Leave with some help

How to navigate the family law system in B.C.

This is the fourth of our monthly advice columns written by experts from the Jewish Family Service Agency (JFSA). Each month we will tackle a new topic, based on questions sent in by readers (anonymity is assured). Please send your questions to [email protected].

Dear JFSA,
I am married with two children and I have recently decided to leave my husband. Obviously, I'm worried about what will happen with my children, and I'm also worried about my finances. I'm not comfortable going downtown to see a lawyer, but I need confidentiality. Who can I go to for help?
Sincerely,
Concerned

Dear Concerned,
This must be a very difficult time for you, dealing with the emotional as well as the legal ramifications of a separation, and especially when the question of child custody is involved. The legal system is complex, but there are a number of services to assist people who need help navigating the system, and to determine their rights in matters of family law. Only a lawyer is legally authorized to provide you with legal advice; however, there are a number of services that provide some pro bono (free) legal assistance from lawyers, and others that can help educate you in the area of family law.

If you require emergency assistance with a family legal matter, legal aid may be able to assist you. The criteria for being eligible for legal aid for family matters is if there has been violence or the threat of violence within the family, or the threat of losing contact with your child or children. The Legal Services Society (www.lss.bc.ca) administers the legal aid program and you must contact them directly if you are seeking legal aid. Their Vancouver office is located at Suite 425, 510 Burrard St. in Vancouver, or you can phone them at 604-601-6206.

Most people will not be eligible for legal aid in family law matters, so there are a number of other options for limited free legal assistance. In conjunction with Access Justice, JFSA holds pre-booked legal clinics to provide people who have legal questions with a half-hour free consultation with a lawyer. These clinics are held every Wednesday afternoon at the JFSA office, from 3 to 5 p.m. To book an appointment at JFSA, call 604-257-5151.

The Access Justice website at www.accessjustice.ca provides information about the clinics held at JFSA, as well as information about other sites throughout Greater Vancouver and British Columbia which provide free legal clinics. Generally, legal matters that are covered in these types of clinics include matters pertaining to civil, employment, family, immigration, wills and estates law. You can also contact Access Justice at 604-878-7400 for all clinic locations and to book an appointment.

If you want to start with some general advice, you can also try contacting the Legal Service Society's LawLine. This free telephone set-up is a legal advice service that provides direct access to lawyers and paralegal staff who may be able to help you with your questions or refer you to an appropriate service. They can be contacted at 604-408-2172 or toll-free (outside the Lower Mainland) at 1-866-577-2525.

Other possible clinics available in the Vancouver area include the Law Students Legal Advice Clinics (LSLAP). To make an inquiry or to book an appointment, contact them at 604-822-5791.

Before you go to see any lawyer, whether a free clinic or for a fee, you may also want to do some research so that you understand the laws pertaining to divorce, custody, maintenance, etc., and have an idea of what questions you may want to ask the lawyer. There are free resources available online at the Legal Services Society website (www.familylaw.lss.bc.ca) and at their locations. The Canadian Bar Association, B.C. branch, provides a free recorded telephone message service to assist with questions on family law and a number of other topics. Dial-a-Law is available at 604-687-4680 in the Lower Mainland or 1-800-565-5297 outside the Lower Mainland.

Libraries are also a useful source of general information. Public libraries have a number of resources to provide you with information on family law, custody and divorce. The B.C. Courthouse Library Society, located in the courthouse building in Vancouver, provides a number of family law resources and free assistance in accessing resources by library staff.

Unfortunately, the legal system was not designed to make it easy for members of the public to manage their own legal affairs. However, many organizations, such as the ones listed above, see the great need for free and low-cost assistance today. These clinics and legal information resource groups assist thousands of individuals each year with difficult situations such as yours and can help you to know your rights and to navigate the legal system.

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