Difference between revisions of "I Have a Family Problem and I Want to Resolve It out of Court"

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{{Template:Legal Help Guide TOC}}There are a number of services available to help people resolve family issues such as child custody, access, guardianship, child and spousal maintenance (support payments), divorce and division of family assets, without having to go to court.
{{Template:Legal Help Guide TOC}}There are a number of services available to help people resolve family issues without having to go to court.  
 
Child custody, access, guardianship, and child and spousal maintenance come within the jurisdiction of both the provincial Family Court and the BC Supreme Court but divorce and division of family assets are only within the jurisdiction of the BC Supreme Court. 


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{{Tipsbox
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| tips = For help with challenges in caring for children, see the question "[[I am having challenges with my children and don’t want the Ministry to remove them]]".}}
| tips = For help with challenges in caring for children, see "[[I am having challenges with my children and don't want the Ministry to remove them]]" in this Guide.}}




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# Speak with a lawyer, advocate or family counsellor for advice on whether your problem is one that can probably be resolved out of court.
# Speak with a lawyer, advocate or family counsellor for advice on whether your problem is one that can probably be resolved out of court.


The 4 main services for people with low incomes who want to resolve family problems outside of court are Family Justice Counsellors, Family Advice Lawyers, the Family LawLine and Family Mediators.
There are 4 main services for people with low incomes who want to resolve family problems outside of court:


#'''Family Justice Counsellors''' If you are dealing with an issue such as child custody, access, guardianship, and child and spousal maintenance, you can contact a Family Justice Centre and make an appointment to speak with a Family Justice Counsellor. Family Justice Counsellors can provide information and referrals, provide mediation and conciliation services and assist with writing separation agreements and filing documents in Provincial Family Court. Family Justice Centres in Vancouver, Surrey, Nanaimo and Kelowna have specialists in child support called Child Support Officers.  You can ask your Family Justice Counsellor if a Child Support Officer can be involved in your case.(Remember that Family Justice Counsellors cannot assist with divorce or division of family assets). Some Family Justice Centres can refer you to '''Family Advice Lawyers''' provided by the Legal Services Society for parents with low incomes.   
#'''Family Justice Counsellors''' If you are dealing with an issue such as child custody, access, guardianship, and child and spousal maintenance, you can contact a Family Justice Centre and make an appointment to speak with a Family Justice Counsellor. Family Justice Counsellors can provide information and referrals, provide mediation and conciliation services and assist with writing separation agreements and filing documents in Provincial Family Court. Family Justice Centres in Vancouver, Surrey, Nanaimo and Kelowna have specialists in child support called Child Support Officers.  You can ask your Family Justice Counsellor if a Child Support Officer can be involved in your case.(Remember that Family Justice Counsellors cannot assist with divorce or division of family assets). Some Family Justice Centres can refer you to '''Family Advice Lawyers''' provided by the Legal Services Society for parents with low incomes.   
# '''Family LawLINE''' If you are a person with a low income and a family law problem, you may be eligible for brief free over-the-phone "next step" advice about family law issues such as custody, access, guardianship, child support, spousal support, property division, family agreements, adoption, and court procedures.  To see if you can speak with a LawLINE lawyer, contact the Legal Services Provincial Call Centre at 604-408-2172 (Greater Vancouver) or 1-866-577-2525 (no charge elsewhere in BC) between 9:30 am and noon on weekdays.
# '''Family LawLINE''' If you are a person with a low income and a family law problem, you may be eligible for brief free over-the-phone "next step" advice about family law issues such as custody, access, guardianship, child support, spousal support, property division, family agreements, adoption, and court procedures.  To see if you can speak with a LawLINE lawyer, contact the Legal Services Provincial Call Centre at 604-408-2172 (Greater Vancouver) or 1-866-577-2525 (no charge elsewhere in BC) between 9:30 am and noon on weekdays.
# '''Family Mediators''' Other than Family Justice Counsellors (see above), most family mediators are professionals in private practice who assist couples in trying to resolve their family issues by agreement. Some family mediators are also family law lawyers. They almost always charge for their services.  You can find a list of mediators in your area in the Yellow Pages, the Mediate BC website (mediatebc.com.  Click on the “Directory of Family Mediators” link).  
# '''Family Mediators''' Other than Family Justice Counsellors (see above), most family mediators are professionals in private practice who assist couples in trying to resolve their family issues by agreement. Some family mediators are also family law lawyers. They almost always charge for their services.  You can find a list of mediators in your area in the Yellow Pages, or the [[Mediate BC]] website; click on the “Directory of Family Mediators” link.  


