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Posts Tagged ‘divorce lawyers’

BC High Conflict Child Custody Parental Alienation- Levels of Alienation

Saturday, February 19th, 2011

Lorne MacLean, BC Child Custody Lawyer, in Victoria BC handling a parental alienation case


Lorne MacLean and Ari Wormeli are just finishing week 4 of a highly contested BC parental alienation and or estrangement case. These cases require a tremendous amount of work to uncover which aspect and or parent is causing the children to ally with one against visiting the other parent. Such cases are heartbreaking below we set out what types of alienation can exist as well as what types of alienating parents may be involved.

LEVELS OF SEVERITY OF PA

When parental alienation is mild, the child resists contact with the alienated parent, but enjoys his relationship with that parent once parenting time is underway. The child may have a strong, healthy relationship with both parents, even though the child recites criticisms of the alienated parent.

When parental alienation reaches a moderate degree of severity, the child strongly resists contact and is persistently oppositional during parenting time with the alienated parent. The child is likely to have a mildly to moderately pathological relationship with the preferred parent.

When parental alienation is at a severe degree of intensity, the child strongly and persistently resists contact and may hide or run away to avoid seeing the alienated parent. The child’s behavior is driven by a firmly held, false belief that the alienated parent is evil, dangerous, or worthless. The child is likely to have a strong, severely pathological relationship with the preferred parent, perhaps sharing a paranoid worldview.

What are the levels of intensity of alienating behavior?
 
In his book, Divorce Casualties: Protecting Your Children from Parental Alienation, Douglas Darnall (1998) proposed a three-tier classification system, now in common use, that distinguishes between naïve, active and obsessed alienators:

Naïve alienators make negative comments about the other parent but without serious intent to undermine the child’s relationship with that parent. Their negative comments tend to be careless remarks, and, in general, naïve alienators support the child’s relationship with the other parent.
 
Active alienators are more consistent and determined in their alienating behaviors. There is an intentional desire to criticize and undermine the targeted parent. Deep down, however, active alienators realize that what they are doing is wrong and potentially harmful to the child.

Obsessed alienators are determined to destroy the child’s relationship with the targeted parent. Obsessed alienators are extremists. They pressure the child to adopt their own negative view of the targeted parent, put much pressure on the child to emphatically reject the targeted parent, and cannot tolerate a good relationship between the child and the targeted parent.

What are the recommended treatments for parental alienation?
 
When parental alienation is properly recognized, that condition is preventable and treatable in many instances. The appropriate treatment is determined partly by the severity of the parental alienation manifested by the child and partly by the intensity of the alienating behaviors manifested by the alienating parent.
 
If the parental alienation is mild, the treatment can be accomplished by a parenting coordinator who helps the parents communicate in a constructive manner and gives them specific advice regarding their approach to the child’s activities with the alienated parent.
 
If the parental alienation is moderate, the treatment typically includes more intensive therapy for the child, mother, and father, as well as meetings with the parenting coordinator. If there are multiple therapists involved with the divorced family, they must agree regarding the nature of the problem and the goals of the treatment (Darnall, 2010).

If the parental alienation is severe, traditional forms of psychotherapy may not be effective. As time goes on, children with parental alienation become intractable in their false beliefs and their mental condition resembles that of individuals with delusional disorder. If the parental alienation is severe, it has usually been induced by an obsessed, alienating parent. Also, in some cases of moderate parental alienation, the cause of the condition is an obsessed, alienating parent. In both moderate and severe cases of parental alienation – when it is caused by an obsessed, alienating parent – it is necessary to greatly reduce or even eliminate the child’s exposure to that parent. See Gardner (2001), Darnall (2010), Warshak (2001, 2010), and Warshak and Otis (2010).
 
In such cases – when the parental alienation has been caused by an obsessed, alienating parent – it is necessary to transfer the children’s custody from the alienating parent to the custody of the alienated parent or perhaps to the temporary custody of a neutral caregiver. Once the child has been removed from the influence of the alienating parent, it is possible to help the child re-establish a comfortable, healthy relationship with the alienated parent. After that has occurred, it should be possible to allow contact gradually with the alienating parent, although that parenting time may need to be supervised. The ultimate goal is for the child to have a good relationship with both parents.

