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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

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

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

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