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Collaborative Negotiation

Nate Russell — Wed, 03 Jun 2026 23:09:28 GMT

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	\|link = [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/lawyers/collaborative-family-law Collaborative Law]		\|link = [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/lawyers/collaborative-family-law Collaborative Law]
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	~~{{LSSbadge~~		In collaborative processes, the parties and their lawyers, and sometimes other professionals, work together as a team to find a resolution to the issues arising from the breakdown of the parties' relationship. The other professionals the parties might work with include psychologists or clinical counsellors, and experts such as child specialists and financial specialists, who are called upon as the need arises during the collaborative process.
	~~\|resourcetype = more information on~~
	~~\|link = [[http://www.familylaw.lss.bc.ca/help/who_CollaborativeFamilyLawyers.php collaborative family lawyers] collaborative family lawyers]~~
	}}In collaborative processes, the parties and their lawyers, and sometimes other professionals, work together as a team to find a resolution to the issues arising from the breakdown of the parties' relationship. The other professionals the parties might work with include psychologists or clinical counsellors, and experts such as child specialists and financial specialists, who are called upon as the need arises during the collaborative process.

	Collaborative negotiation is meant to address both the legal and the emotional consequences of the breakdown of a relationship, in a cooperative rather than a competitive way. As a result, it can help people deal with difficult issues, like substance abuse and mental health problems, in a far more constructive way than going to court. It is, in my view, one of the best possible ways of resolving family law disputes.		Collaborative negotiation is meant to address both the legal and the emotional consequences of the breakdown of a relationship, in a cooperative rather than a competitive way. As a result, it can help people deal with difficult issues, like substance abuse and mental health problems, in a far more constructive way than going to court. It is, in my view, one of the best possible ways of resolving family law disputes.

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Nate Russell — Wed, 03 Jun 2026 19:12:07 GMT

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	\| text = '''This section has been archived and is no longer being updated''' <br/>''This ~~section~~ was removed or incorporated into ~~other sections~~ or ~~chapters of the recent edition~~ of ''[[JP Boyd on Family Law]]''. Information has not been updated and much of it will be out-of-date.		\| text = '''This section has been archived and is no longer being updated''' <br/>This page was removed from or incorporated into another section or chapter of ''[[JP Boyd on Family Law]]''. <br/>It is now part of [[:Category:Archived Sections from JP Boyd on Family Law]].<br/>'''Important Note:''' Information on this page has not been updated and much of it will be out-of-date.
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Wills and Estates Issues in Family Law

Nate Russell — Wed, 03 Jun 2026 19:06:57 GMT

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	\|ChapterEditors = [[Bob Mostar]] and [[Mark Norton]]		\|ChapterEditors = [[Bob Mostar]] and [[Mark Norton]]
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Specific Communities and Family Law

Nate Russell — Wed, 03 Jun 2026 19:06:54 GMT

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	\| Related =		\| Related =
	[[Aboriginal Families]]{{·}}[[Immigrants and Family Law]]{{·}}[[Same-Sex Relationships and Issues Affecting Transgendered and Transsexual People]]		[[Aboriginal Families]]{{·}}[[Immigrants and Family Law]]{{·}}[[Same-Sex Relationships and Issues Affecting Transgendered and Transsexual People]]

Same Sex Relationships and Issues Affecting Transgender and Transsexual People

Nate Russell — Wed, 03 Jun 2026 19:06:50 GMT

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	The law in British Columbia has erased the divide between same-sex and opposite-sex couples. A person’s sexual orientation is rarely a relevant factor in the court’s analysis. The courts’ responses to family law matters involving LGBTQ individuals are outlined below.		{{Template:JPBOFLARCHIVE}}The law in British Columbia has erased the divide between same-sex and opposite-sex couples. A person’s sexual orientation is rarely a relevant factor in the court’s analysis. The courts’ responses to family law matters involving LGBTQ individuals are outlined below.