BC DIVORCE and Holiday Season Financial Stresses and Child Custody

Tuesday, December 28th, 2010

BC DIvorce Lawyer Lorne MacLean in Kelowna BC


Here is an article we feel relates well to BC divorcing parents who face BC child custody and BC child and spousal support challenges that we obtained from social worker Gary Direnfeld in a past post which we felt appropriate at this time of year.

Happy Holiday Season Depends on Family Financial Planning

Many kids have parents convinced that life will just be a bust without the latest video game or hottest cell phone. With the recession looming large though, parents are struggling to shelter the children from their financial and employment woes, yet bestow upon them a memorable Christmas.

As parents withhold their concerns, their children continue to up the ante for this year’s Christmas take. The risk is either a disappointing Christmas or overwhelming New Year’s bills.

The challenge is for parents to resist the incoming tide of subtle and not so subtle expectations.

To reduce the risk of Christmas gift disappointment and overwhelming bills, try some family financial Christmas planning with these strategies:
Be honest and forthright with teenaged children about your financial and employment concerns, without trying to instill fear. Let your children know of your plans to survive the economic meltdown including cutting back on the Christmas gift-giving budget. This may actually put them to ease despite their upset at the impact of the current economic situation too.

Inform your children of your budget and ask them for their gift preferences in line with the budget. When expectations are clear on both sides, there is less room for disappointment.

Involve your children in cost-cutting decisions and making plans for Christmas celebrations. It just may be that if included, they come up with some good ideas. Being part of the planning process, they will then likely enjoy what you mutually determine.

Pool resources. You may not be able to afford that one special gift yourself. However, if you go in on it with a few relatives, it may then be affordable. So the answer may not be how many gifts are given and received, but how many people contribute to that one special present

Children typically respond and adjust better to change when they are part of the process. The recession is real and discussing it with them can help them to cope better and you to feel better. Children may be initially disappointed and that would be normal and reasonable. However, they too must learn to live within their means and make the best of life and circumstances. A memorable Christmas may just be one where everyone comes together with a workable plan to enjoy the day.

MacLean Family Law Group-BC’s Family Law Firm Celebrates Julie Dadgar’s 25th Anniversary with Our Firm

Wednesday, September 29th, 2010

MacLean Family law Group Celebrates Julie's 25th Anniversary

We are delighted to have had our first employee, Julie Dadgar, reach her 25th Anniversary with us. She has been a joy to work with and has been an integral part pf helping us grow our firm and better focus on our clients!

BC SHARED CHILD CUSTODY AND BC JOINT GUARDIANSHIP SUCCESS STORY

Tuesday, July 13th, 2010

Lorne MacLean and James Macdonnell Celebrate their Child Custody Victory in Victoria


Lorne MacLean, BC divorce lawyer,is delighted to have just won a BC shared child custody, reduced child support and BC joint and shared guardianship case. We just obtained the written reasons on a BC shared child custody and BC child Guardianship success we had on behalf of a father who wanted his children to be able to spend half of their time with him on a shared custody arrangement. We used a number of BC shared child custody case authorities and social science articles to successfully prevail for our client and his children. We focused on the positives in both parents and how well the children were doing and persuaded the court our BC shared child custody plan made the most sense moving forward. The key point to note is that week on week off custody can work when both parents work full time and there should be no bias against shared custody even if one parent is a stay at home parent while the other works full time.

Read the case and take a look at how we crafted the successful argument on behalf of our client and his children.

Metivier Reasons

BC Law on Varying or Setting Aside Unfair BC Separation Agreements or BC Marriage Agreements 2010 Update

Sunday, April 25th, 2010

We are often asked to review BC separation agreement or BC marriage agreements with a view to setting the BC separation or BC Marriage agreement aside and Shelagh Kinney of our BC Family Law office had a nice win recently in a case on behalf of the wife in L v. L, a BC Supreme Court separation agreement variation 2010 decision.

