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Actress claims finances kept her from seeing children

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, July 16, 2015.

International custody battles can be tricky. Even with today’s technology that allows for talking, texting and even video conferencing with parents who live far away, maintaining parental bonds and staying actively involved in a child’s life is difficult from a distance. It is very common for one or even both parties to be unhappy with an international custody arrangement, as it often involves one parent keeping the children for most of the year and the other parent getting the children for weeks at a time in the summers or during school holidays.

However, another common issue in these disputes is money. Traveling abroad can be very expensive, even for those with above average means, and actress Kelly Rutherford has been arguing in her ongoing custody dispute with her German-born ex. Rutherford’s children are currently in the middle of the couple’s international custody dispute that has been highly publicized over the last few years.

The actress most recently told a judge that one of the major issues with the children living abroad in Monaco with their father was that she could not afford to travel frequently to visit them. Rutherford testitifed that when the order was first put in place, she was flying over to see the children approximately once a month. As time passed, she was not able to afford to have visits as frequently. The actress claimed she was also not able to work as much because of the frequent traveling and filed for bankruptcy in 2013.

Whether you are faced with the possibility of having to travel overseas to visit your children or have been dealing with a current international custody order that isn’t working anymore, a lawyer who deals with family law issues can help you get a better understanding of your options and best choices moving forward.

Source: Global News, “Actress Kelly Rutherford testifies at custody hearing,” Anthony McCartney, July 10, 2015

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

How is paternity determined in Canada?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, June 4, 2015.

As a father, you want to know that you have the same legal rights as your child’s mother. If you’re married, you automatically receive those rights, because it’s assumed that you’re the father of a newborn child. However, if you aren’t married to the mother of your child, then you will need to prove your paternity.

Establishing your paternity is an important step toward raising your child. Once you’ve done this, you can break up from the mother, if you want to, and you’d still have the legal right to see and care for your child.

If you decide to marry the mother of your child after your baby is born, you can sign a form to show that you are taking the responsibility of being the child’s father. This form guarantees you the same rights as a father who was married at the time of a baby’s birth. If you’re not interested in marriage at the moment, you can establish paternity voluntarily by signing paperwork with the mother of the child and turning it into the court. If the father won’t sign but is the legitimate father of the child, legal action can be taken to establish his responsibility as the child’s father. The most common method of establishing paternity at any time in Canada is with the use of a DNA test.

If you believe you’re the father of a child but haven’t been able to sign a form to say so, you have a few options. If the mother agrees, the form is simple to file. If not, you could ask the court to take a DNA test to approve your rights to your child. You have the right to seek help from the court if a woman is withholding your right to see if the child is yours.

Source: FindLaw, “Chronology: Establishing Paternity,” accessed June 04, 2015

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

Kids less stressed with shared custody

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, April 30, 2015.

After a divorce, your child has to go through changes since your family structure is being altered. Now, your child may have to travel to see your ex-spouse or you may have sole custody and your ex may only have visitation. While every situation is different, studies have been performed to find out what kind of situation is less harmful to a child’s psychology.

What has been found goes against the idea that splitting time between parents could be stressful due to the travel and fact that the children are constantly in different environments. In fact, children who got to see both parents in a shared custody situation were less stressed than those who saw only one parent in a sole-custody relationship.

Children in typical nuclear families were the least stressed of all, but if that’s not possible, then shared custody can be one way of reducing the stress and anxiety your child has to go through. Consider the reasons behind this; your child has always grown up with two parents, two sides of the family, grandparents, aunts and uncles. If you cut off visitation with one side of the family, your child has suddenly lost half of the support system that has been built up over the years, causing anxiety and other psychosomatic problems.

Girls are most prone to these issues, and the most common problem was sadness. Overall, children who were stressed in these living situations faced sleep problems most commonly. While not all families can adjust to the shared custody situation, this research does back the fact that it can be beneficial overall.

Source: Time, “This Divorce Arrangement Stresses Kids Out Most,” Mandy Oaklander, April. 27, 2015

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

What do you do if you are denied parenting time by your ex?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, April 16, 2015.

When you decide on a parenting agreement with your ex or have had one determined by a judge, you may think that everything should go well from there on out. Unfortunately, sometimes parents don’t stick to the agreement because of complaints about contact or parenting time allowances. If this has happened to you, do you know what to do to enforce your parenting time? There are a few things you can do to protect your rights as well as those of your children.

If you’ve been denied access to your children, you’re in a position where you can take the children’s mother or father to court over the denial of your parenting time. This time is allowed by law, so in most cases, denying you access to your children is illegal.

There are, of course, a few times when it’s acceptable to deny you access to your children, like if abuse is suspected or if you were intoxicated at the time of your scheduled parenting time. Other than those reasons, there are few that will stand up in court. Each case is handled individually, but unless extreme reasons are shown, simply refusing to grant parenting time due to personal issues won’t be allowed.

What can be done for you? A judge may be able to help you set up a time when you can make up the lost time with your children. If the other party is still trying to withhold your children from you, then you both may be required to attend family dispute resolution to work out your problems. The other party may have to pay you for any expenses you had due to the denial of time with your children, and he or she will need to pay a fine in many cases.

Source: JusticeBC, “What can I do if the other parent doesn’t follow the agreement or order about parenting time or contact?,” accessed April. 16, 2015

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

Parenting arrangements and extraprovincial orders

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, February 5, 2015.

When a custody case is being filed, one of the first considerations is finding the appropriate jurisdiction. Even if a child has recently relocated to British Columbia with his or her parent or parents, if the move has been recent, the appropriate jurisdiction to hear the matter may be the child’s former province of residence.

