When families meet with me and wish to use Mediation to resolve their issues relating to their separation and divorce, they often ask whether they need to have a lawyer as well, or if I can finalise everything (being that I am a lawyer and a mediator). Often clients want to use mediation instead of … Continue reading The Role of Lawyers in Family Mediation
People often ask why they need to come in for an initial consultation. They just have a question that will take “30 seconds” of my time to answer. I often hear frustration on the other end of the phone when they are advised that they need to come in for a consultation to … Continue reading The importance of an initial consultation
The issue of where a child should live following a divorce or separation is a common one. Parents constantly tell me that their child is telling them which parent they want to live with. The question often becomes how to ensure that the child’s voice is heard and given proper attention, without allowing them to … Continue reading When Can A Child Legally Decide Where They Want to Live?
I cannot say how many times a client has told me they paid the opposing party using cash. In family law scenarios, this can lead to a huge can of worms. Where both parties get along and acknowledge the cash payments, there’s no issue. On the flip side, where the parties don’t always see … Continue reading Support Payments – MAKE THEM TRACEABLE!!
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
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?
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”?
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?
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
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