Archive for month: October, 2015

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A child’s best interests means more than blood ties in Canada

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Monday, October 26, 2015.

As we discussed last week, the best interests of the child are the primary factors that helps to determine child custody issues. There are several points that are considered when the court is trying to determine the best interests of the child. These points are laid out in the Children’s Law Reform Act. We know that trying to figure out how this law applies to your case might be challenging. We are here to help you learn about the law and how it applies to your situation.

The points that the court considers when making a decision about a child custody include:

— Plans for the rearing of the child

— Stability of the environment of the home

— Emotional ties between the adults and the child

— Ability to provide guidance, necessities of life and education

— Preference of the child if the child can make them known

— Ability to accommodate for special needs

Those factors are considered for anyone who is claiming a right to have custody of the child. The adult might be a mother, father, same-sex spouse of a biological parent or any adult who meets the requirements set forth for qualifying as a parent. Child custody can be awarded to someone who isn’t related to the child by blood because the Supreme Court of Canada ruled that the child’s best interests trump blood ties.

We know that all of this can be a lot to take in. If you are in the midst of a custody battle or think that one is forthcoming, we can help you to learn your options for seeking custody of the child.

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

What are the best interests of the child?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, October 23, 2015.

You’ll hear it a lot in child custody cases in British Columbia: The court wants to rule with the best interests of the child in mind. But what does this really mean? What are the child’s best interests and how are they determined?

This is a very general term. Essentially, the court has to look at the means, needs, conditions and circumstances that the child finds himself or herself in. The court then tries to find the living situation that gives the child the very best situation, where needs can be met and living conditions are highest.

Again, this is fairly vague, but that’s just because every situation is so different. A few things that are considered include:

— The relationship that the child has with both the mother and father on their own.– What the child wants—if he or she has a preference regarding the custody agreement.– The child’s emotional needs and well being.– The ability of the parents to provide care, taking into account their schedules, physical abilities, health, mental states and more.– Whether or not there are other children; the court usually tries to keep kids together.– The income levels of both parents; this isn’t a deal breaker, but a gainfully employed parent may be able to provide better housing, food, clothing and other support than someone with no job.

The court does try to keep both parents involved in most cases, but the child’s best interests are always one of the most important pieces of the puzzle. If you’re going through a divorce, make sure you know how this legal process works.

Source: FindLaw, “Child custody — FAQ,” accessed Oct. 23, 2015

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

How to work out a separation agreement

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Friday, October 16, 2015.

When a couple decides to go their separate ways, it leads to a variety of emotions. It’s very common for these emotions to spill over into the legal aspect of the separation process. When this happens, couples tend to get locked into legal battles over custody, parenting time and how to divide their assets. An alternative to this is to turn the adversarial divorce process into a collaborative project and work out a separation agreement with your spouse.

The process of drawing up a separation agreement entails working with your ex-partner to decide the common issues of divorce, including property division. While putting emotions aside and working to look at your situation as objectively as possible is important for the separation agreement process, it’s also important to protect your own rights and interests. During the separation agreement process, you should still have your own legal representation to ensure that you fully understand the terms of the agreement.

It’s also possible that the process of trying to get a separation agreement is not successful. In these circumstances, it’s important to have someone protecting your interests who are already familiar with your case and the aspects that are causing issues.

While many people first thinking about a divorce or going through the beginning steps may think that finding common ground with a soon-to-be ex-spouse is just about impossible, a lawyer who works in family law can help. At Laughlin & Company, we see the common issues that come up in the divorce and separation process on a regular basis and can help you understand how to navigate these often complicated challenges and work out a separation agreement.

Real Estate Lawyers Coquitlam

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

Introducing a stepparent: How can I ease the transition?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, October 8, 2015.

While every family is different, the dynamics that come along with stepparents and blended families are particularly complicated. As a stepparent, it can be difficult to figure out exactly what your role is and how to keep your family on solid ground as your partner’s children go between houses.

One of the best things to do if you are new to the stepparent game is to give the children time. It’s tempting to come in and attempt to immediately bring two families together, but just because you are living under the same roof or are married does not mean there won’t be issues. Working out the dynamics of a blended family can take years, and generally, the older the children are, the more time it takes.

A better strategy is to focus on the positive aspect of your relationship with your stepchildren and make sure to always support the biological parents. It’s easy to let your feelings about your partner’s ex influence the way you talk and behave around the children, but it’s important to be sensitive to their needs and the fact that the other parent is a very important part of their lives.

One thing that is important to understand is that, as a stepparent, you have no legal rights to your partner’s children and cannot go against the wishes of the legal parents. You also do not have the same rights as a noncustodial parent as far as petitioning the courts for changes in child support or custody. If you believe that something needs to be formally handled through the courts, your partner will need to discuss the situation with a lawyer to determine the best steps moving forward.

Source: Parents Magazine, “Parenting your partner’s child: you’re the new kid on the block,”

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

Important considerations when changing your name

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Thursday, October 1, 2015.

Changing your name when you get married is common tradition for women, but more and more men are also deciding to change their name, either taking on a hyphenated version of both last names or sometimes even taking their partner’s name. If you are changing your name after a marriage, you can do this right away without any legal steps, but this has pros and cons. If you get a divorce later on, you will not have to go through any legal steps to return to your former last name, but you will also have to continue to use your prior name on all government documents.

If you decide to change your name legally on all of your government documents, such as a driver’s license and passport, you will need to complete the Election to Change Surname after the marriage. You will need your marriage license or the Joint Declaration of Conjugal Relationship form if you are cohabitating with your partnerbut not married.

Just like with marriage, you can begin using your desired name as soon after your divorce as you wish or you can choose to legally return to your former last name. If you choose the latter, you will need to complete the Election to Resume Former Surname form and provide a copy of your divorce decree, your birth certificate and the change of name certificate from the previous change. There is also a $25 fee, as of 2015, to complete the name change.

If you have questions about whether you should change your name after a divorce, how to fill out the paperwork or where to send your materials, a lawyer can help.

Source: FindLaw, “Changing your name upon marriage,” accessed Oct. 01, 2015

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