States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or…

Going through a separation is one of life’s most difficult experiences and can often leave people feeling overwhelmed and alone. While parties can hire lawyers to assist with the legal issues, they may want to lean on friends, family, or professionals for emotional support. This is a normal and healthy thing to do; however, it becomes a concern when a parent leans on their child or children, rather than on other adults. The process of…

When two people decide to end their relationship, there is a strong incentive to save some money by either making informal separation arrangements or by using one of the many separation agreement templates available online. While this may work for some people, the majority of couples benefit from professionally drafted agreements that are specific to their situation. Separation agreements are intended to deal with the care and support of children, including parenting arrangements and access and…

Assisted Reproduction includes donor insemination, in vitro fertilization (IVF), intrauterine insemination (IUI), and surrogacy. Prior to the Family Law Act (“FLA”), family law in BC was premised on very basic and incomplete notions of family: children were conceived through sexual intercourse and their parents were the woman whose body the child came from (the child’s mother) and the male partner who participated in the sexual intercourse that conceived the child (the child’s father). The…

The case of NK v AH, 2016 BCSC 744, created a heartening precedent for transgender children in BC. JK, the child of NK and AH, was receiving gender affirming medical intervention to prevent the onset of puberty. He had already socially transitioned to express as a boy. His father was opposed to the treatments and the transition. The father applied to the courts for an order barring any further treatments and ending all contact between JK…