Archive for year: 2014

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Family Law Act aims for cooperative approach to parenting

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Monday, August 11, 2014.

In March 2013, British Columbia passed the Family Law Act. This law focuses on the child’s best interests and the responsibilities of both parents toward the children after a divorce. One of the ideas behind the Family Law Act is that changing the language used to talk about parenting after a divorce may change the parenting approach.Divorce in Canada is governed by federal law, and the Divorce Act uses words like custody and access. The provincial Family Law Act governs parentingarrangements and has eliminated the use of these terms. Instead, it uses words like guardianship and contact and refers to parenting time and parental responsibilities. The aim is to eliminate the idea of one parent winning over the other.The change in language also reflects an increased respect for and acknowledgement of each parent’s role in raising the child whether or not that parent is the primary guardian. The Family Law Act also emphasizes working to keep parenting arrangements out of court and using professionals in dispute resolution to settle differences. This push toward cooperative parenting does not mean that individuals should not work with lawyers when they are negotiating parenting time. In fact, working with an attorney may be a good idea because it might ensure better negotiations. Sometimes, an emotional situation benefits from the involvement of a disinterested third party. Using the Family Law Act, parents and their attorneys might negotiate an agreement that does not result in 50/50 parenting time but is in everyone’s best interest. For example, if one parent travels a great deal for work, the parenting arrangement might be negotiated to deal with that. The child would spend more time with the parent who is home more with flexible arrangements to accommodate the schedule of the other parent.Source: JusticeBC, “Parenting Apart“, August 07, 2014

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

Statistics reflecting child custody agreements in Canada

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Monday, August 4, 2014.

When couples in British Columbia with children get a divorce, there are multiple options for child custody and parental contact that could come into play. The National Longitudinal Survey of Children and Youth provides a number of statistics related to child custody arrangements.

Of the cases included in the survey, mothers were most likely to gain exclusive custody. While 12.8 per cent of cases resulted in shared custody, fathers only gained exclusive custody 6.6 per cent of the time and mothers gained exclusive custody 79.3 per cent of the time. The numbers also differ based on the age of the child. While the mother gained custody in 80.6 per cent of cases in which the child was five years of age or younger, when the child was between six and 11 years old, the mother gained custody only 74 per cent of the time.

When it came to contact with the non-custodial parent, of the 86.2 percent of children who lived with their mother only, 14.8 per cent of children never visited with their fathers. Another 24.6 per cent of children who lived with their mothers visited with their fathers irregularly, and 46.8 per cent saw their fathers at least every two weeks. In the 7.3 per cent of cases where the father gained custody, only .7 percent of children never saw their mothers, 2.2 per cent of children saw their mothers irregularly, and 4.4 per cent of children saw their mothers at least every two weeks.

Couples going through divorce may not be sure what living arrangements would be best for their children. Individuals may want to work with a lawyer to come up with the best possible child custody agreement.

Source: Canada Department of Justice, “Selected Statistics on Canadian Families and Family Law: Second Edition“, July 31, 2014

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

RCMP officer convicted for faking paternity test sentenced

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, July 24, 2014.

A 37-year-old British Columbia man was sentenced to jail on July 17 after he was convicted for fabricating evidence by having another person take a paternity test for him. According to the report, the man, who is an RCMP officer, reportedly had another officer take the paternity test in July 2013.

The man reportedly had an affair with a woman in April 2009 that resulted in the birth of a daughter in July 2010. The woman was reportedly paying for her daughter’s expenses when she lost her job two years later. She applied for assistance from the ministry, which then sought to recover the cost of the child support from the man in May 2013. The man allegedly made two appointments at a clinic to take the paternity test but did not show.

In July 2013, the man was accused of asking his fellow RCMP officer to take the test for him. The other man agreed, and he went to the clinic on July 19, 2013, to take the test where a photograph was taken. When the test came back negative, the ministry went after the accused man. Since then, the accused man has reportedly paid back the cost of the paternity test and was making attempts to repay the child support that he owed.

Non-custodial parents may be responsible for making Former Vancouver Island Mountie sentenced for trying to fake paternity test”, Louise Dickson, July 18, 2014

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

Dividing a couple’s family property at the end of a marriage

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Wednesday, July 16, 2014.

British Columbia residents may wish to know how property is divided when a couple divorces. The law has a specific method, but couples are free to come to a separate agreement if they wish.

Under B.C. law, there are two categories of property relevant to a couple when they decide to divorce. Family property is defined as any property that each of the spouses came to own, either on their own or as a couple, until the day that they separate. This can be anything from retirement accounts to a family home. Excluded from this definition is anything that falls under the category of excluded property. Three types of property fall under the excluded definition, and they are property owned by a spouse prior to marriage, property that was gifted to or inherited by one spouse, and certain types of legal damages, trust property and proceeds from insurance policies. When this excluded property increases its value during the marriage, however, that increase in value is usually deemed to be family property.

