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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

Can I pay child support direct to my children?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, June 29, 2016.

It’s a question many noncustodial parents have. They balk at having to give their exes money every month and wonder if it’s being spent on the children’s needs. However, in the vast majority of situations, the answer is no. You cannot pay child support directly to your child, and here’s why.

The first issue is that most parents only have to pay child support until the child is an adult or has graduated from high school. A parent paying child support directly to a minor child is likely to end up with the money being spent on wants and wishes instead of going to the paying parent’s share of the financial costs of raising the child.

However, even in cases where a support order is still in place after the child has reached 18 — which sometimes happens if the paying parent is significantly in arrears — payments cannot be made directly to the child without the other parent’s consent. This is because the courts do not believe that the paying parent should necessarily get to control how the payments are made or how the money is spent.

There is also a concern that allowing this would make it easier for some parents to use the money as a way to exert undue control and influence over the child. Even if the other parent does agree, the courts may still question whether the child has the experience and maturity to handle the money appropriately or whether the money would have negative consequences on things like financial aid for college.

Source: FindLaw, “Can child support go directly to the kids?” Steve Morales, accessed June 29, 2016

Coquitlam Divorce Lawyer

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

How is excluded property defined in the Family Relations Act?

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Monday, December 14, 2015.

In a divorce in British Columbia, it is important to determine what the court will consider excluded property in terms of property division. The Family Relations Act of British Columbia defines excluded property as it pertains to property division. Because one or more of these definitions might affect whether you are granted ownership of certain property during your divorce or whether your ex-spouse gets to keep it, it’s important to understand how the court will view it.

  • The following types of property are not considered family property:
  • A spouse’s inheritance
  • Property a person acquired before beginning a relationship with his or her spouse An award or settlement of damages for injury or loss that was awarded as compensation to a spouse. However, if the award or settlement is for compensation for a spouse’s lost income or losses suffered by both spouses, then it is considered family property.
  • Beneficial interest in property belonging to one spouse that is held in a discretionary trust. However, if the other spouse contributed or another person besides the spouse settled it, then it is considered family property.

These are just a few examples of excluded property. If a spouse claims to the court that some property is excluded property, it is up to him or her to prove to the court that the respective property is actually excluded property.

As you can see, the division of property in a divorce can be complex, especially if there are substantial assets involved. The best way to decide if the specific property will qualify as an excluded property is a lawyer make a determination.

Coquitlam Real Estate Lawyer

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

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

Marriage contract: Why do I need a lawyer?

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Friday, July 24, 2015.

A marriage contract can help make the property division aspect of a divorce quicker and easier, but it needs to be done correctly for you to get the full benefits. A marriage contract lets the two parties decide how they will divide their assets and deal with other financial matters in the event of a divorce.

Since drafting and signing a marriage contract usually comes into discussion well before either party is considering a separation, it’s common for couples to think that they don’t need to consult a lawyer. However, a lawyer can help in both the development of the marriage contract and the execution, if needed, later on.

For a marriage contract to be valid, it’s very important that the terms follow the guidelines of the law and do not include anything illegal or what the courts might deem as superfluous. In these situations, the court may find that the marriage contract is not legally valid and set the entire contract aside. Talking with a lawyer as you draft the marriage contract and decide what to include can help ensure that you don’t mistakenly include something you shouldn’t, which could cause problems down the road.

A lawyer can also talk with you about your particular needs and situation and help you ensure that the marriage contract protects your interests and rights. It’s common for a marriage contract to have to go through a few rounds of revisions as the particulars are ironed out. In most cases, it is best for both parties to have separate legal counsel review the proposed marriage contract before signing.

Source: FindLaw, “Marriage contracts,” accessed July 24, 2015

Coquitlam Real Estate Lawyer

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