Our Supreme Court in the Brandsema decision warned spouses that fair agreements made with full disclosure between spouses on an equal footing will be protected but unfair exploitive agreements will not be sanctioned. In Brandsema the Court focussed on non-disclosure by the husband and varied the agreement to give the wife more money on the following basis:

Abella J., speaking for the majority, stated (at paras. 1–6):

“This court has frequently recognized that negotiations following the disintegration of a spousal relationship take place in a uniquely difficult context. The reality of this singularly emotional negotiating environment means that special care must be taken to ensure that, to the extent possible, the assets of the former relationship are distributed through negotiations that are free from informational and psychological exploitation.

…

This appeal, therefore, attracts a spotlight to the duties owed by separating spouses during the process of negotiating and executing a separation agreement for the division of matrimonial assets. In Miglin, based on the inherent vulnerability of spouses during negotiations, this Court stated that in order to safeguard a separation agreement from judicial intervention, a spouse must refrain from using exploitative tactics. It held that the failure to do so, particularly if the agreement fails to materially comply with the objectives of the governing legislation, could well result in the agreement being set aside.

The circumstances of this case move us to consider the implications flowing from Miglin for the deliberate failure of a spouse to provide all the relevant financial information in negotiations for the division of assets. In my view, it is a corollary to the realities addressed by this court in Miglin that there be a duty to make full and honest disclosure of such information when negotiating separation agreements.

The husband’s exploitative conduct, both in failing to make full and honest disclosure and in taking advantage of what he knew to be his wife’s mental instability, resulted in a finding of unconscionability. The trial judge accordingly ordered that the wife be compensated in an amount representing the difference between her negotiated equalization payment and her entitlement under British Columbia’s Family Relations Act, R.S.B.C. 1996, c. 128. On the facts and law, I see no reason to disturb his conclusion.”

Spouses need to approach the settlement negotiations frankly and ensure the opposing party gets independent legal advice. Home made agreements are unlikely to protect either side and a little money and effort spent doing it right the first time will ensure savings on expensive legal fees after the fact.

Lorne MacLean

MacLean Family Law Group Layers and Articled Students

WINNING BC SHARED CHILD CUSTODY ARGUMENTS

Wednesday, April 21st, 2010


I just appeared in New Westminster Supreme Court today and argued a BC shared child custody case and cited some of these shared child custody concepts which are applicable to a wide variety of cases involving disputed BC child custody ( I will report back on the results of the case and provide more shared custody tips shortly):

BENEFITS OF SHARED CUSTODY

• It ensures continuation of family life for the child, with the advantage of nurture from both parents rather than just one.
• It reassures the child that he has two parents, and although they live in separate places, the child definitely has a home with both of them.
• It dispels the notion that only one parent is “caring” and that the other is “errant” or “absent”.
• It ensures that one parent is not unfairly burdened with the responsibility of discipline whilst the other is relegated to (or marginalized as) the fun or mere access parent.
• It provides the opportunity for children and parents to develop meaningful and lasting relationships – in place of the artificiality and frustrations of mere access.
• It affirms the parents in their belief that they both have an ongoing role in their child’s life.
• It places both parents on an equal footing with schools, doctors and the world at large – who might otherwise only want to deal with the custodial parent.
• It confirms that no matter what, each parent wants to, and is able to, provide a home for their child.
• It reassures the child that in the event of one parent dying they still have a home to go to.
• Without such an order, if one parent dies, the child would not automatically go to live with the other parent, but would be left with whoever they were living with at the time or handed over to a guardian – a poor substitute for a natural parent.
• It enables both parents to claim the additional personal tax allowance (and possibly one parent benefit, family credit and additional child benefit), thus increasing the income available to the children (only applicable for two or more children).

I believe that children should not have to forfeit the love and guidance of two caring and concerned parents merely because marriage breakdown has occurred. Please call us at 1-877-602-9900 if you have a disputed custody case and watch our videos on a variety of topics.

