Archive for month: August, 2016

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Know what is allowed and what isn’t in child custody

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, August 26, 2016.

Canadian law has very specific points about what can happen in a child custody case. These custody agreements are very serious because they set the tone for the rest of your child’s childhood. When the child custody agreement gives your child stability, your child is going to be more likely to thrive.

We know that your emotions are probably playing a part in the child custody case. It is easy to see how that could happen because you love your child and you want to see your child as much as possible. You know that your way of wanting things done for the child is what is best. You should realize that your ex feels the same way, and that is why a child custody agreement is necessary.

During the child custody proceedings, whether these occur in a cooperative manner or in court, we can help you to keep your focus on what the law says regarding issues. We can help you ensure that your rights are respected and that your child’s best interests are truly kept at the heart of the case.

If you already have a child custody case and need to have it modified, we can help you with getting that done. There are some very specific situations in which a modification is warranted. Learning about those and finding out if your situation is one of those is the first step in your plan.

No matter what kind of child custody issue you are having, you have to make sure that you know what solutions are possible. That gives you a good starting point for getting things resolved.

Port Coquitlam Lawyers

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

Can I move my child whenever I want without consent?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, August 18, 2016.

Having a child custody agreement means that you have to abide by the points laid out in the agreement. This means that you can’t just make decisions for your child if they go against the agreement. One of the major life decisions that you might wonder about is whether you can pick up and move your child or not. The answer is that you can’t just decide to move your child one day and do it the next.

What does Canadian law say about moving a child?

In 1996, a decision was made by the Supreme Court of Canada that laid out a precedent for wanting to move a child. This decision was a landmark decision because, before it, a parent could merely relocate the child at any given point under the presumptive right of the custodial parent. After the decision was made in 1996, the best interest of the child has to be making a move. The court will no longer consider the best interests of the parent.

What can I do if I need to move my child?

In some cases, you can get the child’s other parent to agree to the move. This would allow you to make a move without any worry. If that isn’t possible, you will likely have to head to court. In British Columbia, you have to notify the non-custodial parent of the intended move. The other parent might object to the move, which would mean you go to court for the court to decide if the move is in the child’s best interest.

If you are considering a move or if you want to object to a move, you should make sure that you understand how to take the appropriate action legally. This can make the process a little more comfortable for you.

Source: FindLaw Canada, “Can custodial parents move their children?” Miriam Yosowich, accessed Aug. 18, 2016

Lawyers in Port Coquitlam

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

Planning is a crucial step in the mediation process

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Friday, August 12, 2016.

The mediation process is often a faster, more cost-effective method of getting through all the points in your divorce. If you are planning on going through mediation, you should make sure that you are properly prepared before you head to the first session, as well as subsequent sessions if more than one is necessary.

You must mentally prepare for the mediation session before that first session. This is a big point because how you mentally prepare can have an impact on how you handle the negotiations that are part of the process. You have to be ready to negotiate on the points that come up. Compromise is the key to mediation, so you can’t go into the meeting thinking that you are going to get your way on every point. You can’t let your emotions, such as anger, rule you during the mediation process.

Another important consideration is the financial aspect of the divorce. You need detailed financial records so that you can get moving on the property division process. Planning a budget for when you are a single person can often help you in this portion of the mediation process. Your budget lets you know what you can afford, which can help you to know if you are able to afford assets that require upkeep and have other expenses.

Make a list of the concerns that you have. By writing down your concerns, you can make sure that you have those addressed during the divorce negotiations. If you want, you can make a list of points that you think you need to hold firm on and points that you are willing to negotiate on. This can let you start your negotiations a bit higher than what you are willing to accept.

During the process, you can ask to speak to the mediator and/or your attorney in private. This might help you to discuss problems that are sensitive in nature. This also gives you the chance to get answers to any questions about your rights or obligations answered.

Source: The Huffington Post, “How to Prepare for Your First Mediation Session — Your Eight Steps Plan,” Dr. Michelle Rozen, accessed Aug. 12, 2016

Family Lawyers Coquitlam

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
https://www.laughlinlaw.ca/

Legal separations and child support

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, August 4, 2016.

A legal separation is an option that many people explore, either as a trial period to see if the divorce is really what they want or for other personal or financial reasons. However, it’s important to understand that a legal separation is not the same as “taking a break” or having an on-again-off-again relationship with someone.

Just like a court order for a divorce, a separation agreement must be followed or modified if need be through the proper legal channels. This is why it’s very important to understand exactly what you’re agreeing to and what you will need to do later on if there is an issue.

Because those who choose to go through a separation instead of a divorce are still legally married, there are many misconceptions about what can be done with finances. For instance, child support may still come into play even though the marriage is technically intact. This is because the parties will be maintaining separate households, which means more expenses. If child support would have been awarded in the event of a divorce, it is likely to also be a factor in the separation.

If you are interested in a legal separation but aren’t sure if it’s a viable option for your situation, it’s important to start off by talking to a lawyer about your rights, choices and expectations. This ensures that you understand the differences between the separation and a divorce, the issues unique to a separation and what you may need to do later on if you decide to completely terminate the marriage.

Family Lawyer Coquitlam

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
https://www.laughlinlaw.ca