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When does a child get to pick which parent to live with?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, January 19, 2016.

Children often have strong feelings when their parent’s divorce, and it can be very difficult for them not to feel like they have to take sides. Even when both parents are making every effort to keep the best interests of the children as the main priority, it’s normal for there to be some issues that come up as time passes.

One common issue is that the child wishes to decide which parent to live with or wants to stop visitation with the noncustodial parent. Many people are under the misconception that there is a certain age at which the courts allow the children to choose which parent they want to live with. However, this is not actually the case.

There is no set age when a child’s wishes become a determining factor in a custody case. If the child is old enough to form one’s own opinions based on reason and not just emotion and can articulate those opinions to the family courts, the child’s wishes may be considered. However, it’s important to understand that they are only taken into consideration and just because a child wishes to live with a certain parent does not mean the courts will agree.

The courts are always and only concerned with the best interests of the child, and in many cases, the children may not be mature enough to have the foresight to understand what is truly best for them. The courts must also watch out for signs of parental alienation or one parent attempting to turn the child against the other.

Source: Family Law in British Columbia, “Parenting, custody & access,” accessed Jan. 19, 2016

Coquitlam Family Lawyers

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

Kelly Rutherford loses right to travel with children

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, December 24, 2015.

After more than three years, the custody battle between Daniel Giersch and actress Kelly Rutherford has come to a close. The couple has been involved in a heated custody dispute over their two children, now ages 6 and 9, since their divorce in 2012. At that time, Giersch had to return to Europe after there was an issue with his visa, and the judge in the case ruled the children could go to live with him since he would not be able to travel to the United States to see them.

The parents continued to disagree over the custody arrangement, however, with both sides accusing the other of parental alienation and making it difficult to have the court-ordered access to the children. The case came to a head earlier this year after the children had been in the United States to spend their summer vacation with their mother. At the end of the court-ordered visitation time, Rutherford refused to return the children.

It appears she had hoped that the U.S. courts would grant her custody of the children and allow them to come live with her again, but because she had moved from her original state of residence, the U.S. courts refused jurisdiction, officially sending the case to Monaco where the children have been living for the past few years.

The Monaco courts sealed their jurisdiction after they awarded Giersch full custody of the children and limited the actress’ visitation with the kids to Monaco or France. It is believed that the actress’ refusal to return the children earlier this year weighed heavily in this decision because she proved she could not be trusted to abide by the court order.

This very long and complicated case is a good example of everything that can happen when you are dealing with international custody cases. It also shows why it is important to always abide by the standing court orders and go through your lawyer to make and file for a modification.

Source: Cambridge Times, “Kelly Rutherford will ‘do better’,” Dec. 16, 2015

Lawyers Coquitlam BC

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

How can I make coparenting easier during the holidays?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Monday, November 30, 2015.

The holidays are an exciting time for young and old alike as the magic of the season bring the year to an end. This is usually a time for family traditions and seasonal get-togethers, but if you and your ex-are divorced, it can make figuring out how to handle the holidays with children challenging. Children can often feel caught between their parents during this time, but taking a few simple steps can help you navigate co-parenting the holidays with ease.

Almost all couples who are divorced with children have some type of formal schedule for parenting time. This is usually done to ensure the children get enough access to both parents, and it also helps decrease communication issues and conflict between the parents as well.

However, the holidays are a time when you may want to be more flexible if your situation allows for it. If you are on good terms with your ex, it might make sense to talk about how you want to handle the holidays and any special gatherings and make a parenting schedule that best fits that plan. As always, try to put this in writing for easy reference for both sides.

It’s also important to remember that the focus should continue to remain on the children. If you want your children to accompany you to your employer’s annual Christmas party but they’d rather go pick out a tree with your ex, it might be best to let the children pick. It’s important during this season to always pause and honestly evaluate your decisions to ensure they are in the best interests of the children.

Source: The Huffington Post Canada, “3 Tips For Creating Joyful Holidays As Co-Parents,” Anna Giannone, accessed Nov. 30, 2015

Real Estate Lawyer Coquitlam BC

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

Court harassment: What you need to know

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, November 13, 2015.

Many divorces, separations or even just custody disputes between never-married couples can get very heated, causing the parties to act in ways they maybe wouldn’t normally. It often doesn’t take very long for one party to start trying to use the family courts as a way to punish the other party. When this happens, it may escalate to the level of court harassment.

In simple terms, court harassment is when one party abuses the legal system in an attempt to cause the other party undue emotional stress, damage the other party’s reputation in the community or cause the other party damage financially. Any of these things can and do happen to some degree in most divorce and custody cases, but when it reaches the level of abuse to one party, it moves into harassment territory.