{{Tipsbox
{{Tipsbox
| width = 70%
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| tips = Mediate BC provides “Distance Family Mediation Services” to people who live in less populated areas of the province or outside the province, or to couples who live in separate communities.  They have a “sliding scale” of fees to help people with lower incomes.  See “Where to get help” below for contact information for Mediate BC.}}
| tips = [[Mediate BC]] provides “Distance Family Mediation Services” to people who live in less populated areas of the province or outside the province, or to couples who live in separate communities.  They have a “sliding scale” of fees to help people with lower incomes.  See “Where to get help” below for contact information for Mediate BC.}}
 
Before talking with a Family Justice Counsellor, lawyer or mediator, complete the form, Preparing for Your Interview in Part 3 of this Guide.  Make sure you have the dates of birth of your spouse and children, your date of marriage or cohabitation (if applicable), your date of separation, information about your income and assets and those of your ex and some notes on the issues that concern you.


== What happens next? ==
== What happens next? ==
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| tips =  
| tips =  
If you and your ex have resolved all the other issues between you, and you are only seeking a straightforward divorce, there are a number of publications to help you do this.  (See below under “Where to get help”).  However, if you and your ex are still discussing how to divide your assets (house, money, vehicles, furniture, etc.) you should definitely speak with a lawyer.  Division of family assets is a complicated area of the law.}}
If you and your ex have resolved all the other issues between you, and you are only seeking a straightforward divorce, there are a number of publications to help you do this.  (See below under “Where to get help”).  However, if you and your ex are still discussing how to divide your assets (house, money, vehicles, furniture, etc.) you should definitely speak with a lawyer.  Division of family assets is a complicated area of the law.}}


== Where to get help ==
== Where to get help ==


See the [[Resource Guide]] in Part 2 for a list of helpful resources. Your best bets are:
See the [[Resource List]] in this Guide for a list of helpful resources. Your best bets are:
* [[Mediate BC]]  
* [[Mediate BC]]  
* [[Family Justice Centres]]to make an appointment with a Family Justice Counsellor to discuss custody, guardianship, access or maintenance.
* [[Family Justice Centres]] to make an appointment with a Family Justice Counsellor to discuss custody, guardianship, access or maintenance.
* [[Duty Counsel]] - Family Lawyer Advice  
* [[Duty Counsel]] - Family Lawyer Advice  
* [[Family Law in BC]], for forms, self-help materials and other legal information about family legal issues.
* [[Family Law in BC]], for forms, self-help materials and other legal information about family legal issues.
* Clicklaw common questions [http://www.clicklaw.bc.ca/question/commonquestion/1006 "Our marriage is over; do we have to go to court?"] and [http://www.clicklaw.bc.ca/question/commonquestion/1105 "How can mediation help me with a divorce agreement?"]


For Mediate BC:
Before talking with a Family Justice Counsellor, lawyer or mediator, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you have the dates of birth of your spouse and children, your date of marriage or cohabitation (if applicable), your date of separation, information about your income and assets and those of your ex and some notes on the issues that concern you.
# 1.855.660.8406 (Toll free – Canada & US)
# 604.660.8406 (Vancouver local)
# 604.660.4177 (Fax)
# mediation.advisor@mediatebc.com
 


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Revision as of 01:15, 19 January 2012

There are a number of services available to help people resolve family issues without having to go to court.

