Family Law Blog

Russ Family Law blog is about keeping the general public up to date on recent changes in legislation and case law related to family law matters in British Columbia. Kelly Russ is a family law lawyer located in West Vancouver but serves Surrey, New Westminster, and Vancouver.

Property division and the Family Law Act (BC)

Posted on Jun 9, 2015 | Family Law Act, Uncategorized

The Family Law Act (BC) has two forms of property: “family property” and “excluded property”. Section 84(1) of the Family Law Act (BC) defines “family property” and section 85(1) lists property that is “excluded property”. In general terms, “family property” consists of property acquired after cohabitation and includes the rise in value of the same […]

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High income earners and child maintenance and support in British Columbia

Posted on Jul 11, 2014 | Child Maintenance, Child Support, High income earners

In the case of Francis v. Baker, [1999] 3 SCR 250, the Supreme Court of Canada dealt with issue of high income earners in the context of child maintenance.  The case is nicely summarized in the opening paragraph: 1               Bastarache J. — The present case involves the interpretation of s. 4 of the Federal Child […]

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Relocation of Children: the BC Family Law Act

Posted on Jul 10, 2014 | Family Law Act, Relocation

With the coming into force of the Family Law Act, there has been considerable case law dealing with applications for the relocation of children. What follows is a summary of those cases as reported in CanLII;  the Supreme Court of British Columbia website and the Provincial Court of British Columbia website in chronological order by […]

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Family Law Act

Posted on Apr 12, 2013 | Family Law Act

Family Law Act There is no easy way to summarize the new Family Law Act, it is unique and has new terminology and all persons having a family dispute, and those assisting these people, have to understand the new legislation and its regulations in great detail. The Family Law Act has replaced the Family Relations […]

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