Archive for year: 2015

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What are the best interests of the child?

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

You’ll hear it a lot in child custody cases in British Columbia: The court wants to rule with the best interests of the child in mind. But what does this really mean? What are the child’s best interests and how are they determined?

This is a very general term. Essentially, the court has to look at the means, needs, conditions and circumstances that the child finds himself or herself in. The court then tries to find the living situation that gives the child the very best situation, where needs can be met and living conditions are highest.

Again, this is fairly vague, but that’s just because every situation is so different. A few things that are considered include:

— The relationship that the child has with both the mother and father on their own.– What the child wants—if he or she has a preference regarding the custody agreement.– The child’s emotional needs and well being.– The ability of the parents to provide care, taking into account their schedules, physical abilities, health, mental states and more.– Whether or not there are other children; the court usually tries to keep kids together.– The income levels of both parents; this isn’t a deal breaker, but a gainfully employed parent may be able to provide better housing, food, clothing and other support than someone with no job.

The court does try to keep both parents involved in most cases, but the child’s best interests are always one of the most important pieces of the puzzle. If you’re going through a divorce, make sure you know how this legal process works.

Source: FindLaw, “Child custody — FAQ,” accessed Oct. 23, 2015

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

How to work out a separation agreement

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Friday, October 16, 2015.

When a couple decides to go their separate ways, it leads to a variety of emotions. It’s very common for these emotions to spill over into the legal aspect of the separation process. When this happens, couples tend to get locked into legal battles over custody, parenting time and how to divide their assets. An alternative to this is to turn the adversarial divorce process into a collaborative project and work out a separation agreement with your spouse.

The process of drawing up a separation agreement entails working with your ex-partner to decide the common issues of divorce, including property division. While putting emotions aside and working to look at your situation as objectively as possible is important for the separation agreement process, it’s also important to protect your own rights and interests. During the separation agreement process, you should still have your own legal representation to ensure that you fully understand the terms of the agreement.

It’s also possible that the process of trying to get a separation agreement is not successful. In these circumstances, it’s important to have someone protecting your interests who are already familiar with your case and the aspects that are causing issues.

While many people first thinking about a divorce or going through the beginning steps may think that finding common ground with a soon-to-be ex-spouse is just about impossible, a lawyer who works in family law can help. At Laughlin & Company, we see the common issues that come up in the divorce and separation process on a regular basis and can help you understand how to navigate these often complicated challenges and work out a separation agreement.

Real Estate Lawyers Coquitlam

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

Introducing a stepparent: How can I ease the transition?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, October 8, 2015.

While every family is different, the dynamics that come along with stepparents and blended families are particularly complicated. As a stepparent, it can be difficult to figure out exactly what your role is and how to keep your family on solid ground as your partner’s children go between houses.

One of the best things to do if you are new to the stepparent game is to give the children time. It’s tempting to come in and attempt to immediately bring two families together, but just because you are living under the same roof or are married does not mean there won’t be issues. Working out the dynamics of a blended family can take years, and generally, the older the children are, the more time it takes.

A better strategy is to focus on the positive aspect of your relationship with your stepchildren and make sure to always support the biological parents. It’s easy to let your feelings about your partner’s ex influence the way you talk and behave around the children, but it’s important to be sensitive to their needs and the fact that the other parent is a very important part of their lives.

One thing that is important to understand is that, as a stepparent, you have no legal rights to your partner’s children and cannot go against the wishes of the legal parents. You also do not have the same rights as a noncustodial parent as far as petitioning the courts for changes in child support or custody. If you believe that something needs to be formally handled through the courts, your partner will need to discuss the situation with a lawyer to determine the best steps moving forward.

Source: Parents Magazine, “Parenting your partner’s child: you’re the new kid on the block,”

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

Important considerations when changing your name

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Thursday, October 1, 2015.

Changing your name when you get married is common tradition for women, but more and more men are also deciding to change their name, either taking on a hyphenated version of both last names or sometimes even taking their partner’s name. If you are changing your name after a marriage, you can do this right away without any legal steps, but this has pros and cons. If you get a divorce later on, you will not have to go through any legal steps to return to your former last name, but you will also have to continue to use your prior name on all government documents.