Tipsandnotes.png
For help with challenges in caring for children, see "I am having challenges with my children and don't want the Ministry to remove them" in this Guide.


First steps[edit]

  1. Decide if the situation you are facing is one that can be safely and fairly resolved without involving lawyers and the courts. If the other party has dominated, harassed or abused you or your children or has denied you the custody or access to children that you are entitled to, it may be tough to resolve your problems fairly without going to court.
  2. Speak with a lawyer, advocate or family counsellor for advice on whether your problem is one that can probably be resolved out of court.

There are 4 main services for people with low incomes who want to resolve family problems outside of court:

  1. Family Justice Counsellors If you are dealing with an issue such as child custody, access, guardianship, and child and spousal maintenance, you can contact a Family Justice Centre and make an appointment to speak with a Family Justice Counsellor. Family Justice Counsellors can provide information and referrals, provide mediation and conciliation services and assist with writing separation agreements and filing documents in Provincial Family Court. Family Justice Centres in Vancouver, Surrey, Nanaimo and Kelowna have specialists in child support called Child Support Officers. You can ask your Family Justice Counsellor if a Child Support Officer can be involved in your case.(Remember that Family Justice Counsellors cannot assist with divorce or division of family assets). Some Family Justice Centres can refer you to Family Advice Lawyers provided by the Legal Services Society for parents with low incomes.
  2. Family LawLINE If you are a person with a low income and a family law problem, you may be eligible for brief free over-the-phone "next step" advice about family law issues such as custody, access, guardianship, child support, spousal support, property division, family agreements, adoption, and court procedures. To see if you can speak with a LawLINE lawyer, contact the Legal Services Provincial Call Centre at 604-408-2172 (Greater Vancouver) or 1-866-577-2525 (no charge elsewhere in BC) between 9:30 am and noon on weekdays.
  3. Family Mediators Other than Family Justice Counsellors (see above), most family mediators are professionals in private practice who assist couples in trying to resolve their family issues by agreement. Some family mediators are also family law lawyers. They almost always charge for their services. You can find a list of mediators in your area in the Yellow Pages, or the Mediate BC website; click on the “Directory of Family Mediators” link.
Tipsandnotes.png
Mediate BC provides “Distance Family Mediation Services” to people who live in less populated areas of the province or outside the province, or to couples who live in separate communities. They have a “sliding scale” of fees to help people with lower incomes. See “Where to get help” below for contact information for Mediate BC.

What happens next?[edit]

  1. Family Justice Counsellors and Family Mediators A Family Justice Counsellor or Family Mediator will meet with you and discuss your options. They will contact your ex to see if he or she agrees to resolve your issues out of court. If so, the counsellor or mediator will communicate with both of you separately or together to help you reach an agreement. If not, a Family Justice Counsellor may assist you in preparing court documents or refer you to a lawyer or an advocate. Family Mediators may assist in drafting agreements, but are unlikely to assist you with other court documents.
  1. Family LawLINE The Family LawLINE can give you advice about how you can proceed with your case and may refer you to other services, but will not represent you in court or mediations. Family LawLINE services are provided through brief phone calls.
Tipsandnotes.png
If you and your ex have resolved all the other issues between you, and you are only seeking a straightforward divorce, there are a number of publications to help you do this. (See below under “Where to get help”). However, if you and your ex are still discussing how to divide your assets (house, money, vehicles, furniture, etc.) you should definitely speak with a lawyer. Division of family assets is a complicated area of the law.

Where to get help[edit]

See the Resource List in this Guide for a list of helpful resources. Your best bets are:

Before talking with a Family Justice Counsellor, lawyer or mediator, complete the form Preparing for Your Interview included in this Guide. Make sure you have the dates of birth of your spouse and children, your date of marriage or cohabitation (if applicable), your date of separation, information about your income and assets and those of your ex and some notes on the issues that concern you.