Best Family Lawyers in New Westminster

About Family Law in New Westminster, Canada

Family law in New Westminster, Canada, covers a broad range of legal matters that affect families. This branch of law includes issues such as marriage, separation, divorce, child custody and access, child and spousal support, property division, and protection from family violence. Family law in New Westminster is governed by both federal and provincial legislation, most notably the Divorce Act and the British Columbia Family Law Act. The focus of family law is to resolve disputes in a way that protects the rights and interests of all family members, especially children.

Why You May Need a Lawyer

There are several life circumstances in which seeking the help of a family lawyer in New Westminster is highly recommended. Common situations include:

• Going through separation or divorce and needing guidance on your legal rights and responsibilities.
• Disputes over child custody, parenting time, guardianship, or access.
• Negotiating or disputing child support or spousal support payments.
• Dividing family property and debts following a relationship breakdown.
• Preparing cohabitation, prenuptial, or separation agreements.
• Domestic violence and seeking protection orders.
• Adoption or guardianship applications.
• Enforcing existing court orders or agreements.

Family law matters can be complex and emotionally charged. Having a lawyer ensures your interests are protected and you fully understand the options available to you.

Local Laws Overview

Family law in New Westminster is shaped by legislation at both the provincial and federal levels. Some of the most important laws include:

• Family Law Act (British Columbia): This provincial act addresses issues such as guardianship, parenting time, responsibilities, child support, spousal support, division of property and debts, and protection orders.
• Divorce Act (Canada): This federal act applies to married couples who are seeking a divorce and covers custody, access, child and spousal support, and parenting arrangements for children.
• Child, Family and Community Service Act: Addresses child protection concerns including child abuse and neglect.
• Provincial Court Family Rules and Supreme Court Family Rules: Govern court procedures for family matters in New Westminster.

In New Westminster, family disputes can sometimes be resolved through alternative dispute resolution processes like mediation, without going to court. However, when court is necessary, both the Provincial Court and Supreme Court of British Columbia have jurisdiction over family law matters.

Frequently Asked Questions

What is the difference between the Provincial Court and the Supreme Court for family matters?

The Provincial Court hears matters such as child support, parenting arrangements, and protection orders, but it cannot deal with divorce or division of some types of property. The Supreme Court can address all family law matters, including divorce and property division.

Do I have to go to court to settle family law issues?

No. Many family law disputes can be resolved through negotiation, mediation, or collaborative law outside of court. Courts are generally a last resort.

How is child custody decided in New Westminster?

Decisions about custody and parenting arrangements are made based on the best interests of the child, considering the child’s needs and circumstances, not the parents’ preferences.

How is child support calculated?

Child support is typically determined by federal or provincial guidelines, which use the paying parent’s income and the number of children to determine the amount.

What is spousal support and when is it awarded?

Spousal support is financial assistance paid to a former spouse after separation or divorce. It depends on several factors, including the length of the relationship, each person’s financial situation, and contributions to the family.

Can common-law couples get the same legal protections as married couples?

Yes. In British Columbia, common-law couples who have lived together for at least two years have many of the same rights and responsibilities as married couples, particularly regarding property division and support.

What can I do if my ex-partner is not following a court order?

If a former partner is not complying with a court order regarding support or parenting arrangements, you can apply to the court to enforce the order.

How are property and debts divided on separation?

Family property and debts are generally divided equally between spouses or common-law partners after separation, with certain exceptions for excluded property such as gifts or inheritances.

How do I apply for a protection order?

Protection orders can be obtained through the Provincial Court or Supreme Court if there is a risk of family violence. Immediate help and guidance are available through local legal services or the police.

Can I change a custody or support order after it is made?

Yes. If there has been a significant change in circumstances, you can apply to the court to vary (change) a custody or support order.

Additional Resources

If you are seeking more information or support regarding family law issues in New Westminster, consider reaching out to the following:

• Legal Aid BC - Offers free or low-cost legal services for eligible individuals.
• Family Justice Centres - Provide free information and assistance with family law issues, including mediation services.
• Access Pro Bono - Connects people with volunteer lawyers for free summary legal advice.
• BC Ministry of Attorney General - Information about court processes and family law in British Columbia.
• New Westminster Courthouse - For filing applications or accessing court services related to family law.
• New Westminster Police - For urgent assistance in matters involving family violence or protection orders.

Next Steps

If you find yourself facing a family law issue in New Westminster, consider the following steps:

1. Gather all relevant documents, such as marriage certificates, financial records, and any existing court orders or agreements.
2. Write down the details of your situation and what outcome you are seeking.
3. Contact a family lawyer or a legal aid service for an initial consultation. They can explain your rights, obligations, and the best course of action.
4. Explore out-of-court dispute resolution options, like mediation, if appropriate.
5. If court action is needed, a lawyer can assist with preparing and filing the necessary documents and representing you in proceedings.
6. Stay informed about your rights and options throughout the process. Attend all appointments and court dates as required.

Taking action early and seeking professional legal advice can help you navigate family law matters confidently and protect your interests as well as those of your family members.