If you decide to change your name legally on all of your government documents, such as a driver’s license and passport, you will need to complete the Election to Change Surname after the marriage. You will need your marriage license or the Joint Declaration of Conjugal Relationship form if you are cohabitating with your partnerbut not married.

Just like with marriage, you can begin using your desired name as soon after your divorce as you wish or you can choose to legally return to your former last name. If you choose the latter, you will need to complete the Election to Resume Former Surname form and provide a copy of your divorce decree, your birth certificate and the change of name certificate from the previous change. There is also a $25 fee, as of 2015, to complete the name change.

If you have questions about whether you should change your name after a divorce, how to fill out the paperwork or where to send your materials, a lawyer can help.

Source: FindLaw, “Changing your name upon marriage,” accessed Oct. 01, 2015

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

Ben Affleck and Jennifer Garner attend divorce counseling

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Thursday, September 24, 2015.

Ben Affleck and Jennifer Garner are one of many celebrity couples to announce they are going their separate ways this summer. The couple has made headlines for their continuing commitment to co-parenting their children and have even gone so far as to take the children on joint outings as a family.

The couple was recently photographed coming out of a counselling centre, and this led to some media speculation that they were attempting to reconcile. However, reports later surfaced that the parents made a decision to attend counseling through their divorce process to help smooth the transition for the children and work on keeping their personal issues out of their parenting relationship.

While it may initially seem odd to go to counseling with your ex after the decision to divorce has been made, it can be helpful in many ways. Divorce brings up many issues, and no matter how prepared you think you are to deal with your ex as a coparent and keep your relationship civil, it’s very common for situations to get contentious as the parties move forward with their lives, establishing separate residences, executing the visitation schedule and even dating other people.

Keeping the lines of communication open with your ex is crucial to keeping a divorce centered on the two most important aspects: property division and the best interests of any children involved. Attending counseling as a couple or as a family if the children are not too young can help give everyone a safe space to express their feelings and work through budding issues before they become legal battles.

Source: International Business Times, “Ben Affleck-Jennifer Garner Visit Marriage Counseling Center To Make Divorce ‘As Easy As Possible’,” Minyvonne Burke, Sep. 04, 2015

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

Child support and changing needs

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Tuesday, September 15, 2015.

Having children is expensive, and it can seem as if the cost of raising children only increases as they get older. The list of needs and wants expands to include more expensive items. Add in supplies and fees for sports and other extracurricular activities, and it can seem as if all of your money is spent before it arrives in your bank account. While determining child support is rarely a pleasant process between the two parties, determining if the child support amount needs to be modified can lead to more contention.

It’s important to understand that like anything else involving the children, child support orders are not set in stone. The family courts understand that the needs of the children change as they get older and what may have been appropriate at the time of the divorce may no longer fit years later.

Custodial parents may be worried about asking for a child support review because of fear of upsetting their ex-spouse and creating tension. This may be especially true in cases where the couple is fairly civil and is able to communicate appropriately most of the time. These parents may wonder if it’s really worth it to risk upsetting the other parent by pursuing a review of the child support order.

It’s also normal for noncustodial parents to feel like they are already paying more than their fair share in child support and to balk at any review requests. However, it is important for both parties to remember that child support is to further the best interests of the children. If the family situation has changed, a child support review may be the appropriate choice, and an attorney can help you understand what all is involved.

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

Can I move out of the area with my child in a custody case?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Sunday, September 6, 2015.

When you have a child with someone else and you aren’t a couple, you have to deal with a variety of child custody issues. One of these issues has to do with moving away. If you are the custodial parent of the child, you have some specific responsibilities that must be met prior to the move.

Do I have to let my child’s other parent know about the move?

You have to inform the other parent about the move if you have a written court order regarding the child. This notice must be given at least 60 days prior to the move. It should include information about where you are planning to move.

Can the other parent block the move?

It is possible for the other parent to block the move if the court agrees with the other parent that the move isn’t in the child’s best interests. Once you give notice of the move to the other parent, that person has 30 days to file an objection to the move. If that filing doesn’t occur, you and the child can move. If an objection is filed, the court will step in to decide how to handle the situation.

Are there any exceptions to the requirement to give notice?

If the child’s other parent doesn’t have a relationship with the child, you can ask the court to excuse you from giving notice. The same is true if giving notice would put you or your child at risk of family violence.

