Archive for year: 2014

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No child support for mother who took child abroad

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, May 29, 2014.

The Court of Appeals in British Columbia ruled that a man whose former wife took their daughter to Italy nearly five years ago does not have to pay back child support of more than $32,000. A lower court had already reached the same conclusion in June 2013, but the mother appealed.

The new court decision ruled that being returned to her father’s custody was in the child’s best interest. In the absence of this compliance, the demand for child supportwas not considered valid. One judge did write a dissenting opinion in which he said that the Supreme Court of Canada should consider the case due to a lack of evidence regarding an earlier order that cancelled child support. However, the prevailing opinion considered the change of circumstances when the child was taken to Italy reason enough to end the support.

The couple married in 2006, had the child in 2007 and soon separated. Following several years of various custody orders, the father was granted specific dates for unsupervised access in 2009. A month later, the mother took the child to Italy. A contempt order and an arrest warrant were then issued, and in 2010, the father was given custody. The mother now has the option of attempting to recoup the child support through an Italian court.

This case demonstrates some of the potential complications of child custody and support. These issues are made even more complex when there is an international element and a possibility that a child might be taken overseas. Parents working out custody agreements may wish to consult a lawyer to ensure the best possible outcome for the child.

Source: The Gazette, “Woman who took child to Italy loses child support appeal in B.C.’s top court”, Keven Drews, May 27, 2014

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

$4.5 billion granted in divorce

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Tuesday, May 27, 2014.

In what may be the largest divorce settlement in world history, British Columbia soccer fans might have heard that the owner of AS Monaco, Dmitry Rybolovlev, was ordered to pay his ex-wife more than $4.5 billion. The divorce was filed in Switzerland, and that country’s law entitles the former wife to 50 per cent of what the Russian billionaire earned during the marriage. According to the Geneva Tribunal of First Instance, this amounts to the cash settlement in addition to several Geneva properties.

The court judgment also caused Rybolovlev to lose custody of the couple’s teenage daughter. At the time that the divorce was filed in 2008 after 21 years of marriage, Rybolovlev was estimated to be worth $12.8 billion; the original settlement demand was $6 billion. The fortune, which was primarily due to potash mining, was mostly distributed to trusts in Cypress in 2005.

Because Cypress has no legal aid treaty with Switzerland, Rybolovlev’s ex-wife may have problems collecting the money that the court granted her. However, the Swiss court did provisionally freeze all of the billionaire’s domestic and foreign assets. His lawyer said that the $1.5 billion settlement reduction confirmed the validity of the asset transfers to the trusts, which occurred several years before divorce proceedings began.

The province only grants a divorce if a couple has been living apart for at least one year or if there is the presence of adultery or cruelty. If a couple chooses to separate first, it is often recommended to draft a separation agreement, which can lay out the terms of a future divorce regarding asset division, spousal support and child support. This can normally be done through mediation, but litigation may be necessary if the couple cannot come to an agreement.

Source: The Huffington Post Canada, “Dmitry Rybolovlev, Russian Oligarch, Ordered To Pay More Than $4.5 Billion In Divorce“, May 20, 2014

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

Protests shine a light on income assistance clawback issues

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Monday, May 19, 2014.

A group in British Columbia is attempting to combat a policy that takes back income assistance from some mothers. In New Westminster, they marched in protest against these policies, which they claim are damaging children’s health. Mother’s Day was the day when Acorn Canada chose to lead the protest march involving dozens and a Poverty Potluck meal in order to combat crown clawbacks from income assistance programs.

The clawbacks subtract from income or disability payments when the receiver also receives income from another source. For instance, one mother reportedly receives $300 in child support, which is then deducted from her $1,200 monthly income assistance. This, they argue, is preventing single mothers from providing proper nutrition for their children. Some, reports indicate, use the monthly Poverty Potluck meals as a necessary part of their children’s nutrition. The stated purpose of the meals, however, is to shed light on the unhealthy food that children are forced to eat due to the clawbacks.

