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To Skype or not to Skype?

There has recently been a flurry of cases referencing, examining or at least mentioning Skype in the context of access and mobility.  As is becoming increasingly known, Skype  is software which allows...

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What’s in a name?

The courts are not waiting for the legislature when it comes to the wording of orders.  Changes proposed in the White Paper on Family Relations Act Reform have not yet been adopted as law; however, in...

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Interim Custody and Status Quo

What happens on interim custody applications when there is no existing court order?  In granting an interim order for custody, the court is obliged to consider the status quo.  Preservation of the...

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What If No One Follows An Order?

In the recently decided case of Newton v. Luettger, 2011 BCSC 995, the court made an observation which, while simple, is also far reaching in its effects.  The case involved a 2005 trial custody order...

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Who will care for my children when I’m gone?

When there is a separation or divorce, estate law and family law are very much intertwined with one another.  At Henderson Heinrichs we have found that our clients are often justifiably concerned with...

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The Court as Custodial Parent?

What rights does a court have over child related decisions when an interim custodial parent has been named?  This question, in the context of the custodial parent’s decision to move out of the country...

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