Posts belonging to Category divorce court

Coach Judy’s Practical Tips: How Children Are Effected by Divorce

Coach Judy’s Practical Tips: What to Avoid So Children Can Achieve Success If you could turn back the clock just before the relationship deteriorated or during the legal process, what would you have done differently to save the pain and anger you or your children may be experiencing then or now? Too often, relationship end [...]

BEWARE OF TAKING YOUR CHILD TO A MENTAL HEALTH PROFESSIONAL WITHOUT THE OTHER PARENT’S KNOWLEDGE

For years, I have had a philosophy of not entering into a custody action without some supporting testimony from a mental health professional.  Often, there are issues reported by the children that can be brought out through the testimony of the mental health professional and one doesn’t want the other party to know this is [...]

THE DANGER OF THE SCHOOL ADMISSION FORM IN CUSTODY CASES

School admission forms become an issue in many custody cases.  In some cases, a Mother involved in divorce is angry at the Father, so she doesn’t list him on the school form.  In other cases, Father will list his new wife (the step mother) as the mother and neglect to list the children’s natural mother.  These [...]

CAN BOTH PARTIES GET A DIVORCE ON FAULT GROUNDS? WHAT IF BOTH HAVE GROUNDS?

The question often arises, “Who will get the divorce if both parties are guilty of adultery?” Or, “I might have been guilty of adultery, but she was guilty of cruelty, so that’s why I committed adultery; who will get the divorce?”  The answer is that a court cannot grant a divorce to both parties.  The [...]

ATTORNEYS AND PARTIES BEWARE: AGREEMENTS FOR DIVORCE ON IRRECONCILABLE DIFFERENCES ARE SUBJECT TO COURT APPROVAL

It is fairly well known that an Agreement for divorce on Irreconcilable Differences is always subject to review by the Court for reasonableness, particularly in relation to children and child support.  Thus, even though parties might agree to something, a court could disapprove of it and not allow the divorce to go through.  This obligation [...]

WHAT ARE CUSTODY RIGHTS BEFORE THERE’S AN ORDER?

Before a court has entered some form of order, each parent has equal rights to custody. Unfortunately, if parents choose to, they can play a vicious and destructive game of “keep away.” Sometimes a “keep away” strategy is necessary, but in such cases, court assistance should be sought as soon as possible. Until there is [...]

PROTECT YOURSELF FROM HAVING LANGUAGE INTERPRETED AGAINST YOU WHEN YOU ARE THE DRAFTER

All attorneys know there are “rules of construction” in the interpretation of contracts and agreements.  These rules call for the Court to first see if the language is clear without further testimony.  If the language is not clear, the Court might hear testimony as to the intent of the parties.  If the intent is still [...]

YOU CAN CHANGE YOUR NAME IN YOUR DIVORCE

All too often, a female client will think about changing her name after we have entered the divorce.  She wants to know how to do it.  This is a shame, because it is easy to incorporate the name change in the Order of the divorce with one sentence and it is done!  One consideration for [...]

IF IT AIN’T WRITTEN DOWN, IT WON’T HAPPEN

Divorce negotiation is a tricky thing.  It is much more complicated than a business negotiation because of the emotions involved.  It is also made difficult by the fact that few married people can negotiate at what we call “arms length.”  Each party has emotional leverage on the other.  Most often, one party has superior emotional [...]

New Family Law Act in BC– Leads the Pack in Canada

The fact that Bill 16, Family Law Act has been passed is a sign that the traditional system needed reform. The new act addresses some of the fundamental problems in the system and we look optimistically to the impact it has on children and families in general.  I do not think anyone can argue or [...]

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