guardianship of your child/children. We help you make decisions with respect to where your child will live, be educated and how to best fulfill their needs and more. 
 
When necessary, we secure valid and enforceable orders or judgments based on the Family Law Act and other legislation/jurisprudence on behalf of our clients. We also address special issues related to the rights and visitations of grandparents, stepparents and other loved ones. 
 
The courts will resolve child custody and access disputes in the best interest of the child, while child support claims are directed under the Federal Child Support Guidelines. 

There are many roads to resolving family law matters. The most conventional and well-known is by trial in a court of law. Going to court can be daunting due to its procedures, rules and expense. Some couples can, with legal assistance, solve their family law matters without going to court. Our team starts with a more cost-effective route using negotiations to achieve your goals starting from the beginning of our engagement.
 
As your matter evolves, and perhaps escalates or plateaus in making progress, we often recommend deploying other alternative dispute resolution strategies such as collaboration, mediation or arbitration. These remedies are distinctly different and are recommended for deployment under specific circumstances. We can help you determine the best course of action towards resolution.
 
Collaborative law is a highly effective method and requires both parties to agree to a “Participation Agreement” that includes staying out of court and committing to using a variety of professionals to assist in coming to an agreement.
 
Mediation involves a subject-matter expert third party to facilitate agreement amongst the two parties. Mediation is most often attended by lawyers with their clients. On signing details of a mediated agreement, it becomes binding.
 
Arbitration results in a formal legally binding decision by an arbitrator following a hearing of both parties. 
 
Occasionally, resolving your matter by trial and going to court remains the best option. This might be due to a number of factors but is often due to the nature of the issues and the parties involved. Trials and hearings are adversarial in nature and while sometimes necessary to resolve family disputes, they can increase strife between couples or parents and cause harm to children. Court proceedings and various pieces of legislation applicable to family law issues – provincially and federally – can make the process overwhelming. For instance, applicable provincial legislation includes the Family Law Act, the Child, Infants Act, Family and Community Service Act, the Family Maintenance Enforcement Act, Interjurisdictional Support Orders Act and Adult Guardianship Act. 
 
We help clients navigate a process to resolution whether that is in a court system or an alternative format most appropriate to meet your legal needs. We identify the issues requiring resolution and then strategize your best options. 
 
In this province, the Provincial Court of British Columbia-Family and the Supreme Court of British Columbia hear family law matters. Both Courts can give orders related to: child and spousal support; guardianship; parenting arrangements, parental responsibilities and parenting time; child contact; property protection or allowing you to stay in the family home; family law protection ; setting aside or enforcing agreements dealing with guardianship, parenting arrangements, contact with a child or spousal and/or child support; relocation (moving with or without a child); and, to determine a child’s father, 
 
The Supreme Court is the only court that can give orders related to divorces or annulments; division of property, debts, RRSPs, RESPs and pensions; setting aside or enforcing an agreement dealing with property and debt; parentage orders related to disputes on a child conceived via assisted reproduction; appointments of trustees of children’s property and arranging adoptions.
 
It is important that only one court is requested to deal with an issue. This ensures parties avoid the temptation of seeking a more favourable result. 
 
We know how to best utilize the courts to your advantage. We understand the Rules of Court, the procedures and the differences between how these Courts operate, the paperwork they require, the filing fee costs and what they can award. We can advise you on which courts most effective for your unique family law issues. Sometimes it can be advantageous to use both courts, to address separate issues, to save time and money. We guide ourt clients from the initial court appearance and Family Management Conference with the judge to work through and identify unresolved issues and possibilities for agreement and, if needed, to help the parties prepare for and successfully move through the trial. We work together with you and your family to see the process through to effective resolution so you can move on with your life.

When an individual is particularly disappointed by the outcome of a family law trial decision they may wish to reassess a court’s decision with the help of a family law appeal lawyer. The decision will be reviewed to determine if an error has occurred in the proceedings and/or the reasons for the decision and if there is a reasonable basis for recommending an appeal.
 
The British Columbia Court of Appeal will expect appellants, and in some cases, respondents who are also appealing, to clearly state the nature of the error. The Court of Appeal has different standards of review for different types of errors to reflect deference to the level of the decision-maker (court). We help assess whether an appeal should be pursued, and if so, how best to proceed in order to increase your probabilities of success.   
 