	{{JP Boyd on Family Law TOC\|expanded = specific}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = specific}}{{JPBOFL Editor Badge

Overlapping Legal Issues and Family Law

Nate Russell — Wed, 03 Jun 2026 19:06:47 GMT

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	[[Naming and Changes of Name]]{{·}}[[Wills and Estates Issues in Family Law]]{{·}}[[Conflict of Laws]]		[[Naming and Changes of Name]]{{·}}[[Wills and Estates Issues in Family Law]]{{·}}[[Conflict of Laws]]

Newcomers to Canada and Family Law

Nate Russell — Wed, 03 Jun 2026 19:06:44 GMT

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	{{JP Boyd on Family Law TOC\|expanded = specific}}{{JPBOFL Editor Badge		{{Template:JPBOFLARCHIVE}}{{JP Boyd on Family Law TOC\|expanded = specific}}{{JPBOFL Editor Badge
	\|ChapterEditors = [[Taruna Agrawal]]		\|ChapterEditors = [[Taruna Agrawal]]
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Indigenous Families

Nate Russell — Wed, 03 Jun 2026 19:06:38 GMT

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	\|ChapterEditors = [[Rhaea Bailey]]		\|ChapterEditors = [[Rhaea Bailey]]
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Guardianship, Parenting Arrangements and Contact

Nate Russell — Wed, 03 Jun 2026 19:06:35 GMT

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	{{JP Boyd on Family Law TOC\|expanded = children}}{{JPBOFL Editor Badge		{{Template:JPBOFLARCHIVE}}{{JP Boyd on Family Law TOC\|expanded = children}}{{JPBOFL Editor Badge
	\|ChapterEditors = [[Mary Mouat\|Mary Mouat, QC]] and [[Samantha Rapoport]]		\|ChapterEditors = [[Mary Mouat\|Mary Mouat, QC]] and [[Samantha Rapoport]]
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Further Topics and Overlapping Legal Issues in Family Law

Nate Russell — Wed, 03 Jun 2026 19:06:30 GMT

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	[[Aboriginal Families]]{{·}}[[Immigrants and Family Law]]{{·}}[[Same-Sex Relationships and Issues Affecting Transgendered and Transsexual People]]{{·}}[[Naming and Changes of Name]]{{·}}[[Wills and Estates Issues in Family Law]]{{·}}[[Conflict of Laws]]		[[Aboriginal Families]]{{·}}[[Immigrants and Family Law]]{{·}}[[Same-Sex Relationships and Issues Affecting Transgendered and Transsexual People]]{{·}}[[Naming and Changes of Name]]{{·}}[[Wills and Estates Issues in Family Law]]{{·}}[[Conflict of Laws]]

Conflict of Laws Issues in Family Law

Nate Russell — Wed, 03 Jun 2026 19:06:20 GMT

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	\|ChapterEditors = [[Bob Mostar]] and [[Mark Norton]]		\|ChapterEditors = [[Bob Mostar]] and [[Mark Norton]]
	}}		}}

Category:Archived Sections from JP Boyd on Family Law

Nate Russell — Wed, 03 Jun 2026 18:59:21 GMT

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	The following pages are archived sections from ''[[JP Boyd on Family Law]]'', and selected to be marked with a notice template indicating they are no longer being updated in the current edition.		The following pages are archived sections from ''[[JP Boyd on Family Law]]'', and selected to be marked with a [[:Template:JPBOFLARCHIVE \| notice template]] indicating they are no longer being updated in the current edition.

Template:JPBOFLARCHIVE

Nate Russell — Wed, 03 Jun 2026 18:56:38 GMT

Categorizing for archive

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Category:Archived Sections from JP Boyd on Family Law

Nate Russell — Wed, 03 Jun 2026 18:52:26 GMT

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New page

The following pages are archived sections from ''[[JP Boyd on Family Law]]'', and selected to be marked with a notice template indicating they are no longer being updated in the current edition.

