Mediation can be an excellent way to expedite the divorce process and make it less stressful for everyone involved. Even after the divorce is finalized, mediation can help you and your ex-avoids the courts when you want to make changes to the custody or parenting schedule. However, mediation only works when both people attend, and if your ex-doesn’t want to, you may wonder if there’s anything you can do.

In many cases, the answer will be no. If your ex-doesn’t want to participate in mediation, your only option may be to go through a trial in the family courts. However, it may be worth talking to your ex and trying to explain how mediation may benefit them. It’s less costly and quicker than a full trial, for example.

If this doesn’t work, there is one situation in which a party may be compelled by the courts to participate in mediation: if you have started a case with the Supreme Court. In these circumstances, you can have your lawyer serve your ex with a Notice to Mediate.

As long as you serve the paperwork in the proper time frame, your ex will be compelled to comply unless there has already been an attempt at mediation, there is a protection order in play, the mediator doesn’t believe mediation will be helpful, or the court rules that your ex is exempt from participating.

If you think mediation may help you and your ex-resolve your differences, the first step is to talk to a family lawyer. After that, you will be better informed and prepared to move forward.

Source: Legal Services Society, “Mediation,” accessed July 13, 2016

Divorce Lawyer Coquitlam

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

While many couples going through a divorce disagree on matters of child custody and parenting time, a new type of custody case has been coming before the courts more and more: pet custody. If you or your soon-to-be ex-adopted pets during your relationship, it can be tough to decide who gets to keep which animals. However, it’s important to understand that the courts are very limited in what they can order when it comes to pet custody and visitation.

In most cases, pets are considered part of the marital property, which means the regular property division guidelines apply and they are not subject to things like custody and access. Like with other assets, the judge will be able to grant one party ownership of the pets and order that party to pay the other half of the pet’s value, but that’s all.

There have been some cases in the past, however, where a judge did give a specific order involving a pet custody case, so it is possible. It may be better, though, to try to work out an arrangement that is agreeable to both parties and then talk to a lawyer to see if it can be made part of the official divorce settlement.

As a last note, it’s important to understand that much of this only works in official property division settlements subject to a legal marriage and divorce. If you are not married to your partner or are unsure if the property division guidelines apply, it may be best to talk with a lawyer before moving forward.

Source: FindLaw, “Who gets custody of the family pet when a couple separates or divorces?,” Miriam Yosowich, accessed June 06, 2016

Real Estate Lawyer Coquitlam

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

Those who have made some mistakes in the past often worry whether criminal convictions or even charges may be held against them in a custody case. The short answer to this question is maybe, but it really depends on the nature of the charges, what happened in the criminal courts and when the offenses occurred.

For example, convictions related to family violence, assault, or drug or alcohol-related offenses may impact your chances of being named a guardian by the British Columbia family courts. It’s important to note that the Family Law Act means that parents are not automatically considered guardians by the courts. This is most applicable to a situation where the parents were never married and the child has been living with one parent.

In these cases, the nonresidential parent will need to show that being named a guardian is in the best interests of the children. If the parent is a guardian, they will have parental rights and responsibilities. If not, they will usually be limited to “contact time” specified by the courts.

Your ex can and may bring up your criminal record or pasts arrests in an attempt to show that you should not be granted custody. However, this doesn’t mean that you are without options. If the convictions are not related to family violence or other violent offenses and there is no danger to the children in your care, you may have a good case to present to the courts. It’s important to talk with a lawyer and be completely open and honest about anything in your past that may come up.

Source: The Continuing Legal Education Society of British Columbia, “An Overview of the Intersect between the Family Law Act, Criminal Code and the Ministry of Children and Family Development,” accessed May 24, 2016

Lawyer Coquitlam

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

When you begin going through divorce proceedings — or just a custody battle in the case of unmarried parents — you begin questioning everything you do and day and wonder if and how it may affect your case. And rightly so. When you are involved in family court proceedings, everything is under scrutiny. With technology increasingly becoming a part of our daily lives, it’s easy to post something that could be used against you in court without even realizing.

The two main areas where a party’s social media posts can be problematic in the courts are when it comes to finances and child custody. Unfortunately, it’s quite common for people to try to lie about their incomes or attempt to hide assets. Maybe you know how much money your ex-makes a year, but he never told you about last year’s Christmas bonus. Social media posts that show a lifestyle inconsistent with the financial declaration in the case or that mention additional, unreported funds or assets can mean big problems.

Social media can also have a major effect on child custody cases. When you are involved in a custody battle, everything is fair game, from the pile of dirty dishes in your sink to who you went out on Friday night. Photos are especially easy for a lawyer to spin to their client’s best interests in a courtroom. When in doubt, don’t post it.

If you think you have posted on your social media accounts that could be used against you in court proceedings, it’s important, to be honest about it to your lawyer. Your legal team needs a full understanding of the situation to best represent you.

Source: The Huffington Post, “How Facebook Can Be Used Against You in Divorce Court,” Christine Marchetti, accessed April 14, 2016

Law Firms Coquitlam BC

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

In the past, single parents residing in British Columbia faced issues if they were both receiving child support payments and government assistance. That’s because officials were deducting the amount the parent was receiving in child support from what they would have received through government assistance. For instance, if a parent qualified for $125 a month in government assistance but was also getting $50 a month in child support, the government assistance would automatically be reduced to $75 a month.

Many claimed that this unfairly penalized low-income single parents, and it appears that the government finally agreed. The budget released on November 10 showed that the so-called “child support clawback” would be discontinued. Once the changes are implemented, single parents on assistance will get any child support payments made to them as well as the full amount of assistance they are entitled to through the government programs.

According to reports, the changes are set to positively affect over 3,000 families and around 5,400 children in the province. While critics are quick to point out that the changes are expected to cost the government an estimated $13 million a year, many supporters say it is stepping in the right direction.

Any time there is a change in government policy or procedure as it relates to child support or any other issue, it’s normal to be confused and want to be clear about how this will affect your situation. Talking with a lawyer can help you be better prepared to deal with any changes that may affect you and help you get more information so you can move forward with confidence.

Source: Global News, “B.C. ends child-support clawback for poor parents,” James Keller, accessed Nov. 20, 2015

Divorce Lawyer Coquitlam

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