Annual Report 2014/2015

  • August 07, 2015

Submitted by the 2015/2016 Section Secretary/Treasurer, Jessie N. Ramsay

Summary of Meetings

Number of Meetings Held: 4

September 18, 2014
Guest Speaker: Dr. Mary Korpach
Meeting Title/Topic: Views of the Child Report, Section 211 Assessments, the new Family Law Act
Synopsis: The style of this meeting was a question an answer period with Dr. Mary Korpach, psychiatrist. The discussion considered the following issues:

1. appropriate steps to take within high conflict cases where parental alienation is present;
2. voice of the child reports;
3. children having their own advocates;
4. what to present to a psychiatrist/psychologist within a retainer;
5. unrepresented litigants ordering section 211 reports;
6. steps to take in cases involving young children in high conflict; and
7. interviewing children.

November 19, 2014
Guest Speaker: Paul Hundal
Meeting Title/Topic: Family Maintenance Enforcement Program
Synopsis: During this meeting Paul Hundal presented regarding the Family Maintenance Enforcement Program ("FMEP"). We discussed the following topics:

1. Extraordinary expenses - FMEP wants to see a fixed amount when making a claim;
2. Separation agreements - variation;
3. Freeze on Driver's License/Passport - to encourage payment;
4. Committal;
5. Enforcing Costs; and
6. Order cancelling/reducing arrears.

March 25, 2015
Guest Speakers: Chris Johnson and David Griffiths
Meeting Title/Topic: Legal Aid
Synopsis: Discussion pertained to access to justice and touched on the following issues:

1. Job Action to protest minimal legal aid funding;
2. Purpose of the Legal Services Society;
3. Family law tariffs and the cost implications of tariffs - new system versus the old system;
4. Pilot project - lead family law duty counsel; mediation; expanded duty council model focused on child protection;
5. Qualifications for legal aid; and
6. Tax on legal fees.

A notice was also given to legal aid lawyers regarding upcoming change in computer systems.

June 23, 2015
Guest Speaker: The Honourable Master Caldwell, Stephani Fabbro, and Craig Neville
Meeting Title/Topic: Parenting Coordination
Synopsis: Discussion of the new form of alternative dispute resolution of parenting coordination. The following topics were addressed:

1. Functions of parenting coordinating:

a. mediate problem;
b. determination making phase; and
c. education;

2. Requirements to becoming a parenting coordinator;
3. Standard parenting coordination document;
4. Implementing a parenting plan;
5. Whether interim orders can make provision for parenting coordinators;
6. Relevant sections of the Family Law Act and Regulations;
7. Whether parenting coordinators are experts;
8. Concerns from the bench as articulated by Master Caldwell:

a. financial aspect;
b. power imbalances; and
c. micromanaging;

9. Cost of parenting coordinator;
10. Issues addressed by parenting coordinators;
11. Jurisdiction of parenting coordinators;
12. Average parenting coordinating time/cost - max = $25,000/ min = $5,000


Comments and Observations of the 2015/2016 Section Secretary

The CBABC Family Law- Fraser Valley Section meetings in the past year have touched on a variety of topics and have served to better inform all of the attending lawyers. What was critical in maintaining attendance and engaging the attendees was providing topics and speakers that discussed current and ongoing issues in family law in British Columbia. Being able to provide a forum whereby current issues are discussed and lawyers are given the opportunity to provide their respective opinions and hear others is extremely valuable. Ongoing learning in the legal profession is key and these meetings undoubtedly provided that to those in attendance.