Wills and Estates Issues in Family Law

Nate Russell — Wed, 03 Jun 2026 18:39:50 GMT

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Specific Communities and Family Law

Nate Russell — Wed, 03 Jun 2026 18:37:48 GMT

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Same Sex Relationships and Issues Affecting Transgender and Transsexual People

Nate Russell — Wed, 03 Jun 2026 18:37:30 GMT

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Talk:Parenting Coordination

Nate Russell — Wed, 03 Jun 2026 18:34:37 GMT

Removing full page draft from a mere discussion page

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	~~{{JP Boyd on Family Law TOC\|expanded = outofcourt}}{{JPBOFL Editor Badge~~
	~~\|ChapterEditors = [[Sandy Thomson]] and [[Taryn Moore]]~~
	}}

	Parenting coordination is a child-focused dispute resolution process for separated families. Parenting coordination deals with parenting disputes arising after an agreement or order has been made about parental responsibilities, parenting time or contact. ''Parenting coordinators'' are experienced family law lawyers, mental health professionals (counsellors, social workers, family therapists, and psychologists), mediators and arbitrators.

	This section provides a provides a <span class="noglossary">brief</span> introduction to parenting coordination, an overview of the process, and links to some additional resources on parenting coordination.

	~~==Introduction==~~
	Parents may have a separation agreement or court order that establishes a parenting plan. If that's the case but they are still fighting over the details, the parents may agree, or a court may order, that a parenting coordinator assist the parents to resolve their disputes instead of repeatedly getting the courts involved. Parenting coordination is a child-centered dispute resolution process aimed at high conflict personalities. As with all family dispute resolution professionals, the parenting coordinator will meet with the parties separately prior to starting the process to screen for the presence of family violence.

	~~===What a parenting coordinator is===~~
	A parenting coordinator has specialized training in family law, mediation, arbitration, communications skills development, high conflict family dynamics and child development. Parenting coordinators are members of the [http://www.bcparentingcoordinators.com/ BC Parenting Coordinators Roster Society] and governed by the Society as well as the [[Family Law Act]], and the ''[http://canlii.ca/t/8rdx Family Law Act Regulation]''.

	~~===What a parenting coordinator does===~~
	The parenting coordinator provides parties who cannot agree on aspects of parenting with a relatively quick and informal way to resolve their disputes. Regardless of how detailed a parenting plan or order may be, some parents will always find things to argue about and it is the children who pay the price for this kind of parental behavior. A parenting coordinator may be useful in minimizing that conflict by attempting to educate and coach the parents on how to manage conflict in a healthy way. If that doesn't work the parenting coordinator will mediate or, as a last resort, arbitrate the dispute between the parents. The long term goal of the parenting coordinator is to enable the parents to parent in a healthy and supportive way, without the need for a parenting coordinator or frequent applications to court. That goal may not be attainable for some parents.

	~~Some examples of what a PC may do are:~~
	*deciding extra curricular activities and how they will be paid
	*deciding what school the child will attend
	*determining if a child needs tutoring, therapy or medical treatment
	*arranging parenting time for special events
	*deciding how a child’s belongings should be distributed between their parents' homes
	*deciding the specifics of parenting time if the agreement or order is more general (for example the agreement says the parents will share time approximately equally but doesn't say exactly how)

	~~===What a parenting coordinator doesn't do===~~
	~~A parenting coordinator does not:~~
	*make original orders for Parenting Time
	*make decisions changing custody or guardianship agreements or orders
	*deal with property division, spousal support, or child support (with the possible exception of special expenses)
	*deal with relocation

	~~===How the parenting coordinator works===~~
	The parenting coordinator is appointed by agreement or court order. An agreement or order appointing a parenting coordinator should specify who is being appointed; a list a of parenting coordinators is available at the website of [http://www.bcparentingcoordinators.com/member-roster/ BC Parenting Coordinators Roster Society].
	Because the parenting coordinator role is relatively invasive in a family's life, some parenting coordinators invite parents to a short meeting to discuss the parenting coordinator's role prior to the formal appointment. This meeting might have a fixed cost or no cost.
	Once the parents and the parenting coordinator agree, they will enter a [http://www.bcparentingcoordinators.com/assets/pdfs/BCPCRS_standard_pc_agreement_template_sept_2014.pdf Parenting Coordination Agreement] for which they should have independent legal advice. The parenting coordinator agreement sets out in some detail what the parenting coordinator will do, how it will be done, the cost and how it is to be paid. The agreement also provides for the term of the arrangement. It may be as short as 6 months but most parenting coordinators will require that the term be at least 12 to 24 months with an opportunity for the parents to renew the contract if the parenting coordinator remains willing. Most parenting coordinators will require a retainer and/or a deposit of $5,000 to $10,000 and up. The parents must each then pay their share of the parenting coordinator's retainer. As with a lawyer retainer, the parenting coordinator retainer is security for the parenting coordinator's future bills. When bills are issued, parenting coordinators pay themselves out of retainer.

