Archive for year: 2016

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Divorce mediation can be a good process

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Friday, October 21, 2016.

We recently discussed how important it is for people who are going through a mediated divorce to go into the process prepared. You can do this by thinking about what points of the settlement you can negotiate on as well as the points that you need to hold firm on. We can help you evaluate your assets and other points to determine a course of action.

While you are going through divorce mediation, the property division process isn’t the only one that you have to think about. You also have to consider matters such as spousal support and child custody. These matters can often be even more stressful than trying to divide property.

We know that you might have some questions about the decisions you will need to make during the divorce process. We can help you understand what Canadian law, as well as provincial law, says about the matters pertaining to your divorce.

As you go through the mediation process, you have to be willing to keep an open mind. There is a chance that you will be presented with an option for settling matters that you didn’t think about. By keeping an open mind, you might be able to settle things in a way that works for you but is slightly different from what you were thinking about.

We know that all of this is a lot to think about. At Laughlin & Company, we can help you sort through things in a manner that helps you to fully understand what options you have that are viable in your case.

Law Firms in Coquitlam

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

Keep an open mind and clear head during divorce mediation

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Thursday, October 13, 2016.

The mental trauma of going through a divorce is something that some people don’t expect. Even if you are the one who decides that divorce is the best thing, you are likely still going to have some emotional reaction to the filing and finalization that signals the end of your marriage.

If you are going through mediation to end your marriage and get the terms of the divorce settled, you have to make sure that you don’t let your emotions stand in the way of making progress. Your emotional ties to the marriage and the assets could hinder you from being able to negotiate.

Negotiations are the key to getting the divorce terms worked out. You have to be willing to stop and think about how various terms will work out for you. While you are going through the negotiations, make sure that you take the time to listen to what is being said and offered. This can be difficult, but being able to distance your emotions can help.

One thing that you can do that might help you to remain focused on the issues is to do your research before the negotiation process starts. If you have a marital home, for example, know the value, what is owed on it, what the typical upkeep is and any other factors that could affect the home or your finances in the future. Being armed with facts and figures could help you out.

While you are going through the mediation process, try to stay positive. It is easy to be discouraged when it seems like progress is slow. Sometimes, slow progress is exactly what you need to give you time to ensure that the issues you think are important are addressed.

Source: Family Affairs, “7 Tips on Preparing for Divorce Mediation,” Joy Rosenthal, accessed Oct. 13, 2016

Law Firm in Coquitlam

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

Child support orders might need to be changed

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, October 6, 2016.

Paying child support has to be a priority for parents. As we discussed in the previous blog post, child support agreements can be made between parents, or you can turn to the court to determine who is going to pay what. In either case, child support has to meet specific points.

If you are going through a child custody case, the child support agreement is a significant component of the order. The child has needs that can only be met if there is money available, but both parents need to have money to support themselves. If you are trying to work out a child support agreement with your child’s other parent, we can help you to learn about the options that are available for child support agreements.

As the child grows up and circumstances change, there might be a need to revisit the child support order, or the child custody order as a whole. In those cases, it might be possible to have those changed. There are specific instances in which this might be possible. If you need to seek out a modification of these orders, be sure that you take action as soon as you discover the need for the change.

It is best to take swift action on any matter about your child. Your first course of action should be finding out what you can do. From there, you can make decisions about how you are going to proceed with your case. We can help you to explore the possible options and learn how they will affect you and your child.

Coquitlam Lawyers

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

Child support can be court ordered or agreed upon by parents

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, September 28, 2016.

Providing for your child is a priority for most parents. If you and your child’s other parent divorce, the parent who doesn’t have primary custody of the child might need to pay child support so that the child can have the financial support he or she needs. There are two ways that you can come up with a child support payment plan — working with your ex or having the court decide.

The primary concern when coming up with a child support agreement is that it is a fair agreement that puts the child’s needs first. What is considered fair can be impacted by how you come up with the plan. If you and your ex-work together, there is more room for negotiation about the amount of support that will be paid. If the court decides, the court must use the Divorce Act Section of the Federal Child Support Guidelines.

