Tag Archive for: coquitlam bc law firms

You are here: Home / coquitlam bc law firms

Posts

How is child custody determined in British Columbia?

/in , /by

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

One of the most important things that happen during a divorce between people who have children is the child custody order. Child custody is one issue that can cause great strife between parents. Learning about some basic points of child custody can help you to know what to expect. It can also help you to make decisions during the child custody determination process.

What is the difference between access and custody?

Access is granted to the parent who doesn’t have custody of the children. Custody is either sole, joint or split. This term means who the child will live with. If a parent has sole custody, that parent’s home is where the child lives most of the time. The other parent would usually have access to the child, which means the right to visit the child and ask about the child.

How is child custody determined?

When parents can agree about what will happen with the children, they can often come up with a parenting plan on their own. In this case, the agreement would be what governs the child custody issues. If the parents are unable to come to an agreement about the child, the court will have to step in to decide on a custody order. The court will consider all factors presented to it before deciding what is in the child’s best interests.

If you are in the midst of a child custody battle, you should understand your rights. You should also work to understand how the law pertains to your case. All of this is crucial so that you can make decisions whenever necessary.

Source: FindLaw Canada, “How is child custody determined?,” accessed March 18, 2016

Coquitlam BC Divorce Lawyer

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

Interim division of property prior to a final divorce order

/in , /by

On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Thursday, February 12, 2015.

When a couple in British Columbia chooses to divorce, both parties are considered responsible for martial liabilities and entitled to marital assets, according to provincial statutes. Prior to the finalization of a divorce order, each spouse is entitled to apply to the courts for an order for an interim distribution of marital, or family, property. If granted, the order can provide funds to pay for legal proceedings, dispute resolution or to obtain evidence or information in support of an application to a court or dispute resolution.

In addition, the court may make an order that grants a spouse use or possession of the specific personal property, which is stored at the family residence, or exclusive occupation of the family residence. Such an order will be granted for a specific time and can apply to either leased or owned property. A spouse is not permitted to make significant alterations to the property during that interim period. Additionally, the court may order the postponement of any planned sale or partition of the property while the interim order is in effect.

An interim order can help provide financial stability for a spouse until the divorce agreement is finalized. A lawyer with a background in divorce cases can explain how an interim division of property order may be obtained and could help with the application process. Once the order is put into place, the spouse can move on with the divorce process.

A lawyer may also help negotiate a fair divorce agreement that is in the best interest of the spouse and his or her children. Once an agreement has been reached, it might be subject to approval by a judge. In most cases, judges will support an agreement as long as both parties are in favor of it.

Coquitlam BC Real Estate Lawyers

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