Posts by Waterstone Family Law

Pet Custody: Who Gets the Family Dog?

Most pet owners consider their pet to be a member of the family, not just another piece of property.

In British Columbia pets are considered to be personal/matrimonial property subject to equitable division according to property law principles and pursuant …

Legal Separation: What is it and how do you get one?

Some of the more common questions I receive in my family practice revolve around the issue of obtaining a “legal separation”.

The issues related to marriage, separation and divorce in the Province of British Columbia are governed by the federal …

Passports for Children – Some Ins and Outs

One issue that I see regularly in my family practice is the difficulty in obtaining passports for children under the age of 16 years.

When parents are divorced or separated, the parent who has custody of the child is the …

Email at Your Peril

The breakdown of a marriage is a very stressful time. It is not unusual to be angry and it is not unusual to vent that anger.

Before this technological age, we had to actually face each other to vent anger …

Adopting a Family Member

According to the Adoption Act, R.S.B.C. 1996 c. 3, the act that governs adoptions in British Columbia, a birth parent or a guardian related to the child is permitted to place a child for adoption when the prospective …

“Review” of Spousal Support

At the end of a common law relationship or marriage, one party, usually the wife, has been out of the work force for a period of time.  Often this is because a decision was made that she should stay home …

Shared Parenting and the Canadian Child Tax Benefit

Who gets the Child Tax Benefit when parents separate but equally share parenting?

It used to be the case that when parents separated the parent with whom the children lived most of the time received the Child Tax Benefit (often …

Deducting Legal Costs for Income Tax Purposes

It’s tax time again!  I often receive calls about whether legal costs are deductible from income for tax purposes at this time of year. The answer is – it depends.

If you started a court proceeding to obtain child support …

Living Common Law: Big Changes on the Horizon

Under our current family law, when relationships break down, people who choose to live together rather than get married are treated differently than people who marry.

Married couples have had the benefit of Parts 5 and 6 of the Family

Calculating Child Support

In Canada, child support is calculated by reference to the Federal Child Support Guidelines.  In most cases, the amount of child support is calculated on the gross income of the paying party (less annual union dues) and on the …