Author name: Benti Atwal

Person recording a conversation on a smartphone

Can You Record Your Spouse in BC and Use It in Family Court?

Separation brings out a familiar instinct: if you can capture the moment on your phone the threat, the broken promise, the ugly comment at a custody exchange surely a judge will see the truth. It feels like insurance. In practice, the law in British Columbia is far more layered than “hit record and hope for […]

Spousal Support Entitlement in BC

Uncontested vs. Contested Divorce in BC: What’s the Difference?

Almost every first meeting starts with the same question: Will this be simple, or will it turn into a fight? In British Columbia, the answer usually comes down to agreement. An uncontested divorce generally moves through the registry on paper. A contested divorce in BC follows the court process and can take much longer, especially

Can I Take My Child Out of Canada Without the Other Parent's Consent? What BC Parents Need to Know

Can I Take My Child Out of Canada Without the Other Parent’s Consent?

Guardianship in BC comes with a legal obligation to the other parent, not just to the child. If you share guardianship, taking your child out of Canada without the other parent’s consent or a court order can be a criminal offence under the Criminal Code, and it can trigger an international return process under the

Changing an Existing Parenting Order in BC When and How

Changing an Existing Parenting Order in BC: When and How

Life doesn’t stand still, even after a parenting order is finalized. Your work schedule may change, your child’s needs evolve, or your co-parent may stop following the plan.  Whatever the reason, you’re left wondering: Can I change a custody order in BC? The good news is that BC law allows orders to be “varied” when

Spousal Support Entitlement in BC

Spousal Support Entitlement in BC

Before you can calculate spousal support, you have to answer a more basic question: are you entitled to it at all? In British Columbia, entitlement isn’t automatic just because you were married or lived together. It has to be established first, and only then does the conversation move to amount and duration. This article focuses

Can I Move Away With My Child After Separation in BC

Can I Move Away With My Child After Separation in BC?

Moving with your kids after a separation isn’t just a personal decision in British Columbia — it’s a legal one. Under the Family Law Act, a guardian who wants to relocate a child has to follow a specific process, and skipping it can cost you the move entirely. If you’re planning to relocate, or you

What If My Spouse Is Outside the Country and I Want a Divorce in BC

What If My Spouse Is Outside the Country and I Want a Divorce in BC?

One day, your spouse leaves for another country. At first, you expect them to come back. Months turn into years. Communication becomes difficult. Eventually, you realize the marriage is over. But one question keeps holding you back: Can I still get a divorce in BC if my spouse lives in another country? The answer is

Why Hire Our Abbotsford Family Lawyers at the Legalbird

5 Reasons to Hire Our Abbotsford Family Law Lawyers

Many families in Abbotsford go through life without ever requiring legal assistance. Those are the lucky ones. Families frequently develop complex issues, disputes, and other situations that either end up in court or require professional help in the form of mediation, negotiation, or collaboration between lawyers. From divorces to child custody, parenting schedules, support, guardianship,

Can desk order divorces in British Columbia be set aside explained by Benti Atwal at Legalbird

Can a BC Desk Order Divorce Be Set Aside?: Yang v. Yang 2025 BCCA 328

Most people assume that once a divorce order is granted, it is final and cannot be challenged. However a landmark 2025 decision from the BC Court of Appeal has changed that assumption. The court confirmed that under the right circumstances, a desk order divorce can be set aside — even years after it was granted. If

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