Best Free Vancouver, BC Family Lawyer Tips for your BC Child Custody Case, Vancouver Child Guardianship and Surrey Child Access Case
Are you involved in an important BC child custody, guardianship and access case? If so you MUST WATCH OUR VIDEO AND READ THIS ARTICLE IMMEDIATELY AND THEN CALL US at 604-602-9000 or Province wide toll free at 1-877-602-9900.
Our MacLean Family Law Group associate, Leena Ronak Yousefi, is an BC Iranian family lawyer who is fluent in Farsi, Spanish and English and eager to help you with your BC child custody case.
The new BC Family Law Legislation Family Law Act which will be formalized in July of 2012 in British Columbia reiterates the best interest of children test as a paramount consideration in deciding the care, custody, guardianship and access of children. Children are the most important issue in family litigation when spouses do not agree on their custody or each wants to have ‘full’ custody of children. Child Custody litigation can be lengthy and expensive but good lawyers can focus on a speedy negotiated settlement if they are experienced in the area.
Here are four tips for preparing your custody affidavits or giving evidence on the stand: (more…)
Some of the most difficult custody cases are those where one parent moves away with the children, leaving the other parent with restricted access as a result. Where such a move is opposed by the other parent, these are termed “mobility” cases. The new BC FAMILY LAW ACT sets out important new tests and factors for BC courts to apply. Call us at 1-877-602-900 immediately if you have an issue in this regard.
The new BC Family Law Act which received Royal Assent on November 24, 2011 contains extensive provisions with respect to parenting arrangements including mobility. These provisions, which are not yet in effect, will require a parent who plans to relocate with a child to provide at least 60 days written notice to the other parent provided that the other is the child’s guardian or has “contact” with the child, the latter being akin to access under the current legislation.
The relocation may then occur on or after the date set out in the notice unless the other parent, within 30 days after delivering the notice, files an application for an order to prohibit the relocation.
If an application is made, the court can then make an order permitting or prohibiting the relocation.
The relocating parent must satisfy the court that the proposed relocation is made in good faith – and in this respect the court will look at whether notice was given, whether there are any restrictions on relocation in a written agreement or order, and whether the proposed relocation is likely to enhance the general quality of life of the child and if applicable of the relocating parent – and that he or she has proposed reasonable and workable arrangements to preserve the relationship between the child and the other parent.
If the court is satisfied that this is the case, provided that the parents do not have substantially equal parenting time, the relocation is then considered to be in the best interest of the child unless the other parent satisfies the court otherwise.
If the parents do have substantially equal parenting time, the relocating parent must also satisfy the court that the relocation is in the best interests of the child.
A parent applying for a variation of a custody or access order must meet the threshold requirement of demonstrating a material change in the circumstances affecting the child. A proposed move which would affect an existing access order may be sufficient to meet the ‘”material change” threshold. (more…)
BC High Conflict Divorce and Family Lawyers Lorne MacLean QC and Yousefi
What Does a BC High-Conflict Custody Dispute Look Like?
As Vancouver BC high net worth and complex BC family law case lawyers who approach divorce cases in a firm, fair and objective matter we constantly struggle to deescalate conflict and maintain objectivity so we don’t become a mere mouthpiece for our client. While we advocate tirelessly for our client we also view it as our duty to do a cost benefit analysis for them and help them achieve a sustainable settlement as opposed to handling the matter with a scorched earth policy. If you are confused about your rights and responsibilities and are receiving conflicting unsolicited advice form your friends and relatives, no doubt well meaning but often dangerously off base, you should call us at 604-602-9000 or any of our offices outside downtown Vancouver, in Surrey at 604-560-6007, Kelowna at 250-861-9002 or Fort St John at 250-262-5052.
In a recent article on the Peaceful Shared Custody website high conflict divorce and child custody indicia were summarized.