These rules apply to married couples and to those who have cohabited for over two years in a relationship resembling a marriage. Any property that is deemed to be family property and not excluded is divided equally between the former couple when they divorce. In some cases, however, an unequal property division is appropriate when an equal split would not be fair to one party.

Additionally, a couple can choose to negotiate a different division of property agreement if both parties so desire. A lawyer who has experience in family law may be able to counsel one party and decide what constitutes a fair division of the family property. The lawyer may then be able to draft an agreement to be signed by the former spouses.

Source: Justice BC, “What happens to family property when spouses separate?“, July 15, 2014

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

Controversy swirls over mayor and wife

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Monday, July 14, 2014.

As the mayor of Vancouver goes through a reportedly amicable separation from his wife, he is enduring false attacks and alleged rumours from one of his political opponents, the NPA. After three decades of marriage, the mayor moved out of the couples’ recently purchased residence into a condo. As the rumours swirled, Vision Vancouver released numerous media information that seemed to pull NPA into the conflict.

The couple later released a statement that said they were separating. They did not address the issue of divorce. However, the mayor’s team was surprised by the statement as they hoped they would not have to say anything about the mayor’s relationship with his wife. Within minutes, Vision requested information from the NPA about false accusations against the mayor and his family.

An email from an NPA official included accusations of philandering against the mayor. A representative from Vision questioned NPA leadership and the personal attacks toward the mayor. A news release from Vision requested that the NPA candidate for mayor explain why the party was attacking the mayor. The Vision questioned the sling tactics of the NPA and the type of campaign that brought personal matters into the public arena. A representative with the Vision categorically denied the rumours although the mayor himself did not comment. The representative further requested privacy for the family. However, an NPA representative denied the claims that the party is attempting to discredit the mayor. Through the years, the mayor has put his family in the spotlight with publicized photos of all of them together.

When a public figure decides to end their marriage, rumours could make their way into the media even when the couple wants to keep things private. A family lawyer might be able to lessen the public damage to a high-profile figure.

Source: The Province, “Vision Vancouver accuses NPA of personal attacks in Gregor Robertson’s separation from wife”, Sam Cooper, July 07, 2014

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

Real Housewives’ divorce underway

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Thursday, July 3, 2014.

Drama filled a Canada courtroom as one of the stars of Real Housewives of Vancouver testified in a divorce case. Jody Claman provided testimony for several days during the divorce trial that endured two weeks. Specifically, she was asked questions about her income, assets and spending.

Claman was married to a mining executive. He filed for divorce in 2013. While the show lasted for only two years before being cancelled in 2013, Claman provided information regarding her income that she earned on the show. She said that she received $800,000 for the two seasons in which she appeared on the reality show. She told the media outside court that she was being sued for half of her assets, spousal support and child maintenance. She had to answer questions about how much of her earnings were derived from her daughter’s clothing store and how much members of her staff were paid.

Her present financial state is reportedly in stark contrast to the income she was yielding while on the reality show. She testified that she was currently in $148,000 of debt. She reported her monthly expenses at $50,000 which allegedly include three monthly mortgage payments and $6,000 for monthly credit card payments. She said that she had not yet earned any income in 2014 and that she wanted to run her catering company again. However, she reported that she lacked the necessary funds for equipment.

Individuals who are concerned that divorce may be looming in their future may opt to discuss their case and options with a family law attorney. In some cases, individuals can settle a dispute instead of litigating it in order to avoid the expense, time and lack of privacy that a trial might entail.

Source: The Province, “Real Housewives’ divorce trial plays out like, well, a reality TV show”, Susan Lazaruk, June 28, 2014

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

Preparing for divorce financially

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Friday, June 27, 2014.

Many residents of British Columbia may aware of some of the expenses that can arise out of a divorce, but some may not have considered how these costs might affect a partner who is not employed. According to some commentators, a partner that is not employed during the marriage might not be able to pay for some of the costs necessary for attaining legal representation and securing an equitable settlement.

Determining the average cost of divorce can be very difficult, and for this reason, an unemployed spouse may need to plan ahead financially before filing for divorce. This might include opening a personal credit history that is not associated with the other party. Although a both parties might be entitled to receive a portion of the marital property as part of a settlement, the property division process can be expensive to negotiate.

In some cases, additional costs may appear without warning even after the initial divorce agreement is put into place, and one lawyer in Alberta emphasizes that every court trip will cost some amount of money. For example, travelling outside of the country requires approval from both spouses. If the other spouse fails to provide approval, the matter may be taken to court. However, this issue might be avoided if the couple signs a prearranged travel agreement.

