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What do you do if you are denied parenting time by your ex?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, April 16, 2015.

When you decide on a parenting agreement with your ex or have had one determined by a judge, you may think that everything should go well from there on out. Unfortunately, sometimes parents don’t stick to the agreement because of complaints about contact or parenting time allowances. If this has happened to you, do you know what to do to enforce your parenting time? There are a few things you can do to protect your rights as well as those of your children.

If you’ve been denied access to your children, you’re in a position where you can take the children’s mother or father to court over the denial of your parenting time. This time is allowed by law, so in most cases, denying you access to your children is illegal.

There are, of course, a few times when it’s acceptable to deny you access to your children, like if abuse is suspected or if you were intoxicated at the time of your scheduled parenting time. Other than those reasons, there are few that will stand up in court. Each case is handled individually, but unless extreme reasons are shown, simply refusing to grant parenting time due to personal issues won’t be allowed.

What can be done for you? A judge may be able to help you set up a time when you can make up the lost time with your children. If the other party is still trying to withhold your children from you, then you both may be required to attend family dispute resolution to work out your problems. The other party may have to pay you for any expenses you had due to the denial of time with your children, and he or she will need to pay a fine in many cases.

Source: JusticeBC, “What can I do if the other parent doesn’t follow the agreement or order about parenting time or contact?,” accessed April. 16, 2015

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

Relocation with children

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, January 2, 2015.

In British Columbia, circumstances occasionally change following a couple receiving a court order governing the visitation rights of a noncustodial parent. When the circumstantial change involves the residential custodian’s need to move far away, the law mandates that the other parent be notified unless an exception applies to the requirement.

The parent who wishes to relocate must provide notice in writing to the other parent at least 60 days in advance of the planned move. The notice must include the proposed place and the date of the proposed move. In the event that providing notice would endanger the applicant through domestic violence, he or she may apply to the court for an exemption to the notice requirement. An exemption to notice may also be obtained by application if the other parent has been absent and has had no ongoing relationship with the child.

After receiving written notice, the other parent may file an objection to the proposed move. If he or she does not file an objection, the custodial parent may move with the child as planned. If an objection to the move is filed, both parents may present evidence to the court concerning the proposed move and the child’s best interests. The court will then rule whether or not the proposed move will be allowed.

As relocating with a child will most likely have a significant impact on the other parent’s parenting time, the court, when granting the child’s residential custodian permission to move with the child, will often issue concomitant orders modifying the parenting time orders to provide for continued contact after the move has occurred. It is possible to negotiate an agreement regarding a proposed relocation and parenting time changes with the other parent in some cases. A lawyer who practices family law may be able to help.

Source: Queen’s Printer, BC, “Division 6 — Relocation“, December 30, 2014

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

Can a non-parent gain custody of a child?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, October 17, 2014.

Ontario families are diverse, and as such, guardians come in many forms. Parents are not the only people who care for children, and in many cases, non-traditional families may want to add official legal status to their relationships. Fortunately, there are numerous ways to gain custody, which would give a person the ability to make decisions about health care, education and other vital aspects of a minor’s life.

Under the provisions of the Family Law Act, individuals who are not already guardians must submit formal applications to gain such status. These applications include court-mandated affidavits that incorporate criminal background and general records checks. If the children have been under the applicant’s care previously, courts may additionally require information about their living arrangements and other considerations. The court determines how evidence will be received and what kinds of reports are needed to accurately assess the child’s welfare.

Guardianship may also be assumed by appointment upon the death or incapacitation of a previous legal guardian; this status is generally conferred via a will or the Family Law Act Regulation’s Form 2. It is important to note, however, that in such cases, the new guardian will not be given more responsibilities than the previous one had the right to grant.

Although the Family Law Act makes provisions for many forms of guardianship transfer, each situation is unique. The rules one family has to follow may be markedly different from those another is bound by, especially when child custody changes follow potentially hectic events, like divorces, domestic abuse allegations or deaths. Many families choose to obtain case-specific guidance from legal advisers so they can avoid mistakes and pursue a favourable outcome.

Source: The Canadian Bar Association, “How are parental responsibilities and parenting time decided?”, October 16, 2014

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

Examining the types of child custody in British Columbia

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, September 16, 2014.

British Columbia parents may be interested in an article discussing the types of child custody available through the court system. Knowledge of these different arrangements may be useful when negotiating a custody agreement with a former spouse.

Under the federal Divorce Act, when a couple who has a child together divorces, they will apply for custody of that child during the divorce process. The term custody refers to the right to spend time with a child and the right to take part in the major decisions in a child’s life. There are three major types of custody. The first is sole custody, which allows only one of the child’s parents to make important parenting decisions. The child generally lives with that parent most of the time as well.

Another type of custody is known as joint custody. Joint custody involves both of the parents in the major decision-making and parenting time to varying degrees. The amount of parenting time does not have to be equal in these arrangements. Decisions about the child’s upbringing, however, generally require the consent of both parents. When each parent spends at least 40 percent of the time responsible for the child, this is known as shared custody. Lastly, split custody is a situation where there is more than one child, and some live with one parent while others live with the second parent.

