Archive for month: December, 2014

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Dividing collective property in a divorce

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Monday, December 29, 2014.

British Columbia couples considering divorce might want to prepare for the fact that a substantial portion of the assets they own might fall under the legal category of family property, which is subject to division by law. Assets obtained independently and prior to the couple’s relationship are one of the few types of possessions excluded from the family property classification.

Assets classified as family property when couples separate include those that were independently obtained by one spouse yet served the couple’s beneficial interest. Property that is purchased after the separation may also be classified as family property if the means to obtain it came from family property resources. Many financial assets are destined for the same classification, including shares in a company, business interests and balances from both bank and retirement accounts. In the same way, debts acquired by the couple is deemed collective in a divorce and therefore subject to division between the two splitting parties.

However, family law in British Columbia does allow for ex-spouses to personally keep as undivided property any inheritances bequeathed to them but not their partner . The same holds true for compensation or other damages awarded to one of the spouses on account of a civil lawsuit in most cases.

That, generally, is how family courts begin to decide the manner in which property will be split. Yet, couples and their lawyers may negotiate an agreement regarding property division on their own terms and submit it to the court for ratification. Success often hinges on the representation and professional wherewithal of the lawyers retained by individual spouses, especially if the dissolution of the marriage contains an evident level of hostility, resentment or vindictiveness.

Source: Queens Printer, BC, “Family property“, December 24, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

A look at relocation issues for parents after a divorce

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, December 18, 2014.

British Columbia residents may be interested in some of the considerations that courts make when deciding whether one parent can relocate with a child, away from the other parent. Competing judicial interests make these relocation decisions difficult to predict.

When parents divorce, there are often issues with both parents trying to maintain a relationship with children after the split. If the child lives with one parent, visitation rights are important in keeping that close parenting relationship with the non-custodial parent. However, if the custodial parent wishes to relocate, this can require the approval of the courts. Though courts attempt to decide these issues based on what is in the best interests of the child, sometimes predicting the outcome can be difficult.

This is because there are so many variables when it comes to relocation decision making. Judges and jurisdictions each have their own views on how to resolve relocation issues, and the particular facts of each case can be a decisive factor. One seminal Supreme Court decision, however, holds some guidance. The court used seven factors in deciding a relocation case. Some of these factors include the existing custody and access agreement between the parents and child, the child’s views on the relocation and the importance of keeping the child together with the non-custodial parent. The judicial system must balance somewhere between the need for a child to keep a relationship with both parents and the ability for one parent to move freely to seek a better life.

Understanding the law regarding living arrangements and other child custody issues can be difficult without the help of a family lawyer. The lawyer may be able to counsel a parent on the best course of action with regard to relocation, visitation rights and parenting time.

Source: The Canadian Bar Association, “Breaking away”, Pablo Fuchs, December 16, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Benefits for grandparents

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Monday, December 15, 2014.

British Columbia grandparents who have assumed custody of their grandchildren may be unaware of the possible governmental help available to them to help. In fact, there are several benefits intended to help provide for the children’s needs for which grandparents may be entitled.

Even in situations where the grandparents are the children’s caregivers but do not have legal custody, they may qualify to access benefits through the Extended Family Program. Those with legal custody of children may have several different benefits available to them, including benefits through the Canada Pension Plan for children under 25, child disability benefits, universal Child Care benefits for children younger than six, child care subsidies and employment insurance family supplements.

Other assorted benefits are available to grandparents who adopt their grandchildren or for those who took in their grandchildren through the government’s foster care ministry. These benefits may be vital for grandparents who no longer work full time or who no longer possess the same earning potential that they did when they raised their own children. In addition to these various benefits programs, grandparents who care for their grandchildren may be eligible for certain tax deductions and credits.

British Columbia provides certain benefits to grandparents and other relatives in whose homes children are living. The living arrangements of the child in the relative’s home determine the types of benefits for which the caregiver is eligible. For more information regarding available benefits, grandparents who have their grandchildren living with them may wish to discuss the specifics of their situation with a lawyer who accepts family law cases. The lawyer may help identify available benefits and assist the grandparents or other relatives with preparing and submitting the program applications.

Source: Family Law, “Benefits for grandparents and other relatives raising children“, December 10, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Developing a plan for co-parenting and child support

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, December 4, 2014.

When a couple’s relationship ends, both parents will need to decide a number of issues including co-parenting, child custody and child support arrangements. Parents in British Columbia must adhere to the child support guidelines set forth by federal law. In most cases, the amount of child support is calculated based on the number of children and the parents’ income.

After the divorce is finalized, child support and child-care related issues may continue to evolve. For example, parents’ financial circumstances may change due to a reduction in hours or a layoff. Such changes may result in the need to have child support payments modified.

If parents experience ongoing issues, including changes in parents’ visitation schedules, a parenting coordinator may be able to provide assistance. Parenting coordinators can help reduce conflicts between parents and minimize harm to children by providing a buffer between parents. In addition, a parenting coordinator can facilitate communication between parents and assist with finding workable solutions to co-parenting challenges.

Communication and planning are key to developing a fair and manageable divorce agreement, co-parenting plan and child support arrangement. Lawyers, along with mediators and parenting coordinators, can help with the process of negotiating a divorce agreement that considers the needs of all of the people involved. If both parties can come to an agreement, then the judge is likely to support the agreement and will grant the divorce. On the other hand, if the parents cannot agree, the judge may create an agreement based on standard formulas.

It can help to learn about how child support is calculated and how child custody is decided. To learn more about the subjects of family law, divorce, child support, child custody and co-parenting, please visit our webpage.

Source: Laughlin & Company , “Child Support“, December 04, 2014

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370