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Canada Revenue Agency may require child custody proof in Canada

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Laughlin Law's Divorce Attorneys Logo

On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Monday, September 18, 2017.

Single parents who have custody of their children may get some tax benefits from the federal government. But there are times British Columbia parents might have to prove to the Canada Revenue Agency that they’re the custodial parent. When people fill out their tax returns in Canada, the government assumes citizens have declared all their income, but the agency has ways of checking these things. The CRA matches income slips to returns using Social Insurance numbers, making sure citizens have claimed everything. Essentially, claimed expenses, when they come to child custody, must be able to be proved should the government ask for clarification.

Single moms and dads have found that if they claim an eligible dependent (AED) for one child, it may attract the CRA’s attention. The AED can save about $1,700 in taxes, with further savings in each province, so it is a large claim. The CRA is requesting custody proof for many of these claims.

As long as single, custodial parents can provide the right documents to the CRA, the review should go smoothly. Those queried have 30 days to prove custody. Proof may be in the form of a birth certificate and a letter from the school the child attends or from the family doctor. The right paperwork must be presented to prove eligibility for the AED tax credit and without it, the CRA will recalculate tax returns by assuming the claimant doesn’t qualify for the credit.

There are many questions regarding child custody issues that an experienced British Columbia lawyer may be able to answer. A family law lawyer may also be able to point his or her clients in the direction of others knowledgeable in the issues surrounding custody, like those familiar with tax issues such as accountants. The guidance of a lawyer may prove invaluable in these cases.

Family Lawyers in Coquitlam

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

Source: huffingtonpost.ca, “The CRA Might Ask You to Prove Custody of Your Kids“.

Child custody: Indigenous heritage not only factor in B.C.

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, August 22, 2017.

Although a child’s aboriginal heritage should be considered during the adoption process, it is not the only factor when deciding on the best interests of the child, according to the British Columbia Court of Appeal. Several things come into play when deciding child custody in British Columbia, including the emotional well-being of the child. Some weight should be given when the child in question is of First Nations, Metis or Inuit heritage; however, it does not take precedence over other issues.

In a recent ruling on one particular case, the court indicated that a child who has a strong emotional bond with his or her adoptive family and siblings in that family dynamic — regardless of heritage — would likely be harmed emotionally if removed from the family. In this case, it was clear the child knew about his band and First Nation and is proud to be of Aboriginal descent. An appeals court judge indicated that the Aboriginal heritage of a child doesn’t attract “super weight” over other issues when considering an adoption order.

A court will look at many things when determining child custody. A British Columbia lawyer experienced in family law should be consulted in any adoptive process. A lawyer can use his or her extensive legal knowledge to provide clients with the best advice to help them achieve the desired results for their family law needs.

Most family law cases in British Columbia that divorce lawyers deal with aren’t straightforward, and many factors can weigh into a ruling, especially with adoption and child custody. Working with a lawyer will reduce the risk of surprises at a hearing. In addition to providing legal advice, a lawyer will also be able to direct clients to therapists, social workers and others who may be able to help.

Lawyers Port Coquitlam

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

Source: theglobeandmail.com, “Indigenous heritage not a trump card in child adoption, B.C. court rules“, Laura Kane, Aug. 8, 2017

Parenting coordination may limit child custody disputes

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A dictionary opened to the word 'divorce'On behalf of Laughlin & Company Legal Attorneys posted in Child Custody on Wednesday, June 21, 2017.

The fact that divorced British Columbia parents presented a parenting plan to the court and had it approved does not mean all will proceed smoothly. Life is full of unexpected turns and events that may require modifications or adjustments to carefully devised schedules and plans. While parents may find it easy to cope with minor changes to their child custody and parenting plans, modifications that are more complicated may lead to disputes or contention.

It is in times like these when the responsibilities of a family lawyer such as those at Laughlin & Company Lawyers Mediators can be invaluable. They focus on resolving child-related issues by providing divorced parents with a platform for mediated negotiations. In most cases, their skilled guidance leads to compromise and the development of adjusted parenting schedules that suit both parents while still focused on the best interests of the child.

However, some issues can cause ongoing conflict between former spouses. These may involve extracurricular activities, contact with extended family members and other unanticipated events. Laughlin & Company can arrange parenting coordination to shield conflicting parents from each other by acting as a barrier when they express their opinions. A parenting coordinator facilitates communication and aims to help families learn how to work through day-to-day issues without antagonism.

Divorced couples in British Columbia may find that the professional but personalized approach of the legal team at Laughlin & Company Lawyers Mediators can help them master the skills of negotiation through communication and compromise. Many find this to be empowering, knowing that they can manage to resolve day-to-day parenting issues that are common in any family. With such professional guidance, child custody issues need not jeopardize post-divorce parent-child relationships.

