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Joanne Moser recently went to trial for a client that struggled with substance abuse. The client knew that their children would end up in foster care if they continued, so the client reached out to family members for support. The family members agreed to help raise the child and avoid foster care while they recovered. One family member, who later became the opposing party, refused to return the child to the parent. It was evident that the client made an active effort to improve and overcome their addiction, with many of their family members testifying to that. This was a difficult case with family members against each other, forcing them to pick sides. The professionals involved during the client’s rehabilitation efforts stated that the client’s circumstances from when they first started at the shelter, and now were “night and day.” The client is now fully recovered from their addictions and is a successful, high-performing member of the academic community. A trial ensued, and after the client’s efforts to rehabilitate and successfully raise the child were demonstrated, the judge found that the child should be rightfully returned to the parent.

 

In Summer 2021, Joanne Moser represented a client in a conflict-of-interest matter. There are provisions in the Code of Professional conduct that state a lawyer cannot act against a former client on the same subject matter unless waived. 2 years ago, an individual met with a lawyer at a neighbouring firm where they were given free legal advice by a pro-bono lawyer. At this consultation, they received advice about their spouse and indicated signs of domestic violence. This individual also stated that the lawyer offered to open a file for the case, although the lawyer could not remember this. Two-years later, this individual’s spouse was represented by a lawyer at the same firm that the that gave the legal advice at the consultation. The individual came to Joanne Moser where they were informed it was a conflict-of-interest matter. The Code of Conduct has an exception to conflict of interest regarding pro-bono clinics, with the underlying rational being to encourage lawyers to give back to their community. The opposing lawyer argued that because it was pro bono legal advice being distributed, that they should be exempt. Ms. Moser proved that the lawyer offered to open a file and had more than a brief description of the case, the judge decided it was in fact a conflict-of-interest. The judge stated that a reasonable member of the public would find it unacceptable for the firm to represent Joanne’s client’s spouse and ordered the spouse to find new representation.

For more information about your Family Law questions contacts us at:

Phone: 1-306-359-0202

Fax: 306-359-0330

Email: lawoffice@nychuklaw.com

 

Two Nychuk and Company family lawyers, David Flett and Jim Vogel Q.C., recently represented a client in November, 2020 following a week-long trial and received a court decision from Queen’s Bench. The court accepted all arguments on behalf of our client, rejecting the claims of the other party, with an end result of significant child support, as well as $20,000 per month in spousal support payable to our client. Our client was awarded the parenting terms that they had sought.  The court also accepted all arguments raised with respect to significant family property that had been dispute. The client was extremely satisfied with the outcome of the trial, having won on every single issue brought to the courts.

For more information about your own Family Law questions contact us:

Phone: 306-359-0202

Fax: 306-359-0330

Email: lawoffice@nychuklaw.com

Are you thinking about moving, but aren’t sure how it will affect your custody agreement?
Reg Sauer is a family lawyer at Nychuk and Company who has had expertise in family matters for over 30 years. Reg recently represented a client who had joint custody of their children. The client wanted to relocate from Saskatchewan to British Columbia and take their children with them. Regular circumstances would require a court application to obtain an order allowing the client to relocate without the opposing party’s consent. Reg was able to avoid long and tedious court applications by using the notice to relocate provisions under the recently amended Divorce Act. A notice to relocate was provided to the client to serve on the other party. The client was able to seamlessly transition to a different province.
For more information about your own Family Law questions contact us at:

Phone: 1-306-359-0202

Fax: 306-359-0330

Email: lawoffice@nychuklaw.com

In a situation where one parent struggled with addiction issues and the children’s safety was a significant concern, Kayla McKinnon was able to obtain an interim order for her client, that gave her the ability to make decisions in relation to the children without having to agree with the other parent. It was determined that the other parent needed to remain entirely drug free to not pose a risk to the children, as they had suffered due to their parents struggles. As such, a graduated parenting time plan was ordered with respect to the father, which started with limited supervised parenting time and was only to expand over the course of five to six months if he provided clean drug screens. If he failed to produce screens, his parenting time would not expand. If he failed any drug screen, it was ordered that her client would be justified in suspending parenting time. This interim order was granted so that the children would be safe and sheltered from their parents addiction issues.

Kayla McKinnon also assisted in obtaining an interim order granting our client, sole legal decision-making responsibility (formerly known as sole custody) of her children after experiencing years of domestic violence at the hands of her former spouse. There was no order granting the other parent parenting time in this order. The other parent had originally asked the court for parenting time, as they claimed that our client had been withholding the children from them and that there was no reason for them not to have regular contact with the children.

For more information about your own family law questions contact us at:

2255 Albert St.
Regina, SK S4P 2V5

Phone: 1-306-359-0202

Fax: 306-359-0330

Email: lawoffice@nychuklaw.com