Phone 604.273.6411
image_pdfimage_print

Meeting a Lawyer Virtually

Have you considered meeting a lawyer virtually ? Despite the confines of social distancing, we remain available to you online through Zoom or other platforms such as BlueJeans.

We can do client meetings virtually and exchange documents online.
We can conduct virtual mediations, arbitrations and collaborative four-way meetings.

Have you considered mediating court applications? We can resolve interim disputes and keep litigation moving. Garth Edwards can work with you to  find solutions to the problems you are having today. As a qualified Family Lawyer, in Arbitration, Mediation and Collaborative Divorce with years of experience, Garth Edwards can help. Meeting a lawyer virtually today may mean you do not have to wait for a solution until life returns to normal.

Garth Edwards is a qualified, Family Law Arbitrator and Family Law Mediator and Collaborative Family Lawyer.

Various platforms are ideal for mediations while social distancing remains the norm. Virtual mediations are particularly useful in situations of family violence. We have full facilities for breakout rooms and private meetings either virtually or physically in our office.

Zoom Is Currently the Preferred Platform for Conducting family law meetings. 

We continue to represent clients from the far reaches of the province and never need to meet in person if you are homebound or the cost of travel is prohibitive.

Contact Garth Edwards today to make an appointment and discuss your needs. 604.231.3497

Mother Loses back child support after taking child to Italy

Court rules that child support arrears are cancelled because mother violated custody order

In a case that should serve as a warning to other parents involved in highly contentious child custody battles, the B.C. Court of Appeal ruled that a woman who moved with her child to Italy is not owed back child support from the child’s father, according to the Nanaimo Daily News. The court found that by taking the child to Italy, the mother had violated previous court orders and had not placed the interests of the child first.

Court orders mother to return to Canada

The case stems from an earlier British Columbia Supreme Court decision that ruled that if the mother wanted to apply for any back child support owed to her she would have to return to Canada and apply in person, according to the Toronto Star.

The couple in this case had a child soon after they were married, but then decided to seek a divorce soon afterwards. According to custody orders, the mother was initially given custody of the child, but the father was granted unsupervised visits on specific dates. However, prior to one of those visits the mother moved to Italy with her child without the father’s consent.

Father cancels child support

In response to the mother’s move, the father sought to have his child support obligations cancelled by a court. The mother fought against the father’s move to cancel the child support payments, but now the Court of Appeal has ruled against her in a two to one decision.

The father owed $32,000 in back support, but the judges ruled that the mother’s conduct prevented the father from actually providing support to the child. Furthermore, the court determined that ruling in the mother’s favour would effectively endorse her violation of court orders. The court ruled that if she wants to seek child support now she will have to do so in Italy. The one dissenting judge, however, said there was insufficient evidence for the court to rule against the mother and advised that the case should be sent to the Supreme Court of Canada. The mother’s lawyer has yet to comment on the ruling.

Child support

This case highlights just how contentious child support and custody issues can be following a divorce. Furthermore, this ruling goes to show just how serious the consequences can be if either parent violates a custody order issued by a court. Any parent who is looking to establish a child support or custody plan should consult with a qualified family law lawyer. Such a lawyer can help parents come up with a custody and support plan that works for them and makes sure their children are adequately provided for.