Coming up with your agreement about child support might be the way you choose to handle this aspect of child custody. If you do this, make sure that you get the support agreement in writing. Not only does this provide you with a document to turn to for clarification, but it also provides you with proof of the agreement if you have to turn to the court for enforcement.

It is possible to change a child support agreement once it is made. If you and your ex-came to the agreement, you can work together to draft a new agreement. If the court ordered the child support, you could turn to the court to modify the agreement. In either case, you should make sure that you understand how the law applies to your case.

Source: Department of Justice, “Child support agreements,” accessed Sep. 28, 2016

Coquitlam Lawyer

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

Child custody matters are emotional but a clear head must prevail

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, September 23, 2016.

In our most recent blog post, we discussed how sperm donations could impact child custody matters. That is only one of the factors that can be a part of child custody decisions. If you are facing a child custody case for any reason, you should know your rights and responsibilities.

Thinking of sperm donors, it is possible that some of them thought that they were protected from child custody and child support matters because they only provided the sperm. If they didn’t take steps to ensure that they wouldn’t be responsible for child support, they might find that they are fighting a child support case. We know that this is the last thing you want if you donated sperm, but it is sometimes what happens.

Even if you did naturally have a child, you might be surprised to find out that child custody and child support can become a part of your life even if you don’t want contact with the child. Of course, the court can give you child custody orders, but you might not want to follow the order. You might not want to get your child. It is unlikely that you would face any legal repercussions because of that; however, you would face legal ramifications if you only decided not to pay the child support you are ordered to pay.

Issues that are related to child custody and support are often emotional issues. We can look at the case without the emotional involvement and give you our opinion of what options you have. We should get this done as early in the case as possible.

Coquitlam BC Lawyers

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

How does sperm donation affect child custody?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, September 16, 2016.

Sperm donation is becoming more and more common for people who want to start a family and are unwilling or unable to do so naturally. For the sperm donors and the people who are inseminating, it is crucial to fully understand the type of donation and insemination that is being done so that they can ensure they are prepared to deal with the legal ramifications of the option.

What types of sperm donation are possible?

Two types of sperm donation are possible — anonymous and known. The sperm recipient doesn’t know the donor in an anonymous donation, and the child could contact the donor when the child turns 18 years old. The sperm recipient knows who the donor is a known donation.

What type of arrangements is possible for sperm donation?

You can choose sperm donation through a licensed fertility clinic or a private donation. If you go through a licensed fertility clinic, the sperm donor doesn’t have any involvement in the child’s life. The donor’s name isn’t on the birth certificate. In a private donation, the sperm donor carries all of the responsibilities of having a child, including the right to be a parent of the child.

In Canada, a child can only have two parents from a legal standpoint. This, however, doesn’t mean that you should skip a co-parenting agreement if the sperm donor has a role in the child’s life. The co-parenting agreement lays out the roles of each person in case there is a disagreement over something in the future. Before you enter into a co-parenting agreement or sperm donation, be sure you understand the relevant points of Canadian law and how they affect you.

Source: Co-Parent Match, “Search for Sperm Donors in Canada NOW!,” accessed Sep. 16, 2016

Coquitlam BC Lawyer

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

Your divorce settlement is the springboard to your future

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Wednesday, September 7, 2016.

In our previous post, we discussed how watching pornography without your spouse can lead to divorce. That probably doesn’t come as a shock to some people, but it does bring up an important point. There are various reasons why marriages don’t last. No matter what the reason for your marriage is ending, you must take the steps necessary to protect your future. Your divorce settlement is the end of the marriage, but also the springboard to your future.

We know that the end of your marriage is likely to lead to some thoughts of uncertainty. There is no guarantee how the property you and your ex-amassed will be divided. If you have children, you might be worried about how they will handle the divorce. You might also wonder about child custody. Who will get the children when and who will pay child support are likely concerns.

Every point in your divorce settlement must be considered very carefully. When you are dividing property and trying to determine child custody solutions, you have to think about the options. You can’t let your heart rule during this time. We are here to help you look at the possible options and weigh how each one will affect you.

