What should I bring to a family mediation session in BC?
This answer covers the law of British Columbia.
Bring clear, honest information about your income, property and debts, plus your ideas for parenting, because a party to a family law dispute must give the other party full and true information to resolve it. That information may not be used except as necessary to resolve the dispute. Exactly which documents to bring depends on your issues, and your mediator can tell you.
For a parenting proposal, think about your child's needs, since agreements about guardianship, parenting arrangements and contact must be made in the best interests of the child only. A mediator you consult must assess whether family violence may be present and consider how it affects safety and your ability to negotiate a fair agreement.
Leaving out significant property or debts can matter later, because a court may set aside a witnessed property agreement if a spouse failed to disclose them. An agreement is a written agreement under the Act only if it is in writing and signed by all parties. Independent legal advice is not required for a separation agreement to bind you, but a lawyer can help you review any draft before you sign.
Key takeaways
- Be ready to give the other party full and true information, which may be used only as necessary to resolve the dispute.
- Base parenting proposals on the child's best interests, because agreements about guardianship, parenting arrangements and contact must be made on that basis only.
- Raise any safety concerns, since a mediator you consult must assess whether family violence may be present.
- Disclose significant property and debts, because a witnessed property agreement can be set aside if a spouse failed to disclose them.