One example of court harassment is using the victim’s fear of having to involve the courts to threaten them into doing what the abuser wants. In this situation, the courts become an intimidation tactic. Someone engaging in court harassment may also file false reports, bring trivial issues to the court, use the other party’s health issues to embarrass him or her in court or ask for repeated continuances in an attempt to cause the victim ongoing financial and emotional stress.

If this sounds like an issue you are currently dealing with or have had to deal with in the past, it’s important to discuss your situations with a lawyer. Once someone has started to engage in court harassment, it is often an ongoing cycle. Talking with a lawyer can help you be better informed on your options for stopping court harassment.

Source: Family Law in British Columbia, “What if your ex is harassing you through the courts?,” accessed Nov. 13, 2015

Coquitlam Divorce Lawyer

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

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

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

Can I move out of the area with my child in a custody case?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Sunday, September 6, 2015.

When you have a child with someone else and you aren’t a couple, you have to deal with a variety of child custody issues. One of these issues has to do with moving away. If you are the custodial parent of the child, you have some specific responsibilities that must be met prior to the move.

Do I have to let my child’s other parent know about the move?

You have to inform the other parent about the move if you have a written court order regarding the child. This notice must be given at least 60 days prior to the move. It should include information about where you are planning to move.

Can the other parent block the move?

It is possible for the other parent to block the move if the court agrees with the other parent that the move isn’t in the child’s best interests. Once you give notice of the move to the other parent, that person has 30 days to file an objection to the move. If that filing doesn’t occur, you and the child can move. If an objection is filed, the court will step in to decide how to handle the situation.

Are there any exceptions to the requirement to give notice?

If the child’s other parent doesn’t have a relationship with the child, you can ask the court to excuse you from giving notice. The same is true if giving notice would put you or your child at risk of family violence.

A lot of factors go into whether a move is suitable or not. Generally, the parent who isn’t moving would have to show why the move isn’t suitable for the child. If you are considering a move, learning how the court might react might help you plan your steps.

Source: Family Law in British Columbia, “Can you move — With or without your child?,” accessed Sep. 06, 2015

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

Kelly Rutherford ordered to return children to father

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, August 21, 2015.

While any custody battle can be very difficult for a parent to deal with, particularly in the case of a noncustodial parent who is trying to win more access to the children, it’s important to keep in mind that respect for the courts, judges and their orders can go a long way. Defying a court order or publicly disparaging a court official could have repercussions down the line.

Kelly Rutherford has been very vocal about her custody battle with ex-husband Daniel Giersch, which was spanned two countries and seven years since the couple first separated. After the children were able to come to the United States to visit their mother over the summer, Rutherford initially defied an order to bring the children to court so that they could be returned to Monaco, where they reside with their father.

Rutherford explained her reasoning for refusing to return the children to the media, saying “I have decided that I cannot lawfully send my children away from the United States to live in a foreign country.” However, one of the judges involved in the case was not pleased at her refusal, and Rutherford did eventually produce the children and send them back to Monaco, where the case will now be continued.

It’s common for one or even sometimes both parents to disagree with a court’s ruling, but it’s important to use a lawyer and go through the proper channels when attempting to appeal a ruling or petition the courts for further action. Failing to do so can cast the parent in a negative light and present the parent as adversarial to the coparenting process.

Source: Global News, “‘Gossip Girl’ star Kelly Rutherford forced to return both children to father overseas,” John Hadden, Aug. 12, 2015

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

How mediation can help with back-to-school struggles

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, August 14, 2015.

Even though the summer visitation schedule has hurdles of its own, such as coordinating vacations and keeping a routine during the lackadaisical summer days, it’s often easier to keep your cool and negotiate with your ex when you don’t have to deal with getting sleepy teenagers out of bed at 6 a.m. The school year is jam-packed with homework that has to be signed off on, tests to study for, club meetings to attend and trying to fit in parenting time. All of this can add up to increased tensions and put even the most civil of couples on edge.

If you find yourself at odds with your ex and unable to negotiate a middle ground on your own, the mediation process may be able to help. Court battles are often quite lengthy and expensive, but mediation is an alternative that lets parents use lawyers and a third party to attempt to work out a settlement that is agreeable to both parties.

For mediation to work, everyone involved has to understand that the goal is to work together. An adversarial attitude and an uncompromising intent won’t get you far in mediation. Mediation also requires that both parties have the best interests of the children at heart and have a genuine wish to come to an agreement that works for both parents and the children involved.

At Laughlin & Company, our staff is well versed in the mediation process and how to negotiate an agreement while still protecting your parental rights and interests. Talking with one of our lawyers is the first step to learning more about mediation and what it can do for you.

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