When it is time to try to negotiate the points of your divorce, mediation is one possible option. We can work with you to determine what points you will hold fast on and what points are up for negotiation. We try to help you think about your future and how the possible settlements might affect you now and then.

Lawyers Coquitlam

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

Your marriage might be ruined by pornography

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Thursday, September 1, 2016.

A recent study that was presented at the American Sociological Association meeting found that watching pornography can lead to the end of your marriage. The study hasn’t been peer-reviewed yet, but there aren’t any major methodological flags present.

The study used data that was from a poll that asks Americans about a host of activities. The data came from the 2006 to 2014 General Social Survey. When the data was studied, it was found that women watching porn is more likely to kill a marriage than men watching porn.

For men, the rate of divorce doubled from 5 percent to 10 percent when he watched porn. For women, the divorce rate tripled from 6 percent to 18 percent when she watched porn.

There is a difference in what happens when women and men stop watching porn. If the woman stops watching porn, the divorce rate goes back down to 6 percent. That isn’t necessarily the case for men, but the study was cautious about making statements in this regard because most of the men who reported they were watching porn didn’t stop.

There are many other factors that can affect whether porn leads to divorce in a marriage. Typically, people who attend regular religious services are less likely to divorce because of porn, while younger couples are more likely to divorce because of porn.

No matter what is causing you to end your marriage, you should take steps to make sure that your interests are protected. Divorce mediation can often help you to get a settlement that puts you in the best financial position as possible.

Source: Science Magazine, “Divorce rates double when people start watching porn,” David Shultz, Aug. 26, 2016

Lawyer Coquitlam

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

Know what is allowed and what isn’t in child custody

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, August 26, 2016.

Canadian law has very specific points about what can happen in a child custody case. These custody agreements are very serious because they set the tone for the rest of your child’s childhood. When the child custody agreement gives your child stability, your child is going to be more likely to thrive.

We know that your emotions are probably playing a part in the child custody case. It is easy to see how that could happen because you love your child and you want to see your child as much as possible. You know that your way of wanting things done for the child is what is best. You should realize that your ex feels the same way, and that is why a child custody agreement is necessary.

During the child custody proceedings, whether these occur in a cooperative manner or in court, we can help you to keep your focus on what the law says regarding issues. We can help you ensure that your rights are respected and that your child’s best interests are truly kept at the heart of the case.

If you already have a child custody case and need to have it modified, we can help you with getting that done. There are some very specific situations in which a modification is warranted. Learning about those and finding out if your situation is one of those is the first step in your plan.

No matter what kind of child custody issue you are having, you have to make sure that you know what solutions are possible. That gives you a good starting point for getting things resolved.

Port Coquitlam Lawyers

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

Can I move my child whenever I want without consent?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, August 18, 2016.

Having a child custody agreement means that you have to abide by the points laid out in the agreement. This means that you can’t just make decisions for your child if they go against the agreement. One of the major life decisions that you might wonder about is whether you can pick up and move your child or not. The answer is that you can’t just decide to move your child one day and do it the next.

What does Canadian law say about moving a child?

In 1996, a decision was made by the Supreme Court of Canada that laid out a precedent for wanting to move a child. This decision was a landmark decision because, before it, a parent could merely relocate the child at any given point under the presumptive right of the custodial parent. After the decision was made in 1996, the best interest of the child has to be making a move. The court will no longer consider the best interests of the parent.

What can I do if I need to move my child?

In some cases, you can get the child’s other parent to agree to the move. This would allow you to make a move without any worry. If that isn’t possible, you will likely have to head to court. In British Columbia, you have to notify the non-custodial parent of the intended move. The other parent might object to the move, which would mean you go to court for the court to decide if the move is in the child’s best interest.

If you are considering a move or if you want to object to a move, you should make sure that you understand how to take the appropriate action legally. This can make the process a little more comfortable for you.

Source: FindLaw Canada, “Can custodial parents move their children?” Miriam Yosowich, accessed Aug. 18, 2016

Lawyers in Port Coquitlam

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