In his article, The Early Identification and Streaming of Cases of High-Conflict Separation and Divorce(2001), Dr. Ron Stewart explains that high-conflict custody disputes can be identified by the presence of a distinct set of markers. The more markers present, the more likely it is that the case involves high-conflict:
One or both parents have a history of criminal convictions
A child protection agency is involved in the dispute
One or both parents have made several lawyer changes
The case is continually in and out of court
The court case drags on for months or years
There is a history of the court denying one or both parents access to the child or requiring that their access be supervised by a visitation monitor
One or both parents have a history of mental health problems including, but not limited to, depression, anger, withdrawal and non-communicative behavior
History of violent and abusive behavior while the parental relationship was intact
A tendency to vilify anyone perceived to be aligned with the other parent
Inability to see the difference between their needs and the child’s needs
Rigid and inflexible thinking about relationships and child development
High degree of distrust and a history of poor boundaries
A tendency to involve the children in the custody dispute
A pattern of aligning with the child or alienating the child from the other parent
Shelagh Kinney, Vancouver BC family lawyer and divorce lawyer at MacLean Family Law Group offers the following key tips to reduce last minute Christmas BC child custody and Vancouver child access or child parenting time and child contact problems. Call her at 1-877-602-9900 or email her at shelagh@bcfamilylaw.ca
Santa Likes Christmas BC Custody and Access Application Lawyers
Twas the week before Christmas, when all through the courts
Time to hear access motions was coming up short
The papers were filed by the lawyers with care
In hopes that a Judge soon would be there……….
Every year we assist clients with the issue of holiday access time with their children. Although, happily, many parents are able to agree on these arrangements, at times the assistance of a mediator, a parenting coordinator, or the intervention of the Court is required to determine or enforce a parenting schedule over holidays.
Please be aware that the time leading up to the Christmas vacation is a busy one for the Courts who deal with access matters, and court time is often limited. For example, the Supreme Court of British Columbia takes a Winter Break commencing December 18, 2011 through to the end of the year, during which time there is only limited access to Judges which are usually confined to matters of urgency. As there are generally time requirements for service of court applications before a hearing can proceed, the available time to address any applications for access for the upcoming holidays is as a result already quite limited.
Some parents have very specific agreements or orders which set out precisely the time that each parent has with the children, both on a regular weekly basis and during vacations. Others may have more general terms such as “reasonable and generous access including holiday access”. If you have the latter type and cannot agree with the other parent on what your holiday time will be this year or on such issues as travel with the children, or if the other parent has advised that he or she will not comply with the specified terms, we can provide you with advice on these matters.
Shelagh Kinney of our office is an experienced custody and access lawyer, a family law mediator, and a member of the BC Parenting Coordinators Roster. To arrange an appointment with Shelagh or another member of our team, please contact our office. Telephone appointments for clients outside of the Lower Mainland are available, and lawyers from our firm are in Fort St. John and Kelowna and available for initial consultations.
ARI WORMELI CKNW RADIO GUEST OF BILL GOOD AND FAMILY LAWYER
We are delighted that Ari Wormeli of our offices was interviewed by Bill Good today on CKNW 98 radio as he explained the proposed new BC Family Law Act.
BC “parenting time”, “contact”, guardianship and notably “PARENTING RESPONSIBILITIES” are phrases the Vancouver family law lawyers at the MacLean Family Law Group want you to be aware of now that the new BC Family Law Act is on its way to being proclaimed in force over the next 18 months. If you are involved in a divorce then custody and access are still terms that will be used in child custody cases. We have highlighted some key concepts of the new Act for you. if you are involved in the custody, access and guardianship case and one find out more about the new legislation call us at any of our four offices in British Columbia or toll-free at 1-877-602-9900.
39 (1) While a child’s parents are living together and after the child’s parents separate, each parent of the child is the child’s guardian.
(2) Despite subsection (1), an agreement or order made after separation or when the parents are about to separate may provide that a parent is not the child’s guardian.
(4) If a child’s guardian and a person who is not the child’s guardian marry or enter into a marriage-like relationship, the person does not become a guardian of that child by reason only of the marriage or marriage-like relationship.
