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A parenting coordinator can help you after a divorce

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Tuesday, May 5, 2015.

You know that part of the reason you’ve gotten a divorce is the likelihood that you’re going to disagree with your ex-spouse. This can be particularly difficult in cases where you have children involved. Even though you are separated from your ex, you still have to work with him or her to co-parent your children.

Co-parenting is needed, because if you don’t speak to one another about activities, day-to-day issues your children are having or unanticipated events, you could end up having a difficult schedule where no one is on the same page.

Parents who struggle to work together as co-parents can participate in a type of mediation known as parenting coordination. With parenting coordination, the coordinator works as a buffer, allowing each parent to discuss issues with him or her. Then, the coordinator works with the parents to come to a solution that works for everyone involved with the least amount of conflict.

A parenting coordinator won’t be able to change your parenting arrangement or create a new one, but he or she could help you and your ex work out any problems you may have when it comes to agreeing on how to raise your children. For example, if you’re meant to have your child on a Wednesday but you and your ex can’t agree on a time that works for both of you, then a coordinator can help you find a solution that allows you to see your child at an appropriate time for everyone involved.

Our website has more information on parenting coordination and how it can help you. Whether you’re having minor disagreements or major problems, a coordinator can usually help.

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

Kids less stressed with shared custody

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

After a divorce, your child has to go through changes since your family structure is being altered. Now, your child may have to travel to see your ex-spouse or you may have sole custody and your ex may only have visitation. While every situation is different, studies have been performed to find out what kind of situation is less harmful to a child’s psychology.

What has been found goes against the idea that splitting time between parents could be stressful due to the travel and fact that the children are constantly in different environments. In fact, children who got to see both parents in a shared custody situation were less stressed than those who saw only one parent in a sole-custody relationship.

Children in typical nuclear families were the least stressed of all, but if that’s not possible, then shared custody can be one way of reducing the stress and anxiety your child has to go through. Consider the reasons behind this; your child has always grown up with two parents, two sides of the family, grandparents, aunts and uncles. If you cut off visitation with one side of the family, your child has suddenly lost half of the support system that has been built up over the years, causing anxiety and other psychosomatic problems.

Girls are most prone to these issues, and the most common problem was sadness. Overall, children who were stressed in these living situations faced sleep problems most commonly. While not all families can adjust to the shared custody situation, this research does back the fact that it can be beneficial overall.

Source: Time, “This Divorce Arrangement Stresses Kids Out Most,” Mandy Oaklander, April. 27, 2015

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

Pension division and disability benefits in British Columbia

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Wednesday, April 8, 2015.

When couples divorce in British Columbia, the former spouse of a person who is receiving a pension may be eligible for a share of that income. In the event that benefits are being paid to the one party because of their disability, special rules apply before a division of that portion will occur.

If an agreement is reached regarding the division of disability benefits, the court will make the agreement a part of its orders. A court may also order the division of disability benefits on its own if no agreement is reached. If the court does not rule on the disability portion of a spouse’s pension, the benefit will be allocated solely to the holder of the pension.

Division of disability benefits in a pension plan will continue until the pension holder spouse passes away or until the disability benefits are terminated according to terms of the plan. The plan member’s eligibility for disability benefits has no effect on how other portions of the pension will be divided by the court.

The division of property may be very complex as well as highly contentious in many divorce cases. When a couple’s property includes different types of holdings, such as retirement and pension accounts, it can be difficult to determine how the assets should be divided. People who have pensions, disability payments and retirement accounts may benefit by seeking the help of a family law lawyer during divorce proceedings. A lawyer may be able to determine whether a client’s benefits are divisible during dissolution of the marriage.

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

Mediation: An effective means of solving family law matters

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Thursday, February 26, 2015.

Mediation has been used by families in British Columbia for several years and has become a preferred means to decide important issues such as property division and child custody. In order for spouses to achieve the best possible outcome from mediation, it is important that both parties act in good faith.

The mediator will function as an impartial person and will work to understand the concerns of both parties. In other words, the mediator will focus not only on what a person wants, but why he or she wants it. With this understanding, the mediator may help both parties find creative solutions that will meet their needs, as well as their children’s needs. If the mediation process is successful, both parties will come away with a legal agreement that they can live with for a long time.

Mediation is a voluntary process, and spouses are free to end mediation and take the case to court. If the parties complete the mediation process, it is a good idea for both parties to have a lawyer review the resulting settlement. This may help to ensure that the interests and rights of the spouses are protected.

