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Canada Revenue Agency may require child custody proof in Canada

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Monday, September 18, 2017.

Single parents who have custody of their children may get some tax benefits from the federal government. But there are times British Columbia parents might have to prove to the Canada Revenue Agency that they’re the custodial parent. When people fill out their tax returns in Canada, the government assumes citizens have declared all their income, but the agency has ways of checking these things. The CRA matches income slips to returns using Social Insurance numbers, making sure citizens have claimed everything. Essentially, claimed expenses, when they come to child custody, must be able to be proved should the government ask for clarification.

Single moms and dads have found that if they claim an eligible dependent (AED) for one child, it may attract the CRA’s attention. The AED can save about $1,700 in taxes, with further savings in each province, so it is a large claim. The CRA is requesting custody proof for many of these claims.

As long as single, custodial parents can provide the right documents to the CRA, the review should go smoothly. Those queried have 30 days to prove custody. Proof may be in the form of a birth certificate and a letter from the school the child attends or from the family doctor. The right paperwork must be presented to prove eligibility for the AED tax credit and without it, the CRA will recalculate tax returns by assuming the claimant doesn’t qualify for the credit.

There are many questions regarding child custody issues that an experienced British Columbia lawyer may be able to answer. A family law lawyer may also be able to point his or her clients in the direction of others knowledgeable in the issues surrounding custody, like those familiar with tax issues such as accountants. The guidance of a lawyer may prove invaluable in these cases.

Family Lawyers in Coquitlam

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

Source: huffingtonpost.ca, “The CRA Might Ask You to Prove Custody of Your Kids“.

Child custody: Indigenous heritage not only factor in B.C.

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, August 22, 2017.

Although a child’s aboriginal heritage should be considered during the adoption process, it is not the only factor when deciding on the best interests of the child, according to the British Columbia Court of Appeal. Several things come into play when deciding child custody in British Columbia, including the emotional well-being of the child. Some weight should be given when the child in question is of First Nations, Metis or Inuit heritage; however, it does not take precedence over other issues.

In a recent ruling on one particular case, the court indicated that a child who has a strong emotional bond with his or her adoptive family and siblings in that family dynamic — regardless of heritage — would likely be harmed emotionally if removed from the family. In this case, it was clear the child knew about his band and First Nation and is proud to be of Aboriginal descent. An appeals court judge indicated that the Aboriginal heritage of a child doesn’t attract “super weight” over other issues when considering an adoption order.

A court will look at many things when determining child custody. A British Columbia lawyer experienced in family law should be consulted in any adoptive process. A lawyer can use his or her extensive legal knowledge to provide clients with the best advice to help them achieve the desired results for their family law needs.

Most family law cases in British Columbia that divorce lawyers deal with aren’t straightforward, and many factors can weigh into a ruling, especially with adoption and child custody. Working with a lawyer will reduce the risk of surprises at a hearing. In addition to providing legal advice, a lawyer will also be able to direct clients to therapists, social workers and others who may be able to help.

Lawyers Port Coquitlam

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

Source: theglobeandmail.com, “Indigenous heritage not a trump card in child adoption, B.C. court rules“, Laura Kane, Aug. 8, 2017

Child custody, property division and lately — divorce ceremonies

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Wednesday, January 25, 2017.

January is often reported to be the month when many British Columbia married couples decide it is time to go their separate ways. Some people avoid divorce talk during the holidays — especially couples who have minor children. Although most divorcing couples seek shared child custody, nobody wants their kids to remember all future holidays as the sad time when their parents got divorced.

During January, people planning a divorce will likely get all their financial matters in order, settle as many debts as possible, close shared credit cards and bank accounts and open personal accounts. Being fully informed about family finances by gathering all the financial information may ease the property division process. This month of preparation may be the time to discuss child-related matters.

Although running two households and subjecting kids to two sets of rules can be tough on parents, the best interests of the children are what matters most. A divorce will yield ex-spouses but never ex-children. As long as they are alive, regardless of how many subsequent marriages the parents enter, they will always be the parents of that child. To make the most of the situation, many divorced parents commit to cooperate and be flexible in post-divorce child-related issues.

A divorce can be as complicated as the parties choose to make it, and it is becoming more common for newly divorced couples in British Columbia to arrange divorce ceremonies to say their goodbyes and wish each other the best for the future. While these ceremonies have no connection to family laws, the legal navigation of a divorce can be challenging. For that reason, many people seek the support of a lawyer who is experienced in providing guidance through the complicated areas such as child custody, property division and more.

Source: CBC News British Columbia, “January is a popular time to get divorced, therapists say“, Accessed on Jan. 20, 2017

Need a lawyer? Contact us now! 

Family Lawyers in Coquitlam, British Columbia

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

Child custody and relocation — how is it handled?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Wednesday, November 9, 2016.

Working out parenting plans that suit both parents and their children after a divorce can be challenging. If one parent intends to relocate after the divorce, matters can be complicated. Spouses can become ex-spouses, but children can never become ex-children. Regardless of who has child custody, one parent relocating may not compromise parent-child relationships.

Under British Columbia Family Law, any parent who considers relocation must provide written notice 60 days in advance. This document must inform other guardians and people who have contact with the children according to a court order of the plans to relocate. This procedure is mandatory; even it is the non-custodial parent who wants to move.

The court may waive the need for the written notification in certain circumstances. If such information can give rise to abuse or violence or if there is no existing relationship between the children and the parent who will be separated from them, the court may make an exception. Also, if all parties agree, and parenting plans that ensure the preservation of parent-child relationships are in place, written notices may not be necessary.

