Family Law

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    QUESTION 1: I'm thinking about getting a divorce - but first I want to know how my finances will end up if I do get one. How do I figure out what my wife owns and what I own? How is the property divided?
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    QUESTION 2: My three year old daughter lives with her mom, my ex-girlfriend. The court has never made an order for custody and she earns more money than me - will I still have to pay child support? How is the amount determined?
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    QUESTION 3: My husband and I have been separated for three years now and I want to remarry someone else. Can I get a divorce now even though things haven't been worked out between us? What are the main issues that should be worked out?
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    QUESTION 4: I want custody of the children, what are my rights? How can I make sure that I obtain custody and what kinds of rights will my spouse have with respect to visitation?
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    QUESTION 5: I have been offered a great job in Vancouver. My son lives with me and spends every other weekend with his father. Since I have custody of my son, can I can just move to Vancouver and take him with me?
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    QUESTION 6: I have been ordered to pay child support. What is the Family Responsibility Office? Is it true that they can take away my driver's license if I don't pay the support?
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    QUESTION 7: How can I make the process less expensive?
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    QUESTION 8: Can I deduct my legal fees on my Income Tax Return?

5) I have been offered a great job in Vancouver. My son lives with me and spends every other weekend with his father. Since I have custody of my son, can I can just move to Vancouver and take him with me?

The short answer is no. Your husband is an access parent and he has a legal right to spend time with your son. If your husband objects to you moving away with your son, then you must obtain permission from the court to take your son with you to Vancouver. The Courts main concern will be the best interests of the child, not the best interests of the parents. When trying to decide on whether a move is in the best interests of a child, the court will consider a number of factors including:

  1. the existing parenting arrangements and relationship between the child and the each parent;
  2. the desirability of maximizing contact between the child and both parents;
  3. the views of the child;
  4. the custodial parent's reason for moving
  5. disruption to the child of a change in custody; and
  6. disruption to the child due to the removal from family, schools, and the community he or she has come to know.