Parenting arrangements
40 (1) Only a guardian may have parental responsibilities and parenting time with respect to a child.
Parental responsibilities
41 For the purposes of this Part, parental responsibilities with respect to a child are as follows:
BC Access, Contact and Parenting Time Denial Enforcement Lawyers
The new BC Family Law Act bill provides new enforcement options where there has been a denial by one parent of allowing their child see the other parent. For the 1st time there will be statutory enforcement provisions for parents who refuse to exercise access- now called contact as well as to enable the contact parent now known as the access parent to promptly obtain remedies for access denial. Notably, the rights to these new enforcement options must be exercised within 12 months of the denial.
The proposed new section reads as follows:
Denial of parenting time or contact
61 (1) An application under this section may be made only
(a) by a person entitled under an agreement or order to parenting time or
contact with a child, and
(b) within 12 months after the person was denied parenting time or contact with a child.
(2) If satisfied that an applicant has been wrongfully denied parenting time or contact with a child by a child’s guardian, the court on application may make an order to do one or more of the following:
(a) require the parties to participate in family dispute resolution;
(b) require one or more parties or, without the consent of the child’s guardian, the child, to attend counselling, specified services or programs;
(c) specify a period of time during which the applicant may exercise compensatory parenting time or contact with the child;
(d) require the guardian to reimburse the applicant for expenses reasonably and necessarily incurred by the applicant as a result of the denial, including travel expenses, lost wages and child care expenses;
(e) require that the transfer of the child from one party to another be supervised by another person named in the order;
(f) if the court is satisfied that the guardian may not comply with an order made under this section, order that guardian to
(i) give security in any form the court directs, or
(ii) report to the court, or to a person named by the court, at the time and in the manner specified by the court;
(g) require the guardian to pay
(i) an amount not exceeding $5 000 to or for the benefit of the applicant or a child whose interests were affected by the denial, or
(ii) a fine not exceeding $5 000.
(3) If the court makes an order under subsection (2) (a), (b) or (e), the court may allocate among the parties, or require one party alone to pay, the fees relating to the family dispute resolution, counselling, service, program or transfer.
Shelagh Kinney Family Lawyer and Parenting Coordinator
Shelagh Kinney of our offices is a senior family lawyer and parenting coordinator and she recently appeared as a guest of Judge Brownstone’s hit TV show Family Matters TV which airs each Friday on Chek TV at 7 PM and again on Saturdays at 3 PM as well as across Ontario Tuesday nights at 1030PM EST on CHCH.
Shelagh Offers the following tips on parenting Plans:
A parenting plan is a document that states when the children will be with
each parent and how decisions will be made. Parenting plans can provide a child regular contact with both parents so the child has a genuine, on-going relationship with each parent, unless this contact is not in the child’s best interests. The parenting plan may be developed by the parents, through mediation, with the help of their lawyers, or by a judge after a trial or
hearing.
The Premiere TV episode of Family Matters TV hosted by trail blazing Judge Harvey Brownstone and his guests including Lorne MacLean who explained the heartbreak of parental Alienation and how to identify it and stop it, has garnered significant praise from viewers together with media articles in the Globe and Mail and Vancouver Sun and interest from CBC Current, Law Times and Lawyer’s Weekly.
Here is a sample comment:
“You were terrific Lorne, in fact I got an email from a friend in Ontario and he said, you were right on the money and gave a great presentation as did Justice Brownstone, he was thrilled with the whole program.”
There are 15 episodes and several of our lawyers guest on the show. It is airing across Ontario in Prime Time and across BC shortly on CHEK and other stations as well as across Canada and into the United States and other markets given its popularity.
