Archive for year: 2015

You are here: Home / Outsized expectations may lead to will disputes in British Columbia / 2015

Separation agreements in British Columbia

/in /by

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

/in /by

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

Relocation with children

/in /by

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