	Some parenting coordinators may ask for an additional retainer, called a deposit. This money is held in reserve to enable the parenting coordinator to finish dealing with a problem in the event that a party's retainer runs out in the middle of a dispute and the party refuses to replenish their retainer. Parenting coordinators charge by the hour for all time spent working with the family, so they are expensive. They can still be cheaper in the long run than paying lawyers for numerous applications to court, but they may nonetheless be more expensive than families can afford.

	Depending on the circumstances and the age of the children, the parents may also be asked to sign a number of consent forms giving the children's doctors, care providers, teachers, therapists and any other relevant people, permission to discuss the family with the parenting coordinator.
	After the Agreement has been signed and the retainer paid, the parents usually have some issues which have accumulated and the parenting coordinators will then meet with the parties, usually in person and usually together, at least for the first meeting. The PC may also meet with the children and any other people, such as teachers, therapists or doctors who may be helpful.
	The parenting coordinator will attempt to educate, coach, mediate, and as a last resort, arbitrate, the resolution of the issue. As other issues develop, the same process applies. Some issues may be resolved relatively quickly by phone or email, other issues will require in person meetings.
	Either or both parents may bring an issue to the parenting coordinator for resolution. Although the parenting coordinator has no power to force anyone to do anything, it is worth noting decisions of parenting coordinators may be enforceable by the Court. Parents who fail to meet their obligations under the parenting coordinator agreement or fail to attend meetings arranged by the parenting coordinator may be penalized in costs and their lack of cooperation may be reported by the parenting coordinator to the Court.

	~~===Enforcing a determination===~~

	Parenting coordinators' determinations may be enforced by filing them in court, either under Rule 12 of the [http://canlii.ca/t/85pb Provincial Court Family Rules] or Rule 2-1.1 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules].

	~~===Concluding the retainer===~~

	At the end of the parenting coordinator's term, all parties — the parents and the parenting coordinator — must agree in order to renew the parenting coordination agreement. If the agreement isn't renewed, the parenting coordination process is concluded.

	~~Under s. 15(6) of the ''Family Law Act'', a parenting coordination agreement can be terminated before the end of a parenting coordinator's term in one of three circumstances:~~

	~~<blockquote><tt>(a) in the case of an agreement, by agreement of the parties or by an order made on application by either of the parties;</tt></blockquote>~~
	~~<blockquote><tt>(b) in the case of an order, by an order made on application by either of the parties;</tt></blockquote>~~
	~~<blockquote><tt>(c) in any case, by the parenting coordinator, on giving notice to the parties and, if the parenting coordinator is acting under an order, to the court.</tt></blockquote>~~

	~~==Resources and links ==~~

	~~===Legislation===~~

	* ''[[Family Law Act]]''
	* [http://canlii.ca/t/8rdx Family Law Act Regulation]
	* ''[http://canlii.ca/t/84gc Arbitration Act]''
	* [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules]
	* [http://canlii.ca/t/85pb Provincial Court Family Rules]

	~~===Links===~~

	* [http://www.bcparentingcoordinators.com/ BC Parenting Coordinators Roster Society]
	* [http://www.afccnet.org/ Association of Family and Conciliation Courts]
	* [http://www.afccnet.org/Portals/0/AFCCGuidelinesforParentingcoordinationnew.pdf AFCC's Guidelines for Parenting Coordination] (PDF)

	~~<!---HIDDEN UNTIL WE CONSIDER HOW TO TREAT DOWNLOADS WHERE WE HAVE A PRINTED BOOK TO BE CONCERNED ABOUT~~
	~~===Downloads===~~

	The link below will open a sample collaborative process participation agreement in a new window. You may require a PDF reader to view this file; Adobe Acrobat Reader is a free PDF reader available for download from <span style="color: red;">Adobe Software</span>. In this sample, Jane Doe and John Doe are entering into a participation agreement with their lawyers, Alice Smith and Sylvia Black.

