Tag: family law

More Help Available for Families Experiencing Separation and Divorce – Sliding Scale Family Mediation Project

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Mediation help for separation and divorce

By Kari Boyle
Director of Strategic Initiatives, Mediate BC

Are you going through a separation or divorce? Would you like to avoid the time, money and stress involved with going to court? Mediate BC is a not-for-profit society that provides people with practical, accessible and affordable choices for resolving their disputes. With funding from the Law Foundation of BC, Mediate BC has launched the Sliding Scale Family Mediation Project this Spring to help families experiencing divorce and separation to access mediation services at fees which are set based on the family’s net income and assets/debts.

What are the benefits of mediation?
Family mediators will help you reach decisions about issues such as: property division, child and spousal support, parenting time and guardianship without going to court. This approach promotes a healthy relationship with the participants and any children involved, and can also save you time, money and stress.

How do I get started?
Visit our website or call the Sliding Scale Project Mediation Coordinator, Maria Silva, at 1-877-656-1300 ext. 108 for more information. She will help you decide if this program is the right choice for you.

What if I or my ex-spouse/partner qualify for Legal Aid?
You may be eligible for the Family Mediation Referral Program which provides the first six hours of family mediation services at no charge to your family.  To apply for this service, visit a Legal Aid office or contact the LSS Call Centre.

Below are some of Mediate BC’s other services and resources:
–    About Mediation: information on mediation, including the role of a mediator and how to choose one.
–    Roster Mediator Directories: searchable directories of civil, family, and child protection mediators to assist people in selecting a suitable mediator to resolve their dispute.
–    Public Education and Training: offers free public seminars on mediation and professional development opportunities for dispute resolution practitioners.

New Law Focuses on Aboriginal Matrimonial Rights on Reserve

New on Clicklaw

Aboriginal Legal Aid BCThe Family Homes on Reserve and Matrimonial Interests or Rights Act brings into force new laws regarding homes on reserve as of December 16, 2014. The law details who can stay in the family home on a reserve if you and your spouse split up or your spouse passes away.

The law highlights the issue of status. You may be able to remain in the family home even if you’re not a First Nation member and your spouse is.

LSS’s Aboriginal Legal Aid BC website has resources and information to help guide you through the new law.

Why the law was needed

If you were not a First Nations member or status Indian, and your relationship ended or your spouse died, you may not have been allowed to remain in the family home. Due to the negative impact on families – particularly women and children – the law was needed to provide families with rights and options.

What you’ll need to know

Aboriginal Legal Aid BC lists for whom the law applies:

  • At least one of you is a First Nation member or status Indian
  • You’re married (spouses)
  • You’re common law (living with your partner for at least a year)
  • You live on a First Nation reserve

Who the Law Doesn’t Apply To

The Aboriginal Legal Aid BC website has a list of persons the new law doesn’t apply to including if your reserve has a self-government agreement, its own land code or its own matrimonial real property laws.

Any upset to the family dynamic can be stressful. For families on reserve, the added weight of matrimonial real property rights and who can remain in the family home on reserve can potentially increase pressure and stress on all parties involved. It is important to note courts will consider the best interests of the children as keeping connections to their First Nations culture, social and family ties are essential.