Can I Remove My Ex as a Guardian of our Child?

When it comes to contentious parenting issues, this is one of the most frequently asked questions family lawyers will receive.  However, this question is often rooted in misunderstandings about what guardianship is, who is a guardian, and the likelihood of guardianship being terminated.  In order to determine the possibility of removing your ex spouse as a guardian of your child, consider the below.

Who is a Guardian?

Guardianship is defined in s. 39 of the British Columbia Family Law Act (“FLA”).  This section states that parents are generally guardians of children after they separate if they lived together with the child.  However, if a parent has never resided with the child, pursuant to section 39(3) of the FLA, they are not a guardian unless one of the following applies:

  1. the child is the result of assisted reproduction as defined in s. 30 of the FLA;
  2. there is an
Continue reading

International surrogacy – what you need to know

Stowe family lawyer Tamara Adams looks at the complex topic of international surrogacy and what British intended parents need to know.

Frequent misunderstandings of UK Law and International Law on Surrogacy

Surrogacy is a word that covers a variety of situations where, a woman carries and bears a child on behalf of someone else.

The woman who carries and bears the child is the “surrogate mother”. However, she can do this without being genetically related to the child, for example by using the egg and sperm of the intended parents.

Alternatively, the sperm or egg necessary to create the embryo can come from a donor and the embryo implanted into the surrogate. In such circumstances any resulting child may have no genetic connection with the surrogate mother or her husband/wife, (if she has one).

Global surrogacy laws or treaties

There are no global surrogacy laws or treaties, and this can

Continue reading

A Money Life Coach’s tips for improving your money mindset

Money Life Coach, Fanny Snaith, joins us to share insight into creating a healthy relationship with money to help you reach your financial destination.

Where do you want to be financially?

Deciding what we want in life and setting goals is tricky when we don’t trust or believe in ourselves to achieve them. If you’ve recently become divorced or separated and found yourself a solo money manager again you might feel daunted by the future. Please know that with a little courage and a lot of curiosity – all will be well. Let me explain more.

When working with clients who want to improve their financial mindset, I invite them to see the money side of their life as a financial adventure. This can be a challenge if, like many, you feel managing money is complex or overwhelming. It can feel especially challenging if you’re partner has always managed your

Continue reading

Why we need surrogacy law reform

Stowe Solicitor Megan Brookfield, looks at the reasons why the Law Commission’s delayed surrogacy bill is still vital to ensure that UK law keeps pace with family life. 

It has recently been announced by the Law Commissions that the draft surrogacy bill has been delayed until Spring 2023. It’s at that point the government will consider and debate the bill, meaning there will be even more time needed to pass the legislation through parliament and then implement the changes, further delaying any law reform.

The current surrogacy law

The Law surrounding Surrogacy in England and Wales has not changed for a significant period of time, despite the ongoing change and variety in family dynamics across the UK and the increasing number of people choosing surrogacy.

Surrogacy is governed by the Surrogacy Arrangements Act 1985 and in addition, the Human Fertilisation and Embryology Act in 2008. It has been

Continue reading

If I am in the Military Does My Spouse Automatically Get Half of My Retirement

If I am in the military, does my wife automatically get half of my military benefits when we divorce? There is a law set into place that protects former spouses of people who have served in the military. It is called the Uniformed Services Former Spouses Protection Act. It was enacted by congress in 1982 as a way to prove former spouses of members of the military financial protection. This law is a way for states to split military pay between the spouses in the event of a divorce. Half of Military Retirement

Getting an uncontested divorce while in the military may have different difficulties or complications as opposed to getting a divorce as a civilian. This is due mainly to the fact that congress has enacted this law. Another main complication that may arise when getting a divorce in the military is determining where you should file for a divorce in Shelby County

Continue reading