	~~:::: <span style="color: red;">Parenting Coordination Agreement</span> (PDF)~~

	This sample document is just that: a sample. While it represents a more or less accurate picture of how these sorts of agreements might look, it may not be applicable to your situation and may not reflect the terms of the agreement you will sign if you decide to use a collaborative settlement process. Use it as a reference only.

	~~AFCC guidelines for parenting coordination~~
	~~END HIDDEN--->~~

	~~{{REVIEWED \| reviewer = [[Sandy Thomson]] and [[Taryn Moore]], August 1, 2016}}~~

	~~{{JP Boyd on Family Law Navbox\|type=chapters}}~~

	~~{{Creative Commons for JP Boyd}}~~

	~~[[Category:JP Boyd on Family Law]]~~

Overlapping Legal Issues and Family Law

Nate Russell — Wed, 03 Jun 2026 18:30:36 GMT

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How Do I Get Married in British Columbia?

Nate Russell — Wed, 03 Jun 2026 18:28:26 GMT

Changing your name

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	If you have decided to have a hyphenated surname following your marriage, you must apply for a legal change of name or you <span class="noglossary">will</span> not be able to obtain ID in the new name.		If you have decided to have a hyphenated surname following your marriage, you must apply for a legal change of name or you <span class="noglossary">will</span> not be able to obtain ID in the new name.

	You can find out more about changing your name in the ~~chapter~~ [[~~Overlapping Legal Issues and Family Law]] within the section [[Naming and Changes of~~ Name]].		You can find out more about changing your name on the page [[How Do I Change My Name after Marriage or Divorce?]].

	==For more information==		==For more information==

Newcomers to Canada and Family Law

Nate Russell — Wed, 03 Jun 2026 18:24:28 GMT

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Indigenous Families

Nate Russell — Wed, 03 Jun 2026 18:21:28 GMT

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How Do I Find an Order or Another Court Document?

Nate Russell — Wed, 03 Jun 2026 18:18:40 GMT

More information

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	==More information==		==More information==
	For more information refer to:		For more information refer to:
	* BC Supreme Court's ~~policy:~~[https://perma.cc/R29F-RYSE Policy on Access to the Court Record]		* BC Supreme Court's [https://perma.cc/R29F-RYSE Policy on Access to the Court Record]
	* BC Provincial Court's policy: [https://perma.cc/BRE8-P23X Access to Court Records]		* BC Provincial Court's policy on [https://perma.cc/BRE8-P23X Access to Court Records]
	* Courthouse Libraries BC's information pages on:		* Courthouse Libraries BC's information pages on:
	** [https://www.courthouselibrary.ca/how-we-can-help/our-legal-knowledge-base/can-i-access-court-files Can I Access Court Files?]		** [https://www.courthouselibrary.ca/how-we-can-help/our-legal-knowledge-base/can-i-access-court-files Can I Access Court Files?]

Guardianship, Parenting Arrangements and Contact

Nate Russell — Wed, 03 Jun 2026 18:09:02 GMT

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Parents

Nate Russell — Wed, 03 Jun 2026 18:08:02 GMT

Parenting children

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	Applications for appointment as a guardian can be a bit difficult, as the applicant — the person who is making the application — must provide a special kind of affidavit that talks about all of the children who are and have been in their care, any civil or criminal court proceedings involving them that might impact on the safety of a child, and any involvement they might have had with the Ministry for Children and Family Development. The applicant must also provide recent Ministry and police records checks.		Applications for appointment as a guardian can be a bit difficult, as the applicant — the person who is making the application — must provide a special kind of affidavit that talks about all of the children who are and have been in their care, any civil or criminal court proceedings involving them that might impact on the safety of a child, and any involvement they might have had with the Ministry for Children and Family Development. The applicant must also provide recent Ministry and police records checks.