Family Lawyers Coquitlam, BC

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

Child Custody: Can technology aid parent-child relationships?

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The definition of child custody.On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, June 6, 2017.

Following a divorce in British Columbia, circumstances often cause one of the former spouses to relocate. This could be difficult for children who may then have little contact with the parent who moved away. However, with the accessibility of the internet, it might be a good idea to work out a communication schedule for video calls as part of a child custody agreement.

A professor in another province has launched a study to evaluate the manners in which technology such as the internet could benefit parent-child relationships when distance or child custody rights is a problem. Data is being collected byways of a survey to study the pros and cons of FaceTime, Skype, and other communication technologies when it comes to dissolution of marriages. The objective of the study will be to build reference material for judges and lawyers, mental health professionals and others who deal with divorces and long-distance parenting.

While the study will provide conclusions, the professor predicts that these communication options will prove to be of significant value in maintaining relationships between parents and children who live far apart. However, she believes that the potential remains for children who were victims of abuse or domestic violence to be subjected to ongoing abuse and control via the avenues offered by this technology. For this reason, some control measures will have to be developed.

British Columbia parents who are separated by great distances from their children after divorce may want to establish an internet communication plan. With the help of an experienced family law attorney, the child custody agreement might be reviewed, and through further negotiations, both parents may establish a workable plan. The lawyer can present it to the family court, and if the court finds the arrangements to be in the best interests of the child, it may modify the existing court order.

Family Attorney Coquitlam

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

Source: FindLaw Canada, “Study will examine use of technology in child-parent communication during divorce and separation“, Alexia Kapralos, Accessed on June 2, 2017

Can a parent with child custody relocate at will?

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Two siblings stand on the stairs.On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, May 9, 2017.

British Columbia parents who are divorced may manage to establish schedules for parenting time and visitation that benefits the children, and it may all work out well — until the time comes that the custodial parent wants to relocate. A parent with child custody cannot just pack up and move to another city, province or territory. If the parents cannot agree on the relocation, the court will have to decide whether the move may take place.

The primary concern of the court will be the best interest of the child. When making this decision, the court will consider the current custody arrangement and the existing relationship between both parents and the child. The views of the child may be considered — depending on the child’s age and maturity. The disruption in the child’s life with relation to education, relationships and his or her place in the community will be considered.

The custodial parent will have to prove that the intended relocation is for the benefit of the child rather than simply his or her own interests. If the parents can come to an agreement and work out a modified visitation schedule, the court will likely approve it. However, it is important not to relocate with only the other parent’s verbal consent. Getting the court’s authorization can prevent litigation in the future.

Divorced British Columbia parents who want to relocate may find it helpful to consult with an experienced family law lawyer. In addition to explaining the child custody laws related to the proposed relocation of a parent, the lawyer may be able to assist with negotiations or even arrange for a family law mediator to facilitate such negotiations. The lawyer can advocate for either the custodial or the access parent while also protecting the best interests of the child.

Port Coquitlam Lawyer

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

Source: FindLaw Canada, “Can custodial parents move their children?“, Miriam Yosowich, Accessed on May 9, 2017

Child custody and co-parenting issues: A tough challenge

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A mother with custody of her child.On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Wednesday, May 3, 2017.

Regardless of how amicable a divorce is, most British Columbia parents will find it tough to navigate co-parenting without difficulties. Divorced parents may keep in mind that they will be ex-spouses once the divorce and child custody issues are decided, but they will never be ex-parents. Children will likely need more proof of love and support of both parents after a divorce, even if only to reassure them that they did not bring about the divorce.

Except in circumstances of domestic violence or abuse, the continued relationships between children and parents will play important roles in their abilities to develop into well-adjusted adults. In many cases, it will also affect the way children treat their families when they grow up. This may all be easier said than done because the frustrations and problems that led to the divorce do not just disappear when the divorce is final.

Co-parenting may be more challenging after divorce because it is not uncommon for feelings of vengeance or reprisal to sneak up and take over from time to time. It may also be a challenge to accept that the children will spend time with an ex and his or her new love. The trick may be to focus on the children rather than on what happened in the past and even what the spouse does now. Taking care of the stability and security of the children may help to keep things on an even keel.

If co-parenting and child custody rights become more problematic, a consultation with an experienced British Columbia family law lawyer, like Laughlin Family Attorneys may be in order. Such professionals are not only available for litigation — they can also provide valuable advice and guidance. A lawyer could also arrange the services of a qualified family law mediator to facilitate communication and compromise between divorced parents to reach parenting agreements that will be in the best interests of their children.

