Darnell Smith Darnell Smith

Nothing to Discuss

Noting To Discuss, Breaking from 20 Years of Intimate Partner Violence book launch has me eager to read this book.

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Darnell Smith Darnell Smith

Why an Old Prenup, needs updating

A BC couple's prenup protected his $8 million inheritance. After 13 years, the judge still split the remaining assets 55/45. Simply having a prenuptial, marriage or cohabitation agreement is not enough; you need to update, care for and reconsider the agreement after major life events.

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Darnell Smith Darnell Smith

Why Simply Stopping Payments Costs this man Thousands

He stopped paying the full amount when his health failed, and assumed the court would fix the past later. It did not. A new BC Supreme Court decision explains effective notice, retroactive variation, and what it takes to retroactively cancel support arrears.

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Darnell Smith Darnell Smith

Professional Supervisors: do they all suck?

Professional parenting supervisors in BC are unregulated, without training, screening or standards. A Surrey family lawyer explains why, and offers a model court order term that fixes it.

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Darnell Smith Darnell Smith

Should Your Kids Get Their Own Lawyer? A BC Judge Just Said No

Two judges, one section of the Family Law Act, opposite results. A new BC Supreme Court decision explains when children get their own lawyer in a parenting dispute, and why the judge in this case decided that a lawyer would only have made things worse.

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Dan McArthur Dan McArthur

What the Heck is Common Law marriage?

I just finished my first year of law school, and the most expensive thing I learned is that “we never got married” is not the legal force field people think it is. In BC, two year of living like a married couple can put you squarely inside the Family Law Act property division, pension splitting, spousal support, the whole thing. Here are five misconceptions I hear regularly, sorted out in plain English.

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Darnell Smith Darnell Smith

Courts pushing back on Weaponizing the Process

Two recent BC cases — one involving parental gatekeeping and a rigged sobriety agreement, the other involving financial control as family violence demonstrate how courts respond when a parent weaponizes process against the other. Here's what judges are actually looking for.

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Darnell Smith Darnell Smith

The Mindset to Dominate your Discovery

Being in the right mindset is key to performing well at discovery. In this article, Darnell Smith helps examine what a discovery is and how to approach it.

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