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…
Trans Children's Rights in Custody Cases
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…
Marriage Contracts: Maher and its Implications
It is not uncommon in some eastern cultures, particularly in Iran, India, Pakistan, and other Arab countries, to enter into marriage agreements wherein a husband commits to pay an agreed-upon sum of money, usually in the form of gold coins, to his wife. This amount can be summoned by the wife at the beginning of the marriage, the end, or at anytime in-between. Often referred to as Maher (or Mehr, Mahr, Mohr, Meher, Mehrieh, Mahir, or…
Grey Divorce
While separation and divorce are still more common in the younger population, the percentage of older individuals choosing to separate has been increasing. Seniors separating, or “grey divorce” as it is also called, encompasses those who are 55+ and are either separating from life-long partners or from subsequent partners after re-marrying. Generally, the same issues regarding spousal support and property division arise in grey divorce; however, the issues may be treated differently when the parties are…