Decisions regarding child custody and living arrangements are either made through agreement by the parents or by a court. The court seeks to serve the best interests of the child. A lawyer may be able to help throughout the child custody process, either by negotiating an agreement on behalf of one parent or representing them in front of a judge.

Source: Family Law in British Columbia, “Custody“, September 15, 2014

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

BC mother not required to relocate after appeal

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Wednesday, August 20, 2014.

After a British Columbia Supreme Court ruled that an Okanagan mother would have custody of her child but be required to move to Chetwynd, she has now had the ruling reversed by the British Columbia Court of Appeal. She will no longer be required to change her living arrangements in order for the girl’s father, who lives in Chetwynd, to have access to their daughter.

In the previous case, the British Columbia Supreme Court had decided that the father would have easier access to the child if the woman returned to Chetwynd, where she lived during the pair’s brief marriage. The judge also noted that both parents would have higher earnings if they both worked there. The mother had an income of $69,000 as a math teacher when she lived in Chetwynd; however, her income decreased sharply to $40,000 when she moved to the Okanagan. The father works as a mine electrician and earns $95,000 a year.

The mother argued that the judge should not be able to order her to relocate after awarding her custody. The Court of Appeal agreed with her argument, saying that even though a court can prevent a parent from relocating with a child, it cannot require that an individual be “indentured” to a certain community. Additionally, the appellate court ruled that the father can still have parenting time with his two-year-old daughter for five consecutive nights because he has a 14-day rest period from work each month, but he will be responsible for paying for his travel to see his daughter and will not be allowed to remove her from the area to Chetwynd.

This case shows that even after a court ruling determining custody and child access, there may be hope for appealing the ruling to potentially obtain a less limiting result. A family law lawyer may help a parent in a situation like this to prepare an appeal and demonstrate that relocation could cause certain hardships for one or both parents.

Source: Times Colonist, “B.C. Court of Appeal overturns divorce ruling that forced mother to move “, Kim Pemberton, August 14, 2014

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

Family Law Act aims for cooperative approach to parenting

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Monday, August 11, 2014.

In March 2013, British Columbia passed the Family Law Act. This law focuses on the child’s best interests and the responsibilities of both parents toward the children after a divorce. One of the ideas behind the Family Law Act is that changing the language used to talk about parenting after a divorce may change the parenting approach.Divorce in Canada is governed by federal law, and the Divorce Act uses words like custody and access. The provincial Family Law Act governs parentingarrangements and has eliminated the use of these terms. Instead, it uses words like guardianship and contact and refers to parenting time and parental responsibilities. The aim is to eliminate the idea of one parent winning over the other.The change in language also reflects an increased respect for and acknowledgement of each parent’s role in raising the child whether or not that parent is the primary guardian. The Family Law Act also emphasizes working to keep parenting arrangements out of court and using professionals in dispute resolution to settle differences. This push toward cooperative parenting does not mean that individuals should not work with lawyers when they are negotiating parenting time. In fact, working with an attorney may be a good idea because it might ensure better negotiations. Sometimes, an emotional situation benefits from the involvement of a disinterested third party. Using the Family Law Act, parents and their attorneys might negotiate an agreement that does not result in 50/50 parenting time but is in everyone’s best interest. For example, if one parent travels a great deal for work, the parenting arrangement might be negotiated to deal with that. The child would spend more time with the parent who is home more with flexible arrangements to accommodate the schedule of the other parent.Source: JusticeBC, “Parenting Apart“, August 07, 2014

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

Study shows children benefit from equal parenting time

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, March 21, 2014.

A 2013 study with implications for parents in British Columbia and across Canada found that children of divorced parents have the best outcome when they can spend equal time with both parents. The study shows that shared parenting usually works to minimize abuse and contention between parents even when the parents disagree. A parent who has minimal time with a child generally seems to have reduced input into a child’s life. Even a Supreme Court judge referred to the parent with less time as an ‘interested bystander.”

Even when the courts order shared parenting, one parent will usually spend minimal time with a child. A parent who does not have equal access to the child could struggle to obtain even simple information, such as what is happening with the child’s education, address or health. The parent with primary custody could make decisions about the child without the second parent’s perspective. Parenting provisions might not always be administered properly.

Generally, courts enforce a standard visitation schedule that gives a non-custodial parent time with the child only four to six days per month. The child’s needs are usually not considered, and custody is often routinely ordered to one parent, usually the mother. One benefit to joint custody is that parents are free to work out better scheduling options, even if they are not equal parenting schedules. Some parents are backing a new bill in Parliament in order to encourage shared parenting practices.

When a marriage between parents ends, what to do about child custody and parenting time can be one of the most challenging issues to resolve. A family lawyer might be able to work out a schedule that favors a fair distribution of custody time so that both parents can have an adequate amount of time with their child.

Source: The Toronto Star, “Bill favoring ‘equal time’ for parents in divorce deserves support“, Glenn Cheriton, March 19, 2014

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