Jurisdictional issues can also arise and complicated your matter. Some spouses are dealing with jurisdictions outside of British Columbia. This includes issues related to property located elsewhere, agreements signed in a foreign country, children living outside of Canada, or business operations or assets held outside of Canada. Deciding on the most favourable jurisdiction to hear a custody, support and family property or debt matter can often be crucial to the decision-making process. Careful consideration should be given to dealing with laws in other jurisdictions and how these may impact outcome of your matter.

Relationship planning. We provide you with experienced and sensitive counsel resulting in unique and effective common law arrangements, cohabitation agreements, pre-nuptial agreements and post-nuptial agreements. 
 
We collaborate with you to understand your objectives and recommend the best legal approach based on our experience and our knowledge of how the courts judge the integrity of these agreements. Our goal is to protect your interests should they be challenged at a later date.
 
Before you move in: We recommend that cohabitation agreements be undertaken by two individuals or same sex couples) who are choosing to live together but not formally marrying. 
 
In British Columbia, unmarried couples who live in a marriage-like relationship for two years or more are subject to the same laws, rights and obligations as legally married couples. We recommend securing a post-nuptial agreement prior to your two-year anniversary of living together. And if you do get married, we can help you negotiate a fair and practical pre-nuptial or post-nuptial agreement that protects your rights and is satisfactory to both spouses.
 
Peace of mind is priceless. No matter the type, the agreement outlines how things will be divided if there is a separation, addressing issues such as division of assets, including property, and debts and possibly spousal support. The agreement may address ongoing issues on managing household expenses and debts. Cohabitation agreements are binding agreements and enforced in a court of law.  Each party to the agreement should seek independent legal advice before signing an agreement. As such, we can only represent one individual and encourage the other individual to seek independent legal advice.
 
Fairness and certainty are important elements of a respectful union. Cohabitation, pre-nup and post-nup agreements means you and your spouse or partner can start your shared life together in a transparent manner and with no surprises down the relationship road. 

We are experienced in protecting your child from a parent. Sometimes parents need specially skilled lawyers with guardianship applications/interim guardianships, protection orders and other emergency relief. We are particularly responsive and effective where the safety and security of children are at risk. We understand your emotional well-being is directly connected to the well-being of your child(ren) and take these matters very seriously and with appropriate urgency. 

We deal with matters involving the Ministry of Children and Family Development (MCFD). If your child has been wrongly apprehended or ‘removed’ and put into foster care based on false or exaggerated allegations we can help. We are very familiar and experienced with the Child, Family and Community Service Act (CFCSA) and will advocate for you and your child.

We manage the toughest issues that are at risk of overwhelming you: child abduction/Hague Convention issues, family violence and sexual abuse, and other forms of trauma that can have long-term consequences. These are extremely sensitive and difficult matters in which we have many years of experience. Applying trauma informed advocacy means that we use a team-based approach to dealing with the outcomes of domestic and other types of violence, and support survivors by attending to their emotional and physical well-being and security.

In other words, we give the trauma you have experienced the support it deserves and help you manage the consequences of those traumatic events. We support you and your family skillfully and effectively during this particularly difficult time. 

There are a variety of permutations of agreements in fertility and paternity issues. This makes for complex law with differing rights and responsibilities for all parties involved. 
 
We provide guidance with all aspects of family planning and building by representing intended parents, surrogates, and egg, sperm and embryo donors. We negotiate and draft surrogacy and donor agreements to reflect clients’ intentions and protect parents’ rights. We successfully make court applications to have intended parents recognized and treated equally to genetic or adoptive parents in all types of families.
 
When errors occur at a clinic or by a fertility doctor providing assisted reproduction services, we litigate liability and damages.
 
We facilitate and enforce child support with scientific parentage/paternity testing. We work through this sensitive process with our clients and apply legal remedies appropriate to the findings of the tests.

We help birth parents, step-parents and adoptive parents deal with various types of adoption including agency, step-parent and family adoptions in addition to other special issues related to non-biological and adoptive children. 
 
Canadian adoption laws are constantly changing and we provide guidance on the process – how the adoption will unfold, how long it will take and how much it will cost. We work proactively to prevent or reduce unnecessary delays, stress, worry and problems that can arise.  We are parents too and understand the delicate nature of all different types of adoptions and how it impacts all the parties involved.
 
We gently guide and support parents – from determining the most appropriate type of adoption, to procuring consent documentation and successfully finalizing a child’s adoption in court and in compliance with federal and provincial laws. With us, all legal aspects of an adoption are addressed to prevent problems and potential litigation in the short and long run.
 
When litigation, or initial disputes or complications, arises due to parental consent, parental rights and wrongful adoptions, we skillfully represent parents in court.