	Applications for appointment as a guardian are discussed in more detail in the [[~~Guardianship,_Parenting_Arrangements_and_Contact\|Guardianship,~~ Parenting ~~Arrangements and Contact~~]] section of the [[Children and Parenting after Separation]] chapter, under the heading "[[~~Guardianship,_Parenting_Arrangements_and_Contact~~#~~Being_a_guardian_and_becoming_a_guardian~~\|~~Being a guardian and becoming~~ a guardian]]."		Applications for appointment as a guardian are discussed in more detail in the [[Basic Principles of Parenting after Separation]] section of the [[Children and Parenting after Separation]] chapter, under the heading "[[Basic_Principles_of_Parenting_after_Separation#Becoming_a_guardian\|Becoming a guardian]]."

	==Government benefits==		==Government benefits==

Further Topics and Overlapping Legal Issues in Family Law

Nate Russell — Wed, 03 Jun 2026 17:48:50 GMT

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Conflict of Laws Issues in Family Law

Nate Russell — Wed, 03 Jun 2026 17:46:35 GMT

Categorizing for archive

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Changes to Family Law in 2021

Nate Russell — Wed, 03 Jun 2026 17:41:49 GMT

Nate Russell deleted page Changes to Family Law in 2021 content was: "{{JP Boyd on Family Law TOC}} We are working on a new edition of ''[]JP Boyd on Family Law]]'' since there have been '''many''' changes to how family law works, both nationally and in British Columbia. In the meantime, many of the pages of this book contain out of date information. Below is a summary of the major changes that we are working to address in the c...", and the only contributor was "Nate Russell" (talk)

Children Who Resist Seeing a Parent

Nate Russell — Fri, 29 May 2026 17:49:21 GMT

Views of the child reports

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	There are two kinds of reports that are limited to describing the children's views, ''evaluative'' views of the child reports, prepared under section 211(1)(b) of the ''Family Law Act'', and ''non-evaluative'' views of the child reports, prepared under sections 37(2)(b) and 202 of the act. These reports are sometimes also called "hear the child" reports and "voice of the child" reports, but they're both focused on speaking to a child and describing what the child has said. ("Evaluative" reports are prepared only by mental health professionals and include the author's opinion of the child's views, while "non-evaluative" reports can be prepared by anyone with the right training and experience, and contain only a factual statement of what the child has told the author.)		There are two kinds of reports that are limited to describing the children's views, ''evaluative'' views of the child reports, prepared under section 211(1)(b) of the ''Family Law Act'', and ''non-evaluative'' views of the child reports, prepared under sections 37(2)(b) and 202 of the act. These reports are sometimes also called "hear the child" reports and "voice of the child" reports, but they're both focused on speaking to a child and describing what the child has said. ("Evaluative" reports are prepared only by mental health professionals and include the author's opinion of the child's views, while "non-evaluative" reports can be prepared by anyone with the right training and experience, and contain only a factual statement of what the child has told the author.)

	These reports are often used to get a statement of the child's views for the purposes of the best-interests tests in sections 37 and 38 of the ''Family Law Act'' and section 16 of the ''[[Divorce Act]]''. While they're normally very helpful, in cases where a child is estranged or alienated from a parent, ~~they're~~ helpfulness is limited. Reports in circumstances like these may only deepen the disruption in the child's attachment to the rejected parent as they give the child the chance to confirm their negative views about that parent, and put those views on the record. In cases like this, views of the child reports may only serve to tell everyone what they already know, and making a permanent record of the child's views may make it impossible for the child's relationship with the rejected parent to ever heal.		These reports are often used to get a statement of the child's views for the purposes of the best-interests tests in sections 37 and 38 of the ''Family Law Act'' and section 16 of the ''[[Divorce Act]]''. While they're normally very helpful, in cases where a child is estranged or alienated from a parent, their helpfulness is limited. Reports in circumstances like these may only deepen the disruption in the child's attachment to the rejected parent as they give the child the chance to confirm their negative views about that parent, and put those views on the record. In cases like this, views of the child reports may only serve to tell everyone what they already know, and making a permanent record of the child's views may make it impossible for the child's relationship with the rejected parent to ever heal.

	====Contempt applications and cost awards====		====Contempt applications and cost awards====

Behaviour, Boundaries and Privacy after Separation

Nate Russell — Tue, 19 May 2026 18:35:29 GMT

Damages

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	*nervous shock and intentional infliction of mental distress,		*nervous shock and intentional infliction of mental distress,
	*trespass,		*trespass,
	*invasion of privacy and breach of confidence, and		*invasion of privacy and breach of confidence,
	*~~defamation~~.		*defamation, and
			*the tort of intimate partner violence.

