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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

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

Judge removes himself from divorce, citing parents’ attitudes

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, July 21, 2016.

A British Columbia family court judge has ruled that one divorced couple needs to move on with a new judge. It seems the parents ended up back in court in 2013 to address the father’s wish to have the parenting time order modified. The order originally granted the mother the bulk of the time, and the father was asking for a more equal time split. However, this quickly went downhill with the parties criticizing the other’s parenting style and using manipulative and bullying tactics to try to get their way.

In the ruling, the judge indicated that he was a “known quantity” and that the progress of the proceedings had largely stalled because of this. In effect, the judge was saying that the situation was so high conflict and the two parties were locked against each other that it may take an entirely new judge to get the parties to pause and reevaluate their positions.

So what you can we learn from this example? The first takeaway is to do your best to make the divorce — and any proceedings that take place after the final decree — as low conflict as possible. Doing so will save both you, your ex and your children a great deal of stress and emotional upheaval.

The second is that sometimes those going through a divorce are too involved in the situation to recognize when things are getting out of control. Having a lawyer help you through the process can be a good way to have an objective third-party ensure you are focusing on resolving issues.

Source: CBC News, “Judge breaks up with couple in high conflict divorce,” Jason Proctor, July 17, 2016

Coquitlam Family Lawyer

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

Court orders in child custody cases can help

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, June 24, 2016.

Child custody matters, which are now known as parenting time and parenting responsibilities, are important matters when parents aren’t in a relationship but still have the child to take care of. In most cases, it is necessary to seek out assistance from the court to keep things working smoothly with the child.

We understand how difficult it is to have to turn to the court for help deciding what is right for your child. There isn’t any reason to dread the process, but it is important that you understand the process and your rights. We can help you with both of those so that you are better prepared for what will happen.

When you think about child custody matters, you have to think about what is best for your child. This isn’t something that should be used to prove a point to your ex or to try to get back at your ex. Instead, you have to put your feelings regarding your ex to the side and focus on what your child needs.

In most cases, it is best for your child to have both parents in his or her life. When we can, we will help you to work out a parenting arrangement that allows this to happen, as long as there aren’t any circumstances that would make a parent unfit. You can let us know what points you feel you are willing to negotiate on.

As your child grows, it might be necessary to revisit the points in the agreement. We can help you with working out modifications to the agreement as things need to be changed.

Coquitlam Divorce Lawyers

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

Coparenting and summer visitation schedules

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, June 17, 2016.

Co-parenting over the summer can be very difficult. There are vacations to plan around, family events to attend and often competing schedules. However, with some communication and planning, it is possible to navigate the summer months without any significant issues.

Having a little flexibility can go a long way toward preventing summer custody issues and conflicts with your ex. Even if your parenting time order has a specific set of terms for the summer visitation, if you don’t mind changing things a bit to make things more convenient for your ex, it could better over the long term.

It’s important to remember that the focus during the summer months should be the same as the rest of the year: on the children. If your children want to spend a little extra time with a parent they don’t see very often; maybe it’s worth being a bit more flexible about how long your ex-has the kids or when you do custody exchanges.

However, predictability and consistency are essential to children, and there are some situations where it’s best for the children for the parents to stick to the schedule. This is especially true in cases where one parent may come in and out of the child’s life. If you feel that adhering to the letter of the court order is in the best interests of the children, that’s alright too. If you do have issues with your ex during the summer or believe there may need to be some changes made to the summer schedule, a lawyer can help.

Source: Huffington Post, “5 Tips to Prevent Discord While Sharing Custody of the Children Over the Summer,” Steve Mindel, June 07, 2016

Coquitlam Law Firms

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

Prepare for the decisions that come with child custody matters

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, April 29, 2016.

Child custody cases usually have very sensitive elements to them. These cases must always place the child as the priority, which is what parents usually want. Still, each parent likely has a different idea of what is best for the child. In these cases, we must come to an agreement about child custody so that you and your ex can move on with life and trying to make sure your child has a good childhood.

Just because you and your child’s other parent aren’t in a relationship any longer doesn’t mean that you can just ignore each other. Instead, you have a lifetime of working together ahead of you so that your child can thrive. Generally, you and your ex would both be the child’s guardians. This means that you will have to decide on various points about the child’s upbringing.

