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Benefits for grandparents

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Monday, December 15, 2014.

British Columbia grandparents who have assumed custody of their grandchildren may be unaware of the possible governmental help available to them to help. In fact, there are several benefits intended to help provide for the children’s needs for which grandparents may be entitled.

Even in situations where the grandparents are the children’s caregivers but do not have legal custody, they may qualify to access benefits through the Extended Family Program. Those with legal custody of children may have several different benefits available to them, including benefits through the Canada Pension Plan for children under 25, child disability benefits, universal Child Care benefits for children younger than six, child care subsidies and employment insurance family supplements.

Other assorted benefits are available to grandparents who adopt their grandchildren or for those who took in their grandchildren through the government’s foster care ministry. These benefits may be vital for grandparents who no longer work full time or who no longer possess the same earning potential that they did when they raised their own children. In addition to these various benefits programs, grandparents who care for their grandchildren may be eligible for certain tax deductions and credits.

British Columbia provides certain benefits to grandparents and other relatives in whose homes children are living. The living arrangements of the child in the relative’s home determine the types of benefits for which the caregiver is eligible. For more information regarding available benefits, grandparents who have their grandchildren living with them may wish to discuss the specifics of their situation with a lawyer who accepts family law cases. The lawyer may help identify available benefits and assist the grandparents or other relatives with preparing and submitting the program applications.

Source: Family Law, “Benefits for grandparents and other relatives raising children“, December 10, 2014

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

The rights of a stepparent in British Columbia

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Wednesday, November 26, 2014.

A stepparent in British Columbia who separates from that child’s legal parent may still maintain a relationship with that child. In some cases, each party will agree to visitation and custody arrangements assuming that such visitation or custody is in the best interest of the child. If the two parties cannot agree on their own, it may be up to a judge to determine if a step-parent should have visitation or custody rights.

A stepparent may be allowed to become the legal guardian of the child. A judge will have to determine whether or not it would be in the child’s best interest. Furthermore, guardianship cannot be granted outside of a court order even if it is part of a written agreement.

Depending on the nature of the relationship between the stepparent and the child, the stepparent may be responsible for paying child support. This may be true if the stepparent was married to the child’s parent for two years and also lived with the child. Additionally, the stepparent would need to have supported the child financially for one year. An application for child support would need to filed no more than a year after the separation took place. If these two conditions are not met, a stepparent generally does not owe child support for stepchildren.

Parents who seek child support or cannot agree on other parenting arrangements may wish to speak with a family lawyer. A lawyer may be able to help establish that he or she is entitled to support or custody. This may be done by proving that providing increased support or parenting rights is in the best interest of the child, which trumps the interest of any other party involved.

Source: Family Law in British Columbia, “Step-parents’ rights and responsibilities“, November 26, 2014

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

Can a non-parent gain custody of a child?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, October 17, 2014.

Ontario families are diverse, and as such, guardians come in many forms. Parents are not the only people who care for children, and in many cases, non-traditional families may want to add official legal status to their relationships. Fortunately, there are numerous ways to gain custody, which would give a person the ability to make decisions about health care, education and other vital aspects of a minor’s life.

Under the provisions of the Family Law Act, individuals who are not already guardians must submit formal applications to gain such status. These applications include court-mandated affidavits that incorporate criminal background and general records checks. If the children have been under the applicant’s care previously, courts may additionally require information about their living arrangements and other considerations. The court determines how evidence will be received and what kinds of reports are needed to accurately assess the child’s welfare.

Guardianship may also be assumed by appointment upon the death or incapacitation of a previous legal guardian; this status is generally conferred via a will or the Family Law Act Regulation’s Form 2. It is important to note, however, that in such cases, the new guardian will not be given more responsibilities than the previous one had the right to grant.

Although the Family Law Act makes provisions for many forms of guardianship transfer, each situation is unique. The rules one family has to follow may be markedly different from those another is bound by, especially when child custody changes follow potentially hectic events, like divorces, domestic abuse allegations or deaths. Many families choose to obtain case-specific guidance from legal advisers so they can avoid mistakes and pursue a favourable outcome.

Source: The Canadian Bar Association, “How are parental responsibilities and parenting time decided?”, October 16, 2014

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

How can a parenting plan help after divorce?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, September 26, 2014.

Some residents of British Columbia may have an interest in learning about the creation of parenting plans after separation or divorce. Although it can sometimes be difficult for parents to come to such an agreement after their separation, doing so may be necessary for the well-being of any children whom they may have.

For example, ensuring access to quality health care is often one of the most important considerations for a child’s parents to resolve. It may be necessary to decide how one parent will inform the other in the event of an emergency and which parent will be charged with caring for the child when they are ill. Similarly, parents might need to decide where a child will attend school and which parent will be responsible for attending the related academic functions. Decisions regarding religious instruction and upbringing might also be an area of contention for some parents.