Mediation has grown in popularity because it is an effective and efficient means of resolving family law issues. However, mediation does not guarantee that the resulting agreement will be fair. A lawyer may represent an individual during the mediation process to make sure that his or her rights are being protected. To learn more about the mediation process and why it can be an effective tool for creating a divorce agreement, visit our website.

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

How divorce affects a person’s income tax

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorceon Wednesday, February 18, 2015.

Readers who are considering divorce in British Columbia may be wondering how their income tax might be affected once the divorce is finalized. The answer to this question may be complicated, depending on the person’s situation. For example, as part of the division of property, a residential property might be sold. The property could be designated as the primary residence, which would allow the owner to shelter the capital gain generated by the sale from tax.

If a couple owns more than one property, such as a condominium in the city and a cottage in the country, it may be possible to shelter a portion of the capital gain tax on each property by declaring each one a primary residence for a portion of the total time that the couple owned the properties. This protection from taxation is due to the principal residence exemption provided in the tax code. However, a homeowner or family unit can only designate one property per year as a principle residence.

If a divorce occurs, any tax-shielding years claimed by the couple will still apply to the individuals. For example, a family that owns two properties for 10 years and sells one may apply the exemption to that property. If they divorce, one party may take possession of the second property. If that person chooses to sell that property after five years using the exemption, they will still be required to pay taxes for the other ten years that the property was owned before the divorce because those years were claimed previously.

Individuals who own multiple properties, stock portfolios, retirement accounts and other assets may face difficulties in assessing, valuing and dividing their complex estates. A lawyer with a background in high-asset divorce may have in-depth knowledge regarding the complexities of this type of property division. Throughout the divorce process, a lawyer may work to protect an individual’s interests and ensure that the finalized divorce agreement is equitable and fair.

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

When is it OK to deny a non-custodial parent parenting time?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, January 23, 2015.

In certain situations, British Columbia parents may feel it is appropriate to deny parenting time to their child’s non-custodial parent despite the arrangements set forth in their divorce decree. While it may seem like they might incur punishment for withholding visitation or parenting time from the other parent, the court might, depending on the circumstances, find that a denial of parenting time was not wrongful. These exemplary circumstances are all related to the best interests of the children involved.

Guardians have a responsibility to protect their children from any harm they may suffer as a result of family violence or negligence resulting from alcohol or drug use. They may, therefore, deny parenting time to a parent whom they reasonably believe will be violent toward the child or whom they suspect has been drinking alcohol or using drugs at the time that parenting time was scheduled.

Parents who frequently fail within a 12-month period to exercise their parenting time without notice to the guardian may lose their rights to have contact with their children. In addition, parents may lose their right to parenting time if they frequently give notice that they do not intend to exercise their scheduled parenting time but then intend to exercise it without providing sufficient notice to the guardian that they changed their mind.

It is sometimes inappropriate for a scheduled parenting time to occur, such as in instances where a child is sick and needs rest to recover. Guardians who obtain a note from a doctor, nurse practitioner or other qualified medical professional may deny parenting time if the note indicates that it should not occur because of the child’s illness.

Though judges may find that parenting time was not wrongfully denied, they may decide that compensatory parenting time is appropriate. If recurring situations call for a modification to the original custody or visitation order, a family law attorney could advocate for a custodial parent seeking more custody or a non-custodial parent seeking more visitation, depending on the circumstances of the case.

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

Separation agreements in British Columbia

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

When you are going through a separation from your spouse, you must necessarily address many issues. You will need to decide how you will divide your property and whether either you or your spouse may require financial support in order to be able to survive. You may have children, and their custody and support may also be at issue. Finally, you and your spouse may have debts and you may need to decide which of you will be responsible for paying them.

Divorces can be contentious and highly emotional. It is still possible, however, for some couples to reach agreements regarding how all of their important issues will be handled. If you are able to reach an agreement with your spouse regarding all outstanding issues, you may file your agreement with the court, and it will become a court order in your divorce.

In some cases, an agreement is only reachable through negotiation or mediation. In others, an agreement may not be reached and the court will make the decisions for the parties. Most people like you, however, wish to resolve the issues left from their relationships in order to move forward, and it is often possible to do so without judicial intervention.

Our lawyers and mediators are practiced in negotiation. We represent clients in securing separation agreements that are reasonable and fair, while protecting our clients’ interests. Our mediators operate as neutral facilitators, helping parties reach agreements that are beneficial to both in order to avoid expensive and emotional litigation. We understand that most people would rather have some control over the decisions affecting their lives rather than leaving it up to a judge. We have gathered helpful information for people who are separating on our separation agreementspage.