While the process of divorce can be costly, the outcome may provide a more stable living situation for all of the parties involved. However, providing for a future after marriage during divorce negotiations can be difficult without professional help. A lawyer who is familiar with family law may be able to inform a client of his or her rights and obligations throughout divorce proceedings and may offer the client representation during hearings and negotiations with the other party.

Source: St. Albert Gazette , “Women need financial plan for divorce“.

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

Understanding rules of property division in BC

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Wednesday, June 18, 2014.

The government of British Columbia enforces special rules concerning how property should be divided for couples. These rules regarding property division pertain to married couples as well as unmarried couples who had been cohabiting for two years or more in a relationship similar to marriage.

British Columbia puts property in two categories: family property and excluded property. Family property is to be shared equally between the partners unless they had entered into a prior agreement regarding the distribution of their shared assets. This property includes everything that the partners had owned together until the day that they separate. Distribution does not depend on whose name is on the asset. Traditionally, family property encompasses the home the family shared, investments, financial accounts, pensions, business interests, insurance policies, RRSPs and the increase in the value of property that has arisen since the relationship commenced.

Excluded property is not subject to division. It includes property that one of the partners had before the relationship commenced, gifts, inheritances and certain damages. However, some excluded property can sometimes be divided. One situation in which this situation arises is when the couple is interdependent and not dividing the property would prevent one partner from receiving a fair share. Additionally, the court can divide property unequally if it would be “significantly” unfair to divide it in an equal manner.

While these are the general rules, the courts do have discretion to provide for different distributions to each partner. Additionally, the partners can create an agreement before their marriage or relationship or during their marriage or relationship that changes the default rules. Before entering into any legal contract that affects a person’s property rights, an individual may wish to have the agreement looked over by a family lawyer.

Source: Justice BC, “What happens to family property when spouses separate?“, June 17, 2014

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

Divorcing Hollywood couple may have $50M in assets at stake

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Friday, June 13, 2014.

British Columbia readers may be interested in the divorce proceedings of one famous Hollywood couple. At issue in the divorce is custody of a teenage daughter and various properties across the globe valued at tens of millions of dollars.

Actors Melanie Griffith and Antonio Banderas met while working on a film together in 1995. The couple married afterwards and had a daughter together, who is now 17 years old. Now, the pair has decided to divorce, citing irreconcilable differences. This is the fourth divorce for Griffith, and Banderas has been divorced once before. The split happens amid rumours of the end of their marriage that have persisted for months.

In her divorce filing, Griffith has requested spousal support payments and joint custody of their daughter. She is also seeking sole physical custody of her daughter.

According to reports, the couple owns property in various locations across the world, including in Los Angeles, New York and Spain. Additionally, their assets include various commercial properties and restaurants, both in the U.S. and in other countries. An acquaintance says that Banderas makes “smart” business decisions and the couple is very careful with how they spend their money. The friend also assured media sources that money was “not the reason” for the divorce. Reports indicate that the couple’s net worth could be valued at around $50 million.

In high-asset divorce situations like this, it can be difficult to value and divide the property owned by a couple. This can lead to a contentious divorce. A lawyer may be able to help guide the spouses through this process, from the division of property to negotiation of potentially contentious issues like child custody and spousal support.

Source: Daily Mail, “Melanie Griffith and Antonio Banderas’ ‘$50M divorce’: Estranged couple are ‘worth more than you think’ with homes all over the world“, Shyam Dodge, June 11, 2014

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

The role of mediation in divorce

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Friday, June 6, 2014.

The British Columbia Supreme Court and Provincial Court hear many cases related to matters of family law, but many people are unaware that such disputes can also be resolved without litigation. Mediation is often a viable alternative to litigation in a divorce situation, and the process is able to emphasize the interests of both parties.

Litigation is inherently adversarial, creating an atmosphere that suggests a zero-sum game. However, in many family law disputes, both parties may benefit more from compromise and negotiation, and the win-win appeal of mediation promotes such discussion. Moreover, since the costs of mediation are typically paid equally by the participants, it may be a more economical alternative to traditional divorce.

In cases where mediation successfully settles a dispute, a written agreement will be drafted then might be presented to the court for review. The agreement will essentially act as a contract between both parties. In the event that one party violates the terms listed in the document, the other party will have the option of either amending it or compelling the other’s compliance through the court. In addition, it is possible to resolve some facets of a dispute through mediation and others through the court process if some issues prove difficult to negotiate.

While it is not strictly necessary to retain the services of a lawyer to participate in mediation, it may be helpful to do so in some cases, particularly if the issues being discussed are somewhat complicated. Moreover, a lawyer may review the terms of an agreement that has been reached before it is signed and offered to the courts. Since the mediated agreement will likely be treated as a binding contract, it is important to try to ensure that its terms are not wholly disadvantageous to the signing parties.

Source: Ministry of Justice, “Family Mediation“.

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