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			\| text = '''''Ahluwalia''''' '''update (general editor's note):''' On 15 May 2026, the Supreme Court of Canada released its landmark decision in ''[https://canlii.ca/t/kkzk1 Ahluwalia v. Ahluwalia]'', 2026 SCC 16. The majority of judges recognized a new tort of ''intimate partner violence'' — overturning the Ontario Court of Appeal's declaration that no new tort should be recognized. <br><br>The majority held that existing torts such as assault, battery, intentional infliction of emotional distress do not always fully capture the distinct civil wrong of coercive control in an intimate relationship, including the loss of dignity, autonomy, and equality it can cause. <br><br>See the section on [[Civil Claims and Family Violence]], in the [[Family Violence Overview]] chapter for more information.
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	Someone might sue for damages for defamation, for example, if the other side posted false information about them on Facebook or a website. Someone might sue for invasion of privacy, breach of confidence or the intentional infliction of mental distress if the other side posted embarrassing photos of them, like revenge porn, for example, on Instagram, a pornography provider or another website.		Someone might sue for damages for defamation, for example, if the other side posted false information about them on Facebook or a website. Someone might sue for invasion of privacy, breach of confidence or the intentional infliction of mental distress if the other side posted embarrassing photos of them, like revenge porn, for example, on Instagram, a pornography provider or another website.

Civil Claims and Family Violence

Nate Russell — Tue, 19 May 2026 18:26:16 GMT

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	\| text = '''''Ahluwalia''''' '''update (general editor's note):''' On 15 May 2026, the Supreme Court of Canada released its landmark decision in ''[https://canlii.ca/t/kkzk1 Ahluwalia v. Ahluwalia]'', 2026 SCC 16. The majority of judges recognized a new tort of intimate partner violence — overturning the Ontario Court of Appeal declaration that a new tort should ~~not~~ be recognized. <br><br>The majority ~~of the Supreme Court of Canada found~~ that existing torts (assault, battery, intentional infliction of emotional distress~~, etc.) did~~ not fully ~~address~~ the ~~harm caused by~~ coercive control in intimate ~~relationships. <br><br>The Supreme Court of Canada's majority decision in ''Ahluwalia'' is important because it creates a new civil cause of action —~~ the ~~tort~~ of ~~intimate partner violence — for intimate relationships involving patterns of abuse, including non-physical abuse such as isolation, surveillance, financial control~~, ~~humiliation~~, and ~~threats~~.<br><br>At paragraph 184, the majority explains the three elements that a plaintiff must establish under the new tort:<br>(1) the abusive conduct arose in an intimate partnership or its aftermath <br> (2) the defendant intentionally engaged in that conduct <br>(3) the conduct, ~~on an objective measure~~, ~~constitutes~~ coercive control <br><br>It is important to seek legal advice before relying on any specific tort, as the law in this area is significantly transformed since the Supreme Court of Canada's ruling.		\| text = '''''Ahluwalia''''' '''update (general editor's note):''' On 15 May 2026, the Supreme Court of Canada released its landmark decision in ''[https://canlii.ca/t/kkzk1 Ahluwalia v. Ahluwalia]'', 2026 SCC 16. The majority of judges recognized a new tort of ''intimate partner violence'' — overturning the Ontario Court of Appeal's declaration that no new tort should be recognized. <br><br>The majority held that existing torts such as assault, battery, intentional infliction of emotional distress do not always fully capture the distinct civil wrong of coercive control in an intimate relationship, including the loss of dignity, autonomy, and equality it can cause. <br><br>At paragraph 184, the majority explains the three elements that a plaintiff must establish under the new tort:<br>(1) the abusive conduct arose in an intimate partnership or its aftermath <br> (2) the defendant intentionally engaged in that conduct <br>(3) the conduct, viewed objectively and in context, constituted ''coercive control'' <br><br>It is important to seek legal advice before relying on any specific tort, as the law in this area is significantly transformed since the Supreme Court of Canada's ruling.
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