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

Avoiding court through family mediation

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Wednesday, January 7, 2015.

Canada’s Family Law Act that became effective in March 2013 may provide a greater ability for family disputes to remain out of the courtroom. The law provides for out-of-court action through mediation to resolve family disputes associated with divorce proceedings. Although a decision to go to mediation might be mutual, in some venues, one party can force mediation by serving notice on another.

As mediation is explored, projects are underway to promote this method of resolving differences. For example, the Legal Services Society has piloted a mediation referral project. This may benefit low-income individuals who might not be eligible for legal aid, allowing them to obtain services related to mediation. The provision of six hours of mediation assistance may be subsidized with additional services at low costs if the six-hour period is insufficient to resolve all disputes. Costs for additional services are to be computed based on a party’s assets and income.

Leaders indicate their appreciation of this method because it involves families in formulating solutions and resolving their own disputes. Additionally, the costs are much lower than those associated with going to trial. Mediation is estimated to cost less than $2,000 total, shared among all parties, whereas a family case can cost nearly $15,000 per party. Leaders express hope that the process will spread to outlying communities, but there are obstacles in finding resources and qualified professionals to provide these services. Statistics for 2013 note that all issues were resolved in approximately 80 percent of cases.

An individual dealing with a divorce may find that mediation is an affordable option for addressing child custody, spousal support and property division. Legal assistance might be helpful during such proceedings to ensure that implications of various decisions are thoroughly understood before a final agreement is made.

Source: Vancouver Sun, “Ian Mulgrew: Family mediation keeps divorce out of the courtroom “, Ian Mulgrew, January 01, 2015

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

A look at relocation issues for parents after a divorce

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, December 18, 2014.

British Columbia residents may be interested in some of the considerations that courts make when deciding whether one parent can relocate with a child, away from the other parent. Competing judicial interests make these relocation decisions difficult to predict.

When parents divorce, there are often issues with both parents trying to maintain a relationship with children after the split. If the child lives with one parent, visitation rights are important in keeping that close parenting relationship with the non-custodial parent. However, if the custodial parent wishes to relocate, this can require the approval of the courts. Though courts attempt to decide these issues based on what is in the best interests of the child, sometimes predicting the outcome can be difficult.

This is because there are so many variables when it comes to relocation decision making. Judges and jurisdictions each have their own views on how to resolve relocation issues, and the particular facts of each case can be a decisive factor. One seminal Supreme Court decision, however, holds some guidance. The court used seven factors in deciding a relocation case. Some of these factors include the existing custody and access agreement between the parents and child, the child’s views on the relocation and the importance of keeping the child together with the non-custodial parent. The judicial system must balance somewhere between the need for a child to keep a relationship with both parents and the ability for one parent to move freely to seek a better life.

Understanding the law regarding living arrangements and other child custody issues can be difficult without the help of a family lawyer. The lawyer may be able to counsel a parent on the best course of action with regard to relocation, visitation rights and parenting time.

Source: The Canadian Bar Association, “Breaking away”, Pablo Fuchs, December 16, 2014

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

Is an uncontested divorce right for me?

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Thursday, November 13, 2014.

Some British Columbia residents might not be aware that an uncontested divorce is more easily resolved than a contested divorce. The reason being that the spouses in an uncontested divorce essentially agree to the terms of a settlement without the intervention of a court.

Also called an undefended divorce, an uncontested divorce requires that both spouses are, for the most part, in agreement about the major matters that need to be resolved when a marriage is dissolved. These include asset division, spousal support and child support.

In an uncontested divorce, spouses must agree on nearly every aspect of the divorce as well as on the divorce itself, meaning that one partner cannot hold reservations about going through with the dissolution. Yet, an uncontested divorce is not necessarily synonymous with an easy divorce. For, the divorce-related matters still require settling.

For instance, divorcing couples must decide on how they will divide their debts between themselves. Parenting agreements must also be made, especially with regard to custody, visitation and financial support.

All divorces, including the uncontested type, demand a significant degree of planning. For example, there are residency requirements that must be met. To file for divorce in British Columbia, it is required that at least one spouse has lived in the area for a minimum of one year. If there are disputes about assets, liabilities, child care or any other significant issue, an uncontested divorce may not be possible.

Regardless of how simple a divorce may appear to be, there is no guarantee that it will be easy. For this reason, spouses considering a divorce often rely on the counsel and representation of a divorce lawyer, who may help individual spouses obtain fair and even favorable settlements.

Source: Family Law in British Columbia, “How to do your own undefended (uncontested) divorce“, November 11, 2014

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