A court outside of British Columbia having jurisdiction over a child custody case is termed the extraprovincial tribunal. British Columbia courts will also respect parenting arrangements and child custody orders that have been issued in other provinces or countries, provided that those orders were issued by a court having jurisdiction and that both parents had notice and an opportunity to be heard.

In the event more than one province may have jurisdiction to hear a child custody and parenting-time case, a court in British Columbia may still hear the case if the child is a resident of British Columbia at the time the application is made. The British Columbia court may also hear the case if the court finds that the child is present in British Columbia at the time of the application even if the child does not typically reside there. There must also be substantial evidence existing in BC in regards to the best interests of the child and a case must not have already been filed in an extraprovincial court.

Jurisdictional issues sometimes arise in child custody cases depending on the living arrangements of the child and the parents. When people are unclear about which jurisdiction is the appropriate for their case, they may want to speak with a family law lawyer. A lawyer may be more familiar with how jurisdiction is established for child custody and parenting arrangement cases. The lawyer may then help file the petition in the appropriate court.

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

Child custody and the best interests of the child

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, January 29, 2015.

In child custody cases in British Columbia, courts apply the best interests of the child standard when issuing their rulings and orders. It is important for parents to understand that the emphasis will always be on the child’s interests rather than on their own interests, wants or needs.

In making their decisions, judges consider a number of factors that are outlined in the Family Law Act. For example, the court may take into consideration the child’s health and happiness as well as their wishes. The child’s wishes will only be considered, however, if a judge determines such a consideration is appropriate.

Other factors include the relationship the child has with each parent, the history of who provided the child’s care, the child’s need for stability and whether there has been a history of family violence. Family violence may affect a custody decision regardless of it it was directed at the child or at another person in the child’s presence. Courts consider family violence to the extent of its impact on the child and how it might affects the parent’s ability to provide adequate care. Additional considerations include whether any civil or criminal proceedings might affect the child’s safety, health or happiness. Finally, courts will look at evidence regarding the ability of each parent to provide care as well as their ability to work together for the benefit of the child.

Child custody cases are often fraught with emotion and resulting conflict. By understanding how courts determine the outcome of a dispute, parents may better understand how to collect evidence and present it to support their custody request. People who are going through a custody dispute may benefit by seeking the help of a family law lawyer. A lawyer may be able to better advise clients on the evidence needed. He or she may also be able to negotiate an agreement or litigate in court.

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

When is it OK to deny a non-custodial parent parenting time?

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

In certain situations, British Columbia parents may feel it is appropriate to deny parenting time to their child’s non-custodial parent despite the arrangements set forth in their divorce decree. While it may seem like they might incur punishment for withholding visitation or parenting time from the other parent, the court might, depending on the circumstances, find that a denial of parenting time was not wrongful. These exemplary circumstances are all related to the best interests of the children involved.

Guardians have a responsibility to protect their children from any harm they may suffer as a result of family violence or negligence resulting from alcohol or drug use. They may, therefore, deny parenting time to a parent whom they reasonably believe will be violent toward the child or whom they suspect has been drinking alcohol or using drugs at the time that parenting time was scheduled.

Parents who frequently fail within a 12-month period to exercise their parenting time without notice to the guardian may lose their rights to have contact with their children. In addition, parents may lose their right to parenting time if they frequently give notice that they do not intend to exercise their scheduled parenting time but then intend to exercise it without providing sufficient notice to the guardian that they changed their mind.

It is sometimes inappropriate for a scheduled parenting time to occur, such as in instances where a child is sick and needs rest to recover. Guardians who obtain a note from a doctor, nurse practitioner or other qualified medical professional may deny parenting time if the note indicates that it should not occur because of the child’s illness.

Though judges may find that parenting time was not wrongfully denied, they may decide that compensatory parenting time is appropriate. If recurring situations call for a modification to the original custody or visitation order, a family law attorney could advocate for a custodial parent seeking more custody or a non-custodial parent seeking more visitation, depending on the circumstances of the case.

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

Separation agreements in British Columbia

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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

Relocation with children

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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

A look at relocation issues for parents after a divorce

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, December 18, 2014.

British Columbia residents may be interested in some of the considerations that courts make when deciding whether one parent can relocate with a child, away from the other parent. Competing judicial interests make these relocation decisions difficult to predict.

When parents divorce, there are often issues with both parents trying to maintain a relationship with children after the split. If the child lives with one parent, visitation rights are important in keeping that close parenting relationship with the non-custodial parent. However, if the custodial parent wishes to relocate, this can require the approval of the courts. Though courts attempt to decide these issues based on what is in the best interests of the child, sometimes predicting the outcome can be difficult.

This is because there are so many variables when it comes to relocation decision making. Judges and jurisdictions each have their own views on how to resolve relocation issues, and the particular facts of each case can be a decisive factor. One seminal Supreme Court decision, however, holds some guidance. The court used seven factors in deciding a relocation case. Some of these factors include the existing custody and access agreement between the parents and child, the child’s views on the relocation and the importance of keeping the child together with the non-custodial parent. The judicial system must balance somewhere between the need for a child to keep a relationship with both parents and the ability for one parent to move freely to seek a better life.

Understanding the law regarding living arrangements and other child custody issues can be difficult without the help of a family lawyer. The lawyer may be able to counsel a parent on the best course of action with regard to relocation, visitation rights and parenting time.

Source: The Canadian Bar Association, “Breaking away”, Pablo Fuchs, December 16, 2014

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