A relatively brief but poignant decision on the issue of child custody was recently released from the B.C. Court of Appeal. Campbell v. Campbell 2003 BCCA 672, a decision authored by Newbury J.A., speaks to the issue of parental manipulation and truth distortion in custody cases and the Court’s increasing lack of toleration for parental behaviour that is not in the best interests of the child.
Archive for November, 2004
Custody – The British Columbia Court of Appeal Takes a Firm Stance on Parental Manipulation
Friday, November 26th, 2004Hartshorne: Enforceability of Prenuptial Agreements and Division of Assets
Saturday, November 13th, 2004In the recent court case of Hartshorne v. Hartshorne the Supreme Court of Canada has stated that when parties enter into a prenuptial agreement the terms of that agreement will be upheld in all but the most unusual of cases. This decision has essentially rendered the Family Relations Act section 65 provision that allows separation or marriage agreements to be set aside on grounds of “unfairness” effete.
The decision of the majority also held that a business asset should be excluded from division of assets if that asset is used to pay support.