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What kinds of actions can undermine mediation?

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Friday, February 12, 2016.

Divorce mediation can be an invaluable tool for those who want to make the process of ending their relationships as quick and painless as possible. However, mediation is also a rather fragile process, and it doesn’t take much for one party to feel like the other is being too adversarial for it to work. Here are a few of the things to avoid when you are working through a divorce mediation.

One of the biggest things to avoid is dating. While you may want to focus on moving on quickly, there are often still a lot of feelings involved with couples who are divorcing. If your soon-to-be ex-finds out that you are already romantically involved with someone or actively looking for a new partner, there could be enough of a flare up in the anger and resentment to stall or put a complete stop to your mediation negotiations.

It’s also a good idea to avoid airing your divorce on any social media. While you’re at it, you’ll also want to avoid snooping on what your ex is doing too. Social media pages are fair game if the mediation doesn’t work out and the case ends up going to trial. Keeping track of what your ex is saying or doing makes it harder for you to be objective in the mediation process.

It’s best to go over what you should avoid and what is OK during the mediation with your lawyer. Having this conversation early on in the process makes it easier for you to be able to give mediation your best effort.

Source: Forbes, “Divorcing Women: Don’t Make These Five Costly Mistakes,” accessed Feb. 12, 2016

Lawyer Coquitlam BC

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

Kelly Rutherford loses right to travel with children

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, December 24, 2015.

After more than three years, the custody battle between Daniel Giersch and actress Kelly Rutherford has come to a close. The couple has been involved in a heated custody dispute over their two children, now ages 6 and 9, since their divorce in 2012. At that time, Giersch had to return to Europe after there was an issue with his visa, and the judge in the case ruled the children could go to live with him since he would not be able to travel to the United States to see them.

The parents continued to disagree over the custody arrangement, however, with both sides accusing the other of parental alienation and making it difficult to have the court-ordered access to the children. The case came to a head earlier this year after the children had been in the United States to spend their summer vacation with their mother. At the end of the court-ordered visitation time, Rutherford refused to return the children.

It appears she had hoped that the U.S. courts would grant her custody of the children and allow them to come live with her again, but because she had moved from her original state of residence, the U.S. courts refused jurisdiction, officially sending the case to Monaco where the children have been living for the past few years.

The Monaco courts sealed their jurisdiction after they awarded Giersch full custody of the children and limited the actress’ visitation with the kids to Monaco or France. It is believed that the actress’ refusal to return the children earlier this year weighed heavily in this decision because she proved she could not be trusted to abide by the court order.

This very long and complicated case is a good example of everything that can happen when you are dealing with international custody cases. It also shows why it is important to always abide by the standing court orders and go through your lawyer to make and file for a modification.

Source: Cambridge Times, “Kelly Rutherford will ‘do better’,” Dec. 16, 2015

Lawyers Coquitlam BC

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

How can I make coparenting easier during the holidays?

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

The holidays are an exciting time for young and old alike as the magic of the season bring the year to an end. This is usually a time for family traditions and seasonal get-togethers, but if you and your ex-are divorced, it can make figuring out how to handle the holidays with children challenging. Children can often feel caught between their parents during this time, but taking a few simple steps can help you navigate co-parenting the holidays with ease.

Almost all couples who are divorced with children have some type of formal schedule for parenting time. This is usually done to ensure the children get enough access to both parents, and it also helps decrease communication issues and conflict between the parents as well.

However, the holidays are a time when you may want to be more flexible if your situation allows for it. If you are on good terms with your ex, it might make sense to talk about how you want to handle the holidays and any special gatherings and make a parenting schedule that best fits that plan. As always, try to put this in writing for easy reference for both sides.

It’s also important to remember that the focus should continue to remain on the children. If you want your children to accompany you to your employer’s annual Christmas party but they’d rather go pick out a tree with your ex, it might be best to let the children pick. It’s important during this season to always pause and honestly evaluate your decisions to ensure they are in the best interests of the children.

Source: The Huffington Post Canada, “3 Tips For Creating Joyful Holidays As Co-Parents,” Anna Giannone, accessed Nov. 30, 2015

Real Estate Lawyer Coquitlam BC

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

What assets may be considered non-family assets in a divorce?

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Tuesday, May 19, 2015.

Non-family assets are the items that will be split between spouses. Those may be things like a shared family home in both people’s names or savings accounts that are shared. pensions, RRSPs, business ventures and other items could also be identified as family assets.

There are some items that will not be considered family assets. Because they aren’t, the assets are very unlikely to be split between the people divorcing and will go to the original owner. Things that may fall into this category include assets you owned before you got married, assets you gained after separating from your spouse, personal injury settlements and court awards, gifts you received from your spouse, business assets, and inheritances.

To determine if an asset is a family asset or not, you need to decide if it was ordinarily used or intended to be used for the family. In court, it’s up to you to prove that an asset isn’t a family asset; if you don’t take the time to defend your right to those assets, then you will likely have to split them with your ex-spouse. This is because Canadian laws recognize all assets as shared family assets unless proven otherwise.

Things that were once considered solo assets could become family assets over time, which is something to consider. For example, if you receive an inheritance and keep it in a private account, it stays in your possession. However, if you share the account and use it for shared purposes, then it could be considered a family asset and result in you having to share it in a divorce.

Source: Law Courts Education Society of BC, “Property and Asset Division,” accessed May. 19, 2015

Real Estate Lawyer Coquitlam BC

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