Category Archives: Separation

The Child’s Voice in Legal Proceedings – Part 2

In the last issue, we discussed the importance of including a child’s voice in custody and access disputes.  In this issue, we will discuss some of the potential ways that this can occur. Generally, a judge will not allow a child to testify in court or to swear an affidavit, however, there is technically no … Continue reading The Child’s Voice in Legal Proceedings – Part 2

How Do I Break the News To My Kids About Our Divorce?

It is going to be difficult to tell your kids that their parents are divorcing. How you tell them, and how you help them deal with their emotions in the aftermath of breaking the news is very important to consider. Here are some tips on breaking the news: Show that you are unified – if … Continue reading How Do I Break the News To My Kids About Our Divorce?

If my spouse and I still live under the same roof, can we be considered to be “separated”?

In a nutshell… yes. If you want to rely on the one-year separation period to get a divorce, you must be living “separate and apart” for that length of time. To prove this separation, you must overcome two hurdles: physical separation and the intention to bring the marriage to an end. If you are living … Continue reading If my spouse and I still live under the same roof, can we be considered to be “separated”?

How do I make a “parenting schedule” with my ex when dealing with oilfield hours?

Many separating and divorcing families in our area face this problem of trying to create a schedule to spend time with their kids, but face the challenge of the unreliability of their work hours in the oilfield service industry.  How can this be overcome? I like to re-define the phrase “parenting schedule” when we’re talking … Continue reading How do I make a “parenting schedule” with my ex when dealing with oilfield hours?

TOP 10 TIPS to Keep Legal Fees at a Minimum During Separation or Divorce

10.       Do-It-Yourself – do the paperwork yourself.  I recommend talking to a lawyer, even if only briefly, to ensure that this is the right course for you. 9.         Hire a lawyer as a “coach” – you may need a lawyer to iron out the rough patches, but the rest of the divorce can be done … Continue reading TOP 10 TIPS to Keep Legal Fees at a Minimum During Separation or Divorce

Japan Signs on to 1980 Hague Child Abduction Convention

The Hague Child Abduction Convention is an international document which has 2 goals: (1) to secure the prompt return of children wrongfully removed to or retained in a Contracting State (a state / country that has signed onto the Convention); and (2) to ensure that the custody laws of one Contracting State are respected in … Continue reading Japan Signs on to 1980 Hague Child Abduction Convention

Do I need a separation agreement before I can get divorced?

Technically… no, you don’t need a separation agreement in order to get divorced.  You can set out your agreements in your divorce application, but it can get extremely complicated to do so if you don’t have all the details worked out.  In an agreement, usually the items set out include some or all of: a … Continue reading Do I need a separation agreement before I can get divorced?

January is “International Child-Centred Divorce Month”

Although the month of January is coming to a close very quickly, it still bears bringing to light the fact that January is International Child-Centered Divorce Month.  It was started by Rosalind Sedacca in theUSA who wanted to bring together divorce professionals who would focus one month of the year on providing local educational events, … Continue reading January is “International Child-Centred Divorce Month”