Source: helpguide.org, “Co-Parenting Tips for Divorced Parents“, Accessed on April 27, 2017

Lawyers in Port Coquitlam

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

Child custody may be best negotiated with legal guidance

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Child custody and family play hand in hand.On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, March 14, 2017.

In British Columbia, the legal terms related to childcare and access have changed to parenting time and parenting responsibilities. These are the components of what used to be called child custody and is now known as child guardianship. While child custody used to indicate whom the primary caregiver of a child will be after a divorce, guardianship aims to involve both parents in the post-divorce care of the children — except when such arrangements may expose the child to harm.

Most parents agree with the updated laws that give families the chance to continue parent-child relationships even after divorce. However, drafting parenting plans that will meet the schedules and needs of both parents without jeopardizing the best interests of the child can be challenging. While matters such as the responsibilities of supervision, religion, medical treatment, health care and more must be considered, all the day-to-day decisions will need to be made.

Parents may find comfort in learning that there are lawyers who focus on the family law — who know that most mothers and fathers prioritize the stability and happiness of their children. Lawyers such as those at Laughlin & Company lawyer whose paramount concern is the needs of parents and children can facilitate negotiations and discussions on that basis. This will provide a platform for parents to work out how best to arrange their time and responsibilities in relation to their children.

Some divorced parents in British Columbia have learned that a team of legal representatives such as the lawyers at Laughlin & Company understand that many family law issues need to be revisited in the future. The circumstances of parents change over time, and so do the needs of children. Many people enjoy peace of mind knowing that their legal advisors will be there in the future when child custody issues need modification, or when they need guidance and support with any other family law matters.

Port Coquitlam, BC Lawyer

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

Child custody, property division and lately — divorce ceremonies

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Laughlin Law's Divorce Attorneys Logo

On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Wednesday, January 25, 2017.

January is often reported to be the month when many British Columbia married couples decide it is time to go their separate ways. Some people avoid divorce talk during the holidays — especially couples who have minor children. Although most divorcing couples seek shared child custody, nobody wants their kids to remember all future holidays as the sad time when their parents got divorced.

During January, people planning a divorce will likely get all their financial matters in order, settle as many debts as possible, close shared credit cards and bank accounts and open personal accounts. Being fully informed about family finances by gathering all the financial information may ease the property division process. This month of preparation may be the time to discuss child-related matters.

Although running two households and subjecting kids to two sets of rules can be tough on parents, the best interests of the children are what matters most. A divorce will yield ex-spouses but never ex-children. As long as they are alive, regardless of how many subsequent marriages the parents enter, they will always be the parents of that child. To make the most of the situation, many divorced parents commit to cooperate and be flexible in post-divorce child-related issues.

A divorce can be as complicated as the parties choose to make it, and it is becoming more common for newly divorced couples in British Columbia to arrange divorce ceremonies to say their goodbyes and wish each other the best for the future. While these ceremonies have no connection to family laws, the legal navigation of a divorce can be challenging. For that reason, many people seek the support of a lawyer who is experienced in providing guidance through the complicated areas such as child custody, property division and more.

Source: CBC News British Columbia, “January is a popular time to get divorced, therapists say“, Accessed on Jan. 20, 2017

Need a lawyer? Contact us now! 

Family Lawyers in Coquitlam, British Columbia

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

Child custody and relocation — how is it handled?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Wednesday, November 9, 2016.

Working out parenting plans that suit both parents and their children after a divorce can be challenging. If one parent intends to relocate after the divorce, matters can be complicated. Spouses can become ex-spouses, but children can never become ex-children. Regardless of who has child custody, one parent relocating may not compromise parent-child relationships.

Under British Columbia Family Law, any parent who considers relocation must provide written notice 60 days in advance. This document must inform other guardians and people who have contact with the children according to a court order of the plans to relocate. This procedure is mandatory; even it is the non-custodial parent who wants to move.

The court may waive the need for the written notification in certain circumstances. If such information can give rise to abuse or violence or if there is no existing relationship between the children and the parent who will be separated from them, the court may make an exception. Also, if all parties agree, and parenting plans that ensure the preservation of parent-child relationships are in place, written notices may not be necessary.

However, a guardian or parent may file a motion in court to object such a move, and the court will consider various aspects to determine whether the relocation will still protect the best interests of the child. British Columbia parents who need legal advice or representation in a case of one parent wanting to relocate may benefit from consulting with an experienced family law lawyer. Regardless of whether guidance is needed by a parent with child custody who intends to move to a different location, or by a parent or guardian who wants to object to such a move, a skilled lawyer can advocate on behalf of the client.

Source: gov.bc.ca, “What happens if one parent wants to move?“, Accessed on Nov. 9, 2016

Coquitlam Law Firm

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/