One crown representative said that, while he sympathizes with the difficulty felt by the single mothers, the assistance programs are meant to be a last resort. This means that single mothers are expected to seek income from any other source to offset government assistance. However, a representative from Acorn stressed that those who grow up without proper nutrition are more likely to develop various physical and emotional ailments. These include diabetes, food allergies and developmental issues.

While issues remain regarding income assistance, many single mothers are relying on child support payments to take care of everyday expenses for their children. A family law lawyer could help when an ex-spouse responsible for child support has delinquent payments or wishes to seek a child support modification.

Source: Global News, “Low-income activists protest government clawbacks to child support in B.C.“, Darlene Heidemann, May 11, 2014

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

Parental rights of sperm donors in question

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Monday, May 12, 2014.

In British Columbia, legislation provides that a sperm donor does not have automatic parental rights. In the rest of the country, there is no definitive case law pertaining to the obligations and rights of sperm donors. It is unknown how many sperm-donation births occur each year since the sale of donor sperm is illegal, but in the United States, where it is legal, it is estimated that 30,000 of these births occur annually.

Sometimes, a sperm donation occurs because a couple is unable to conceive a child through standard means. This is the case of actor Jason Patric, who is undergoing a custody battle in the California court system. California is like most of Canada with no definitive case law for this type of situation. Patric and his former girlfriend were in an on-and-off relationship for nearly 10 years before they opted for in-vitro fertilization with Patric as the donor. Their son was born in 2009, but the actor’s name was not included on the birth certificate.

The couple dated again for about two years with Patric active in his parenting role. After the couple broke up in 2012, the court sided with the former girlfriend in a custody dispute since there was no father listed on the birth certificate. Patric had desired shared custody, but the court instead granted his former girlfriend’s request for a restraining order, which is still in place.

An appeals court may agree that denying access for a father who has been active in the life of his child is not in the best interests of the child. However, some worry that a court decision in this direction would allow for single mothers to seek child support from those fathers who wished only to donate sperm and not participate in the lives of their biological children. It has been stated that each case is unique and should be examined as such, taking into consideration what would benefit the children the most.

Source: Jason Patric’s custody battle a cautionary tale on parental rights, “Jason Patric’s custody battle a cautionary tale on“, Leah Mclaren, May 08, 2014

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

Overseas parental kidnapping cases and the law

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, May 2, 2014.

Data shows that families in British Columbia and across Canada have seen a 40 per cent rise in parental kidnappings and custody battles between nations since 2009, according to the Department of Foreign Affairs. Toward the end of April, the department was addressing 240 active cases that involved international parental kidnappings. Many of the cases involved other nations that have agreed to the terms of the Hague Convention, an international treaty that attempts to work out parenting terms in cases between two countries.

One father talked about his battle to regain custody of his two boys after their mother brought them to Poland without his knowledge. She now refuses to send them home even though the courts in both nations have ruled in his favour. He explained that his sons were born in Canada and expressed his frustration that they were taken out of the country. He decided to start a group for parents in similar situations and cited unofficial reports of how many international child abductions occur each year in Canada. A person in upper management at the Canadian Centre for Child Protection admitted that these cases are very complicated.

When a country has not agreed to the terms of the Hague Convention, the cases can become even more frustrating for left-behind parents. However, it was not clear how many cases involved countries that did not agree to the Hague terms. Part of the problem stems from the marriage of two people from different countries, the birth of their children and a subsequent divorce.

International parental abductions can be some of the toughest cases in family law, and the problem is becoming more frequent as globalization increases. The province insists that children of separated or divorced parents have their time divided between the parents in such a way that it benefits the children, not the parents, the most.

Source: Windsor Star, “International parental abductions, cross-border custody battles up”, Lee Berthiaume, April 27, 2014

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

What Do I Do If I Have Been Sexually Harassed At Work?

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By Laughlin & Company Lawyers Mediators of Laughlin & Company Lawyers Mediators posted in Human Rights on Tuesday, April 29, 2014.