Even in situations where the parents’ personal relationship with one another has been damaged, a parenting plan may remain a necessity. Indeed, such a plan can even simplify and limit parental interaction by clearly stipulating one another’s expectations in given circumstances and clarifying what aspects of a child’s life for which each is responsible. In this way, a parenting plan can further facilitate life after divorce and reduce potential complications.

Although the end of a marriage can bring a sense of freedom, the presence of children can inherently require a degree of continued contact between former spouses, which may not be entirely welcome in cases where the separation was less than amicable. Lawyers could help in the development of a parenting plan that is tailored to the individual circumstances of those involved. A well-crafted parenting plan may further the best interests of the child and help ensure that each parent continues to cultivate their mutual relationships with the child.

Source: Government of Canada Department of Justice, “Parenting Plan Checklist“, September 23, 2014

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

Examining the types of child custody in British Columbia

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, September 16, 2014.

British Columbia parents may be interested in an article discussing the types of child custody available through the court system. Knowledge of these different arrangements may be useful when negotiating a custody agreement with a former spouse.

Under the federal Divorce Act, when a couple who has a child together divorces, they will apply for custody of that child during the divorce process. The term custody refers to the right to spend time with a child and the right to take part in the major decisions in a child’s life. There are three major types of custody. The first is sole custody, which allows only one of the child’s parents to make important parenting decisions. The child generally lives with that parent most of the time as well.

Another type of custody is known as joint custody. Joint custody involves both of the parents in the major decision-making and parenting time to varying degrees. The amount of parenting time does not have to be equal in these arrangements. Decisions about the child’s upbringing, however, generally require the consent of both parents. When each parent spends at least 40 percent of the time responsible for the child, this is known as shared custody. Lastly, split custody is a situation where there is more than one child, and some live with one parent while others live with the second parent.

Decisions regarding child custody and living arrangements are either made through agreement by the parents or by a court. The court seeks to serve the best interests of the child. A lawyer may be able to help throughout the child custody process, either by negotiating an agreement on behalf of one parent or representing them in front of a judge.

Source: Family Law in British Columbia, “Custody“, September 15, 2014

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

BC mother not required to relocate after appeal

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Wednesday, August 20, 2014.

After a British Columbia Supreme Court ruled that an Okanagan mother would have custody of her child but be required to move to Chetwynd, she has now had the ruling reversed by the British Columbia Court of Appeal. She will no longer be required to change her living arrangements in order for the girl’s father, who lives in Chetwynd, to have access to their daughter.

In the previous case, the British Columbia Supreme Court had decided that the father would have easier access to the child if the woman returned to Chetwynd, where she lived during the pair’s brief marriage. The judge also noted that both parents would have higher earnings if they both worked there. The mother had an income of $69,000 as a math teacher when she lived in Chetwynd; however, her income decreased sharply to $40,000 when she moved to the Okanagan. The father works as a mine electrician and earns $95,000 a year.

The mother argued that the judge should not be able to order her to relocate after awarding her custody. The Court of Appeal agreed with her argument, saying that even though a court can prevent a parent from relocating with a child, it cannot require that an individual be “indentured” to a certain community. Additionally, the appellate court ruled that the father can still have parenting time with his two-year-old daughter for five consecutive nights because he has a 14-day rest period from work each month, but he will be responsible for paying for his travel to see his daughter and will not be allowed to remove her from the area to Chetwynd.

This case shows that even after a court ruling determining custody and child access, there may be hope for appealing the ruling to potentially obtain a less limiting result. A family law lawyer may help a parent in a situation like this to prepare an appeal and demonstrate that relocation could cause certain hardships for one or both parents.

Source: Times Colonist, “B.C. Court of Appeal overturns divorce ruling that forced mother to move “, Kim Pemberton, August 14, 2014

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

Family Law Act aims for cooperative approach to parenting

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Monday, August 11, 2014.

In March 2013, British Columbia passed the Family Law Act. This law focuses on the child’s best interests and the responsibilities of both parents toward the children after a divorce. One of the ideas behind the Family Law Act is that changing the language used to talk about parenting after a divorce may change the parenting approach.Divorce in Canada is governed by federal law, and the Divorce Act uses words like custody and access. The provincial Family Law Act governs parentingarrangements and has eliminated the use of these terms. Instead, it uses words like guardianship and contact and refers to parenting time and parental responsibilities. The aim is to eliminate the idea of one parent winning over the other.The change in language also reflects an increased respect for and acknowledgement of each parent’s role in raising the child whether or not that parent is the primary guardian. The Family Law Act also emphasizes working to keep parenting arrangements out of court and using professionals in dispute resolution to settle differences. This push toward cooperative parenting does not mean that individuals should not work with lawyers when they are negotiating parenting time. In fact, working with an attorney may be a good idea because it might ensure better negotiations. Sometimes, an emotional situation benefits from the involvement of a disinterested third party. Using the Family Law Act, parents and their attorneys might negotiate an agreement that does not result in 50/50 parenting time but is in everyone’s best interest. For example, if one parent travels a great deal for work, the parenting arrangement might be negotiated to deal with that. The child would spend more time with the parent who is home more with flexible arrangements to accommodate the schedule of the other parent.Source: JusticeBC, “Parenting Apart“, August 07, 2014

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

Statistics reflecting child custody agreements in Canada

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Monday, August 4, 2014.