GREAT NEWS- PARENTAL ALIENATION EPISODE WITH GUEST LORNE MACLEAN TO AIR IN PRIME TIME THIS WEEK
CHEK TV RESPONDS TO FAN DEMAND AND WILL NOW BE AIRING THE HIT TV SHOW FAMILY MATTERS TV EVERY FRIDAY AT 7 PM AND AGAIN ON SATURDAY AT 3 PM
GET TONS OF FREE ADVICE FROM JUDGE BROWNSTONE AND LORNE MACLEAN, MANNY WITZMAN AND SHELAGH KINNEY OF MACLEAN LAW GROUP!iframe src=”http://www.youtube.com/embed/lvaf9O2-w5g” frameborder=”0″ width=”640″ height=”480″
As Kelowna BC family lawyers we are often asked at what age a child’s wishes in a Kelowna or British Columbia child custody, guardianship and access case are determinative. As a Kelowna family lawyer I know that conventional wisdom suggests around age 12- But the Court must be alive to just how well considered and free from influence the wishes are. I sometimes tell courts and my clients “a child has a voice but not the ultimate choice.”
The new White paper on Family Law Reform in BC includes a directive will “provide for consideration of a children’s views unless it would be inappropriate” to encourage greater inclusion of children’s views in child parenting time and contact cases. There are several ways to obtain the children’s views in a child custody, parenting time and contact case:
A full section 15 custody and access report could be prepared by a psychologist who will review written materials provided by the parties, interview the parties, interview the children, conduct a home study of each parent with the children, perform psychological testing of the parents and sometimes the children, speak with third-party witnesses provided by the parties and provide the court with a written report after the investigation has been completed. The person who prepared this report is a forensic psychologist and unless the report is accepted by both parties this person will appear at court to be cross-examined by lawyers or parties from both sides.
A shorter more focused-views of the child report -can be prepared by a experienced lawyer or psychologist who will meet with the children and obtain statements from them concerning what they would like to see happen in their child custody case and this report can contain analysis opinion and recommendations.
A new type of report-the voice of the child report- is often used in mediation, collaborative law, parenting coordination files and court proceedings. In this case a trained professional will meet with the children, interview them and prepare a report detailing the discussions with the children to assist the parties or the court is making the ultimate decision concerning what is in their best interest as far as custody, parenting time and contact time is concerned. This report contains no opinion or recommendations. This report can be helpful in high conflict cases as the parents may sometimes be helped by knowing what their children are saying about their dispute.
Our Kelowna family lawyer’s office phone number is 250-861-9002 and our Kelowna of office is located at 210-347 Leon Ave. in Kelowna British Columbia. If you have a Kelowna family lawyer or Vernon BC child custody and guardianship or access case and need help don’t hesitate to call us.
You should be aware that recent case law, psychological studies show children are more satisfied with the result knowing they had some input and impending changes to our British Columbia Provincial child custody legislation will specifically direct the judge making the BC child custody in the case consider the wishes of the child in child custody and access cases.
The United Nations Convention On The Rights Of The Child (―Convention‖) mandates that the child be given the opportunity to have her voice heard in all matters that bear upon her well- being and that her thoughts and feelings, thus obtained, should be considered by the court as a function of her age, maturity, and larger best interests.
Sumit Ahuja just had a fine win for a very pleased client whom he obtained sole custody for after several court appearances to deal with a mother who disobeyed a number of court orders.
Here are the unsolicited heartfelt kind words for one of our newest Associates Sumit Ahuja of our Surrey Office:
Mr. Lorne, I worked with lawyers before and I was very disappointed , they did nothing for me. Finally I surfed the internet and found your excellent website and Law Firm. I must tell you that I am extremely pleased with the service from your firm meeting first with you and then Sumit. He is the best lawyer I ever had it is a pleasure having him represent me in my family case. Sumit is one of the most promising lawyers I have ever met, very professional confident and communicative. It is very comforting to know that whenever I called him I actually got to speak to him, he was always there for me when I needed. He is handling my case very professional manner, is a person of integrity who treats his clients with dignity and respect. I will always recommend Your Firm and Mr. Sumit without hesitation to any one who has need of an Family Lawyer.
Call us today at any of our four offices across BC in Vancouver, Surrey, Kelowna or Fort St John or toll free 1-877-602-9900.
1.877.602.9900