Smart BC Divorce Tip #3 – Protect Yourself At All Times

Thursday, January 21st, 2010

Lorne MacLean, Vancouver BC Family Law Lawyer, at the MacLean Family Law Group is delighted to announce Smart BC Divorce Tips # 3 is now available at our youtube channel called Protect Yourself at All Times-Winning the Financial Aspects of your Divorce and Family Law Case has just been released to positive reviews. These tips are critical if you are involved in a BC Divorce, BC Child custody, BC Child Support, BC Spousal Support and BC Family Asset Division case.

Step 1 – Obtain Proof of all assets and Debts and All Income and Expenses

Copy tax returns, credit card statements, bills, business information and anything that might help you determine how much money you will need to live on and what marital assets you are entitled to. Go through the garbage or install spyware on a computer, if necessary. Tax returns don’t always show the real income to be used for your case so make copies of all company financial documents as well. Store these documents away from the Home and redirect your sensitive mail to a safe location.

Protect Your Money and Assets

Take half of the money from a joint account, and put it in your own name. If your spouse tries to clean out the account, you won’t be able to access that money until a judge says so. This way, you will have access to money, but make sure that you keep a record of how you spend it and this is not an excuse to try to get rid of or hide assets, so act honestly. Consider a restraining order to freeze assets, closing joint credit card accounts and lines of credit to prevent them being run up by your soon to be ex-spouse.

Be Patient

With joint marital assets like homes and stocks probably worth much less than they were a few years ago, some couples are agreeing to stay together until the financial tide turns. If a moneyed husband pushes for divorce because the economy makes it less expensive for him to cash out now, press him for an upside by asking for a bonus for giving up access to a potential gain or by remaining in as a joint owner of the asset.

Lorne MacLean High Net Worth Divorce Lawyerimg_5802

MACLEAN FAMILY LAW GROUP ANNOUNCES LAUNCH OF SMART BC DIVORCE TIPS AND WEB BCFAMILYLAWTV.COM SHOW

Monday, January 18th, 2010

Lorne MacLean BC divorce and family law lawyer is excited about the ability to educate BC divorcing couples on their BC divorce rights and obligations with his launch of series of new High Definition Video clips called Smart BC Divorce Tips and on their forthcoming BCFAMILYLAWTV.COM webcasts which will go live in the Spring of 2010.

Click here for the free video -> SMART BC DIVORCE TIPS VIDEO – DO NOT LEAVE THE MATRIMONIAL HOME

Lorne MacLean BC Family Law Lawyer returns after speaking at 5TH Annual National CBA LAW FIRM LEADERSHIP CONFERENCE

Saturday, December 5th, 2009

lorne-maclean-bc-family-law-lawyer-and-richard-susskind-speak-on-law-firm-change-for-cba
Photo Lorne MacLean BC FAMILY LAW LAWYER and Richard Susskind in Toronto

I had a wonderful and illuminating trip to Toronto and was honoured to be asked to speak with a stellar legal panel comprised of a variety of prestigious large law firm and major corporate in-house counsel as well as with Paul Lippe the founder of- Legal Onramp- a collaborative tool for lawyers and their clients to share information and to increase efficiency while lowering their costs.

I spoke on alternative fee arrangements for individual clients working with smaller law firms and about how technology and social media helps small firms and their clients all become part of a collaborative team. I told the managing partners from most of Canada’s leading law firms that the goal, for lawyer and client at our firm, is to make “everyone like part of the crew leaving no one as part of the cargo.” MacLean Family Law Group’s focus at my BC Family Law practice is on the use of technology to increase our ability to better serve our family law clients.

It was a delight to listen to Richard Susskind predict the future of law and for lawyers and I recommend you read his books on the topic of massive change to the provision of legal services he has authored including “The Future of Law”.

Free British Columbia Divorce and Travel Consent Form To be used by Custody and Access Parents to leave BC

Wednesday, November 11th, 2009

Lorne MacLean Divorce lawyer visits New YorkParents who are divorced or separated in BC and who have child custody or child access need a signed travel consent form signed by the other parent or a BC court order saying they have sole custody or the right to leave the country to avoid problems when leaving with their children or returning with a child to British Columbia. Make sure you get the BC Travel Custody or Access consent form signed well in advance of the trip to avoid last minute stress for you and the children.

Please feel free to use the attached travel consent form precedent in word format taken from the Canadian Government website.

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