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 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:  
*'''Family Justice Counsellors:''' At [[Family Justice Centres]], Family Justice Counsellors are available to provide information, conduct mediations, and assist with writing separation agreements. Family Justice Counsellors can assist with child custody, access, guardianship, and support, as well as spousal support. They cannot assist with getting a divorce order or division of property. At some Family Justice Centres, the counsellors can refer you to '''Family Advice Lawyers''' provided by the Legal Services Society for parents with low incomes.   
*'''Family Justice Counsellors:''' At [[Family Justice Centres]], Family Justice Counsellors are available to provide information, conduct mediations, and assist with writing separation agreements. Family Justice Counsellors can assist with child custody, access, guardianship, and support, as well as spousal support. They cannot assist with getting a divorce order or division of property. At some Family Justice Centres, the counsellors can refer you to '''[[Duty Counsel|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 over-the-phone "next step" advice about family law issues such as custody, access, guardianship, child support, spousal support, property division, family agreements, and adoption.  
*'''Family LawLINE:''' If you are a person with a low income and a family law problem, you may be eligible for brief over-the-phone "next step" advice about family law issues such as custody, access, guardianship, child support, spousal support, property division, family agreements, and adoption.  
*'''Family mediators:''' 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.  
*'''Family mediators:''' 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.  

Revision as of 01:48, 19 January 2012

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

  • Family Justice Counsellors: At Family Justice Centres, Family Justice Counsellors are available to provide information, conduct mediations, and assist with writing separation agreements. Family Justice Counsellors can assist with child custody, access, guardianship, and support, as well as spousal support. They cannot assist with getting a divorce order or division of property. At some Family Justice Centres, the counsellors 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 over-the-phone "next step" advice about family law issues such as custody, access, guardianship, child support, spousal support, property division, family agreements, and adoption.
  • Family mediators: 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.
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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 difficult to resolve your problems fairly without going to court. It is best to speak with a lawyer, advocate or family counsellor for advice on whether your problem is one that can probably be resolved out of court.
  2. To meet with a Family Justice Counsellor, contact a Family Justice Centre and make an appointment to speak with a counsellor. Some Family Justice Centres 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.
  3. To see if you can speak with a Family LawLINE lawyer, contact the Legal Services Society Provincial Call Centre at 604-408-2172 (Greater Vancouver) or 1-866-577-2525 (no charge elsewhere in BC) between 9:30am and noon on weekdays.
  4. To find a mediator in your area, look in the Yellow Pages or on the Mediate BC website (click on the "Directory of Family Mediators" link).
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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.

What happens next[edit]

If you are meeting with a Family Justice Counsellor or a family mediator, they will discuss your options. They can 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.

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 a mediation or in court. Family LawLINE services are provided through brief phone calls.

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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 property (house, money, vehicles, furniture, etc.), you should definitely speak with a lawyer. Division of family property 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, mediator, or lawyer, 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 property and those of your ex, and some notes on the issues that concern you.