If you have been sexually discriminated against then one option is to file a complaint with the Human Rights Tribunal.  An example of unacceptable behaviour would be an offer of promotion in return for sexual favours.   It is also inappropriate for your employer to imply that your career might be jeopardized if sexual demands are not met.   You may wish to hire a lawyer with experience representing complainants through the Human Rights Tribunal process.

Unacceptable touching, sexual comments or offensive images in the workplace should not be tolerated.  Filing a complaint with the Human Rights Tribunal could allow you to obtain compensation and preventing future work environments from tolerating this type of behaviour..

Timing

Importantly, you will want to ensure that your complaint is submitted without delay.  Generally, there is a six month deadline for filing your complaint.  The complaint should be filed within six months of the discriminatory incident.  If you file your claim more than 6 months after the incident then the tribunal has the option of dismissing the claim for lateness.  If it is determined that the discrimination is a continuing incident then the clock starts ticking on the last day which the discrimination continued to occur.

Procedure

The Human Rights Tribunal does not operate through the Provincial or Supreme Courts.  They have their own quasi-judicial body responsible for adjudicating and screening human rights complaints.  However, if an award of money has been granted by the tribunal then this can be enforced through the courts.

Before the tribunal sets up a date for a hearing the usual process would provide for an early settlement meeting.    These meetings have a very high success rate for resolving matters.   Most of these matters are dealt with through negotiated settlement rather than a full hearing.

The Human Rights Tribunal prohibits discrimination based on sexual orientation, sex, age, convictions, sources of incomes, retaliation against someone who was a witness or helped with a complaint, marital status, physical disability, mental disability, religion, political belief, place of origin, colour, race or ancestry.

Call to book an appointment if you believe that you have a legitimate human rights complaint against an employer, landlord, occupational association, hotel, restaurant or union.   Telephone 604 239-0800 and ask for Stewart Elworthy.

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

Deciding who gets to keep the pet after a divorce

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Monday, April 28, 2014.

British Columbia couples often argue over the division of marital property during a divorce. Few pieces of property elicit as emotional a reaction as pets, however. Determining who gets the family pet after a marriage ends can be a tricky subject, but courts generally look at a few factors to make their rulings.

Under the law, pets are seen as pieces of property. This means that if a pet was owned by one spouse prior to the marriage, it will usually count as non-marital property and be owned by that spouse after the marriage. Also, if a prenuptial agreement shows who will own the pet after divorce, this will usually dictate custody.

When these do not apply, a judge will generally have to make a ruling. The factors that a court may consider in order to determine pet custody include which spouse would be better equipped to care for the pet. If a spouse has a job that takes him or her away from home often or has a schedule that is inconsistent, this can count in the judge’s decision. If a spouse has been the primary caretaker of a pet, though, this can generally weigh in his or her favor. Showing proof that one spouse buys the pet food and other supplies, takes the pet for walks or is the one to take the pet to the veterinarian can go a long way toward that spouse retaining custody.

A lawyer may be able to help throughout this process, whether in negotiating who gets custody of a pet or any one of the numerous divorce legal issues. The lawyer may be especially useful during the valuation and division of property stages in order to help ensure a fair asset division.

Source: Forbes, “How Are Pets Handled In Divorce?“, Jeff Landers, April 17, 2014

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

Advocates call for change in BC child support policy

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Friday, April 18, 2014.

Leading lawyers and advocates for single parents have joined the New Democratic Party in criticizing the British Columbia government’s policy of reducing the income assistance and disability benefits of parents who receive child support. Under the current system, a dollar-for-dollar deduction is made from these benefits when the recipient receives child support from an ex-partner. The policy allowed the province to cut the amount of benefits paid out by $17 million in 2013.

Lawyers from the Community Legal Assistance Society and West Coast LEAF say that the practice places undue hardship on struggling families and impacts the lives of children. They point out that social assistance payments have not been raised since 2007 and that not all additional income is treated equally by the authorities. Families receiving assistance can earn up to $200 per month from employment without impacting their benefits. The exemption rises to $800 per month for individuals on disability assistance.