However, a guardian or parent may file a motion in court to object such a move, and the court will consider various aspects to determine whether the relocation will still protect the best interests of the child. British Columbia parents who need legal advice or representation in a case of one parent wanting to relocate may benefit from consulting with an experienced family law lawyer. Regardless of whether guidance is needed by a parent with child custody who intends to move to a different location, or by a parent or guardian who wants to object to such a move, a skilled lawyer can advocate on behalf of the client.

Source: gov.bc.ca, “What happens if one parent wants to move?“, Accessed on Nov. 9, 2016

Coquitlam Law Firm

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

Child custody matters are emotional but a clear head must prevail

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, September 23, 2016.

In our most recent blog post, we discussed how sperm donations could impact child custody matters. That is only one of the factors that can be a part of child custody decisions. If you are facing a child custody case for any reason, you should know your rights and responsibilities.

Thinking of sperm donors, it is possible that some of them thought that they were protected from child custody and child support matters because they only provided the sperm. If they didn’t take steps to ensure that they wouldn’t be responsible for child support, they might find that they are fighting a child support case. We know that this is the last thing you want if you donated sperm, but it is sometimes what happens.

Even if you did naturally have a child, you might be surprised to find out that child custody and child support can become a part of your life even if you don’t want contact with the child. Of course, the court can give you child custody orders, but you might not want to follow the order. You might not want to get your child. It is unlikely that you would face any legal repercussions because of that; however, you would face legal ramifications if you only decided not to pay the child support you are ordered to pay.

Issues that are related to child custody and support are often emotional issues. We can look at the case without the emotional involvement and give you our opinion of what options you have. We should get this done as early in the case as possible.

Coquitlam BC Lawyers

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

How does sperm donation affect child custody?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, September 16, 2016.

Sperm donation is becoming more and more common for people who want to start a family and are unwilling or unable to do so naturally. For the sperm donors and the people who are inseminating, it is crucial to fully understand the type of donation and insemination that is being done so that they can ensure they are prepared to deal with the legal ramifications of the option.

What types of sperm donation are possible?

Two types of sperm donation are possible — anonymous and known. The sperm recipient doesn’t know the donor in an anonymous donation, and the child could contact the donor when the child turns 18 years old. The sperm recipient knows who the donor is a known donation.

What type of arrangements is possible for sperm donation?

You can choose sperm donation through a licensed fertility clinic or a private donation. If you go through a licensed fertility clinic, the sperm donor doesn’t have any involvement in the child’s life. The donor’s name isn’t on the birth certificate. In a private donation, the sperm donor carries all of the responsibilities of having a child, including the right to be a parent of the child.

In Canada, a child can only have two parents from a legal standpoint. This, however, doesn’t mean that you should skip a co-parenting agreement if the sperm donor has a role in the child’s life. The co-parenting agreement lays out the roles of each person in case there is a disagreement over something in the future. Before you enter into a co-parenting agreement or sperm donation, be sure you understand the relevant points of Canadian law and how they affect you.

Source: Co-Parent Match, “Search for Sperm Donors in Canada NOW!,” accessed Sep. 16, 2016

Coquitlam BC Lawyer

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

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

Judge removes himself from divorce, citing parents’ attitudes

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, July 21, 2016.

A British Columbia family court judge has ruled that one divorced couple needs to move on with a new judge. It seems the parents ended up back in court in 2013 to address the father’s wish to have the parenting time order modified. The order originally granted the mother the bulk of the time, and the father was asking for a more equal time split. However, this quickly went downhill with the parties criticizing the other’s parenting style and using manipulative and bullying tactics to try to get their way.

In the ruling, the judge indicated that he was a “known quantity” and that the progress of the proceedings had largely stalled because of this. In effect, the judge was saying that the situation was so high conflict and the two parties were locked against each other that it may take an entirely new judge to get the parties to pause and reevaluate their positions.

So what you can we learn from this example? The first takeaway is to do your best to make the divorce — and any proceedings that take place after the final decree — as low conflict as possible. Doing so will save both you, your ex and your children a great deal of stress and emotional upheaval.

The second is that sometimes those going through a divorce are too involved in the situation to recognize when things are getting out of control. Having a lawyer help you through the process can be a good way to have an objective third-party ensure you are focusing on resolving issues.

Source: CBC News, “Judge breaks up with couple in high conflict divorce,” Jason Proctor, July 17, 2016

Coquitlam Family Lawyer

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

Court orders in child custody cases can help

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, June 24, 2016.

Child custody matters, which are now known as parenting time and parenting responsibilities, are important matters when parents aren’t in a relationship but still have the child to take care of. In most cases, it is necessary to seek out assistance from the court to keep things working smoothly with the child.

We understand how difficult it is to have to turn to the court for help deciding what is right for your child. There isn’t any reason to dread the process, but it is important that you understand the process and your rights. We can help you with both of those so that you are better prepared for what will happen.

When you think about child custody matters, you have to think about what is best for your child. This isn’t something that should be used to prove a point to your ex or to try to get back at your ex. Instead, you have to put your feelings regarding your ex to the side and focus on what your child needs.

In most cases, it is best for your child to have both parents in his or her life. When we can, we will help you to work out a parenting arrangement that allows this to happen, as long as there aren’t any circumstances that would make a parent unfit. You can let us know what points you feel you are willing to negotiate on.

As your child grows, it might be necessary to revisit the points in the agreement. We can help you with working out modifications to the agreement as things need to be changed.

Coquitlam Divorce Lawyers

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