A lot of factors go into whether a move is suitable or not. Generally, the parent who isn’t moving would have to show why the move isn’t suitable for the child. If you are considering a move, learning how the court might react might help you plan your steps.

Source: Family Law in British Columbia, “Can you move — With or without your child?,” accessed Sep. 06, 2015

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

Post-divorce finances: What you need to know

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Tuesday, September 1, 2015.

A divorce is a major, life-changing event. While many people are focused during this time on the change in their relationship status and any family issues, it’s also important to understand that your financial situations will also likely be undergoing significant changes. Learning how to adjust to what your budget and finances look like after divorce is crucial to getting back on your feet.

One of the first things to understand is that life will be different. If you’re a single parent, it can be exhausting just to keep up with the day-to-day and work one job. Divorce often leads people to reexamine many parts of their lives. You may be considering going back to school, moving, a career change or even picking up a second job to make ends meet or boost your savings.

Remember that you are only one person and can only tackle so much. Doing too much will just add more stress to the situation and can quickly lead to burnout. Start small and add things in one at a time as you feel you are able. Take the time you need to adjust to living on one income or figuring out how to balance managing the household with working full time.

It’s also a good idea to take stock of your finances as soon as you realize you’re heading toward divorce and be brutally honest about your situation. If you’re debts and bills are going to be more than your income is now, it’s important to take action instead of pretending the numbers will magically equal out. You may also want to talk with a lawyer about how assets will be divided and any spousal or child support.

Source: Money Sense, “Picking up the pieces: Retirement after divorce,” Julie Cazzin, accessed Sep. 01, 2015

Real Estate Lawyer in Coquitlam 

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

Can adultery affect my divorce?

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Friday, August 28, 2015.

The list of email addresses hacked from the adultery site Ashley Madison is slowly making the rounds in the media, and those who find their spouses on the list may find themselves suddenly contemplating the end of their marriages. While infidelity is certainly one reason many couples choose to part ways, there are some important things to keep in mind.

To get a divorce in Canada, you need to show that there was a breakdown in the marriage. Normally, couples have to have been living apart for at least a year before a divorce can be granted, but this requirement is waived in cases of infidelity. If you can prove that your spouse did have a physical affair, it may mean a quicker, easier divorce and less time spent in the emotional upheaval of the legal process.

However, if you are thinking about using the fact that your spouse had an affair against him or her in the divorce, for grounds other than just to prove infidelity, it’s important to understand that legally the fact that your spouse was unfaithful doesn’t have much bearing. The Canadian courts will not use proof of an affair to penalize someone in the areas of child support, spousal support, custody or visitations schedule.

That being said, the larger circumstances surrounding the affair may come into play, and that’s one reason why it’s important to discuss your case with a lawyer. Sometimes the money spent on the affair can have an effect on the property division settlement, and it may be of use in any mediation discussions as well.

Source: The Huffington Post Canada, “How Would Finding Your Spouse on the Ashley Madison List Affect Your Divorce?,” Andrew Feldstein, Aug. 21, 2015

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

Kelly Rutherford ordered to return children to father

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, August 21, 2015.

While any custody battle can be very difficult for a parent to deal with, particularly in the case of a noncustodial parent who is trying to win more access to the children, it’s important to keep in mind that respect for the courts, judges and their orders can go a long way. Defying a court order or publicly disparaging a court official could have repercussions down the line.

Kelly Rutherford has been very vocal about her custody battle with ex-husband Daniel Giersch, which was spanned two countries and seven years since the couple first separated. After the children were able to come to the United States to visit their mother over the summer, Rutherford initially defied an order to bring the children to court so that they could be returned to Monaco, where they reside with their father.

Rutherford explained her reasoning for refusing to return the children to the media, saying “I have decided that I cannot lawfully send my children away from the United States to live in a foreign country.” However, one of the judges involved in the case was not pleased at her refusal, and Rutherford did eventually produce the children and send them back to Monaco, where the case will now be continued.

It’s common for one or even sometimes both parents to disagree with a court’s ruling, but it’s important to use a lawyer and go through the proper channels when attempting to appeal a ruling or petition the courts for further action. Failing to do so can cast the parent in a negative light and present the parent as adversarial to the coparenting process.

Source: Global News, “‘Gossip Girl’ star Kelly Rutherford forced to return both children to father overseas,” John Hadden, Aug. 12, 2015

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