Christy Clark, the Premier of the province, takes a different view. She contends that the policy saves taxpayers money in a “difficult” financial climate. Clark added that assistance payments were designed to provide only what is necessary for families to make ends meet rather than a way to “top up” other sources of income. However, she did suggest that the social assistance rates may be raised in the future when financial constraints are not so severe.

Negotiating child support arrangements can be a frustrating and emotionally draining process for parents, and they may be revisited periodically as financial situations evolve. A lawyer with experience in family law may be able to help parents come to an amicable agreement that puts a priority on the best interests of the child. The lawyer could also assist parents who are not receiving agreed-upon child support payments from a former spouse.

Source: Times Colonist, “B.C.’s child-support clawback violates rights, lawyers say“, Lindsay Kines, April 11, 2014

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

American man unhappy about his Canadian child support payments

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Friday, April 11, 2014.

A man who lived with his family in Canada for several years before getting a divorce and then moving back to the United States is unhappy about a difference in Canadian child support laws that could result in him making payments for far longer than he thought he would have to. Unlike in British Columbia, child support payments typically end in most states in the U.S. when the child reaches the age of 18.

After faithfully making child support payments for 15 years, he stopped making his $300 monthly payments after his son and daughter became adults. However, he soon realized his error when he received a letter from a state agency notifying him that he owed his ex-wife almost $3000 in back child support payments. The man says that he has inquired about the costs of returning to court to have the child support payments ended, but has been told that the likelihood of having the payments ended remains uncertain. Although his 20-year-old daughter does still live at home with his ex-wife, his 22-year-old son has moved out and is attending college.

Even though the man is a citizen of the United States, the Uniform Interstate Family Support Act ensures that the participating countries honor the legal decisions made in other partner countries in the event of a dispute. In addition to the ongoing cost of paying child support for his adult children, the father indicated that the temporarily unpaid child support also negatively impacted his credit.

Dealing with complex issues like child custody can be made even more difficult when the two parties no longer reside in the same country. A lawyer may be able to help a client negotiate a more agreeable arrangement.

Source: Rapid City Journal, “Pierre man protests paying perpetual child support“, Joe O’Sullivan, April 05, 2014

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

Clawback provisions part of assistance cheques

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, April 3, 2014.

According to Statistics Canada, approximately 49.8 per cent of British Columbia children who are below the poverty line live in a single-parent home. Many of these families must rely on an assistance cheque from the government. Although this assistance is very limited, under current laws, whatever amount of child support that the non-custodial parent pays is taken out of these cheques. Some advocates are opposed to this idea because they believe that the support should go to the children, rather than back to the government.

Some child and youth advocates believe that child support is intended to provide for the children’s well-being rather than as income support for the parents, so clawing it back is tantamount to stealing from the children.

The support that individuals who receive assistance cheques is already extremely limited. For example, families with one child get about $955 a month in assistance, including $570 for housing. If there are six or more children in the household, the family gets just over $1,195, which includes $820 for rent. This is the maximum that any family can receive, and the rates have not been modified in the last seven years in spite of the increase in the cost of living.

In 2002, custodial parents could keep up to $100 a month in child support. Now, this money is clawed back. Advocates argue that the system creates a disincentive for individuals to pay their support obligations because they know the money is going to the state and not their children.

Additionally, the laws require custodial parents to assign their rights to the government to collect child support for their children. Then, they have to assign rights to enforcement, which can put parents in danger if they have fled abusive relationships. Last year alone, $18.4 million was clawed back from assistance cheques.

Individuals who are not receiving child support from a noncustodial parent or who are having difficulty paying because of tight funds could consult with a family law lawyer. Through this action, individuals may learn about their rights and options regarding support.

Source: The Vancouver Sun, “Daphne Bramham: Is clawing back child support good policy or just mean-spirited?“, Daphne Bramham, March 31, 2014

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