When couples in British Columbia with children get a divorce, there are multiple options for child custody and parental contact that could come into play. The National Longitudinal Survey of Children and Youth provides a number of statistics related to child custody arrangements.

Of the cases included in the survey, mothers were most likely to gain exclusive custody. While 12.8 per cent of cases resulted in shared custody, fathers only gained exclusive custody 6.6 per cent of the time and mothers gained exclusive custody 79.3 per cent of the time. The numbers also differ based on the age of the child. While the mother gained custody in 80.6 per cent of cases in which the child was five years of age or younger, when the child was between six and 11 years old, the mother gained custody only 74 per cent of the time.

When it came to contact with the non-custodial parent, of the 86.2 percent of children who lived with their mother only, 14.8 per cent of children never visited with their fathers. Another 24.6 per cent of children who lived with their mothers visited with their fathers irregularly, and 46.8 per cent saw their fathers at least every two weeks. In the 7.3 per cent of cases where the father gained custody, only .7 percent of children never saw their mothers, 2.2 per cent of children saw their mothers irregularly, and 4.4 per cent of children saw their mothers at least every two weeks.

Couples going through divorce may not be sure what living arrangements would be best for their children. Individuals may want to work with a lawyer to come up with the best possible child custody agreement.

Source: Canada Department of Justice, “Selected Statistics on Canadian Families and Family Law: Second Edition“, July 31, 2014

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

Parental rights of sperm donors in question

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Monday, May 12, 2014.

In British Columbia, legislation provides that a sperm donor does not have automatic parental rights. In the rest of the country, there is no definitive case law pertaining to the obligations and rights of sperm donors. It is unknown how many sperm-donation births occur each year since the sale of donor sperm is illegal, but in the United States, where it is legal, it is estimated that 30,000 of these births occur annually.

Sometimes, a sperm donation occurs because a couple is unable to conceive a child through standard means. This is the case of actor Jason Patric, who is undergoing a custody battle in the California court system. California is like most of Canada with no definitive case law for this type of situation. Patric and his former girlfriend were in an on-and-off relationship for nearly 10 years before they opted for in-vitro fertilization with Patric as the donor. Their son was born in 2009, but the actor’s name was not included on the birth certificate.

The couple dated again for about two years with Patric active in his parenting role. After the couple broke up in 2012, the court sided with the former girlfriend in a custody dispute since there was no father listed on the birth certificate. Patric had desired shared custody, but the court instead granted his former girlfriend’s request for a restraining order, which is still in place.

An appeals court may agree that denying access for a father who has been active in the life of his child is not in the best interests of the child. However, some worry that a court decision in this direction would allow for single mothers to seek child support from those fathers who wished only to donate sperm and not participate in the lives of their biological children. It has been stated that each case is unique and should be examined as such, taking into consideration what would benefit the children the most.

Source: Jason Patric’s custody battle a cautionary tale on parental rights, “Jason Patric’s custody battle a cautionary tale on“, Leah Mclaren, May 08, 2014

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

Overseas parental kidnapping cases and the law

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, May 2, 2014.

Data shows that families in British Columbia and across Canada have seen a 40 per cent rise in parental kidnappings and custody battles between nations since 2009, according to the Department of Foreign Affairs. Toward the end of April, the department was addressing 240 active cases that involved international parental kidnappings. Many of the cases involved other nations that have agreed to the terms of the Hague Convention, an international treaty that attempts to work out parenting terms in cases between two countries.

One father talked about his battle to regain custody of his two boys after their mother brought them to Poland without his knowledge. She now refuses to send them home even though the courts in both nations have ruled in his favour. He explained that his sons were born in Canada and expressed his frustration that they were taken out of the country. He decided to start a group for parents in similar situations and cited unofficial reports of how many international child abductions occur each year in Canada. A person in upper management at the Canadian Centre for Child Protection admitted that these cases are very complicated.

When a country has not agreed to the terms of the Hague Convention, the cases can become even more frustrating for left-behind parents. However, it was not clear how many cases involved countries that did not agree to the Hague terms. Part of the problem stems from the marriage of two people from different countries, the birth of their children and a subsequent divorce.

International parental abductions can be some of the toughest cases in family law, and the problem is becoming more frequent as globalization increases. The province insists that children of separated or divorced parents have their time divided between the parents in such a way that it benefits the children, not the parents, the most.

Source: Windsor Star, “International parental abductions, cross-border custody battles up”, Lee Berthiaume, April 27, 2014

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