ABOUT THIS EPISODE: In this episode, we are joined by Vandana Sood - a staff lawyer at Rise, who answers question regarding myths and stereotypes at the trial level. In 2024, Vandana represented the mother and appealed a final parenting order that provided the father (the respondent) with equal and unsupervised parenting time. The BC Court of Appeal found that the trial judge had failed to conduct a proper analysis of the mother’s allegations of family violence. The Court of Appeal also found that the trial judge failed to consider the effect of a child’s exposure to family violence when assessing the best interests of the child, and relied on in reaching the trial decision. In this episode, the hosts ask Vandana about:

• What were some of the myths that appeared at the trial level?
• Why was the recognition of these myths in the higher court so important?
• What is the importance of considering indirect family violence (vs. Direct family violence)?
• What does this case, KMN, do for the future of family law cases?

References:

1. Court of Appeal Judgement

2. Canlii decision: K.M.N. v. S.Z.M., 2024 BCCA 70 (CanLII)

LEGAL DISCLAIMER: Everything that we have said today is not legal advice. If you or someone you know needs legal advice, please consult with a lawyer.

TRIGGER WARNING: Our podcast series will discuss difficult topics such as gender-based violence and intimate partner violence, including physical, sexual, emotional, psychological and financial abuse. Please be aware that this is a thread that is woven throughout all the episodes, and we hope you will take care of yourselves however you need.

MUSIC: Song "Crushing", performed by Reveille (license purchased for use)

GRAPHICS: By Melanie Ligale

This episode is made possible the generous contribution by Women and Gender Equality Canada, Femmes et Égalité des genres Canada

ABOUT THE ORGANIZATION: Rise is a community legal centre providing accessible legal services to self-identified women and gender diverse people in British Columbia since 2016. Our programs and services are aimed at providing limited legal services to economically disadvantaged clients, who are self-representing in their family law matters in BC

For more information on our organization, visit Rise Women's Legal Centre