When you create a child custody agreement, you are making the backbone of your relationship with your child. You have to agree upon who will make the decisions about your child’s cultural upbringing, health care, and education. You also have to decide where the child will spend each holiday and where the child will live.

One of the most important things that you must remember when you are trying to work through matters relating to the custody of your child is that you have to be willing to compromise on some points. When you are preparing to start working on the custody arrangements, you should make a list of what points you will remain steadfast on and which ones you will negotiate.

Law Firms Coquitlam

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

Does what I post on social media matter?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, April 14, 2016.

When you begin going through divorce proceedings — or just a custody battle in the case of unmarried parents — you begin questioning everything you do and day and wonder if and how it may affect your case. And rightly so. When you are involved in family court proceedings, everything is under scrutiny. With technology increasingly becoming a part of our daily lives, it’s easy to post something that could be used against you in court without even realizing.

The two main areas where a party’s social media posts can be problematic in the courts are when it comes to finances and child custody. Unfortunately, it’s quite common for people to try to lie about their incomes or attempt to hide assets. Maybe you know how much money your ex-makes a year, but he never told you about last year’s Christmas bonus. Social media posts that show a lifestyle inconsistent with the financial declaration in the case or that mention additional, unreported funds or assets can mean big problems.

Social media can also have a major effect on child custody cases. When you are involved in a custody battle, everything is fair game, from the pile of dirty dishes in your sink to who you went out on Friday night. Photos are especially easy for a lawyer to spin to their client’s best interests in a courtroom. When in doubt, don’t post it.

If you think you have posted on your social media accounts that could be used against you in court proceedings, it’s important, to be honest about it to your lawyer. Your legal team needs a full understanding of the situation to best represent you.

Source: The Huffington Post, “How Facebook Can Be Used Against You in Divorce Court,” Christine Marchetti, accessed April 14, 2016

Law Firms Coquitlam BC

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

How is child custody determined in British Columbia?

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

One of the most important things that happen during a divorce between people who have children is the child custody order. Child custody is one issue that can cause great strife between parents. Learning about some basic points of child custody can help you to know what to expect. It can also help you to make decisions during the child custody determination process.

What is the difference between access and custody?

Access is granted to the parent who doesn’t have custody of the children. Custody is either sole, joint or split. This term means who the child will live with. If a parent has sole custody, that parent’s home is where the child lives most of the time. The other parent would usually have access to the child, which means the right to visit the child and ask about the child.

How is child custody determined?

When parents can agree about what will happen with the children, they can often come up with a parenting plan on their own. In this case, the agreement would be what governs the child custody issues. If the parents are unable to come to an agreement about the child, the court will have to step in to decide on a custody order. The court will consider all factors presented to it before deciding what is in the child’s best interests.

If you are in the midst of a child custody battle, you should understand your rights. You should also work to understand how the law pertains to your case. All of this is crucial so that you can make decisions whenever necessary.

Source: FindLaw Canada, “How is child custody determined?,” accessed March 18, 2016

Coquitlam BC Divorce Lawyer

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

What are some ways to cope with divorce?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, February 25, 2016.

Nearly everyone knows at least one person who is divorced or is currently going through the process, but this doesn’t make it any easier if and when it happens to you. Learning how to cope with the challenges of ending your marriage is important to your mental health, your children’s adjustment and how well you are able to move forward with your life.

  1. Remember that this is temporary.
    Right now your world is being turned upside down, and it’s easy to get lost in the swirl of emotions, court appearances, and cycle of blaming. Take a step back — and a deep breath — and remember that while your divorce may be permanent, the process is temporary. It may take a few weeks, months or even years, but eventually, you will be in a better place.
  2. Focus on the children.
    Putting your energy into making sure your kids are taken care of and coping as best as possible with the divorce can give you something else to focus on other than your ex or your own negative emotions. Divorce is very difficult for children, particularly if there are ongoing custody issues, and it’s important to spend plenty of one-on-one time with them during this process.
  3. Have someone to vent to.
    Divorce is a very difficult process, and it’s normal to feel anger, sadness, and grief — sometimes within just a few minutes of each other. Whether it’s a trusted friend, family member or professional, having someone to talk to can help you get your feelings out in a healthy manner so you can focus on positive interactions with your ex and a smooth transition for the children.

Source: Slate, “Seven ways to get through a divorce when you have small children,” Lara Bazelon, accessed Feb. 25, 2016

Coquitlam Lawyer

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