Custody/Access

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I just read an article in the September 12, 2011 issue of McLean’s that caught my eye.  The article written by Julia McKinnell discusses a new book for divorced parents entitled “Joint Custody with a Jerk” co-authored by Julie Ross and Judy Corcoran. Boy, the article hit home with me as in my practice…

The Child Support Guidelines, which came into effect on May 1, 1997, set out four admirable objectives:

  1. to promote fairness to children;
  2. to ease tension and conflict between parents;
  3. to reduce litigation; and
  4. to ensure consistent treatment of parties.

When children reside primarily with one parent (more than 60% of the time), the Guidelines are…

FishingMy daughter, who lives in Yellowknife, recently sent some pictures of the family fishing in the Yellowknife River.  The picture to the right is that of my son-in-law and my granddaughter, who is 3 years old.  Both Father and daughter were enjoying the moment with the expectation of catching a fish on a beautiful summer day.  I…

For separated parents, it may be wise to remember that the stories children tell about what goes on in the other parent’s home may not always be 100% accurate. Events may get distorted and exaggerated when conveyed from a child’s perspective and, when there is conflict, a child may be seeking to please one parent by speaking negatively about the other.
Continue Reading Monday Morning Shenanigans

In an earlier blog post, Samantha Cain commented on the law that is often applied to grandparents who might wish to preserve their relationship with their grandchildren after the grandchildren’s parents have separated.  As Samantha indicated, there is no automatic right for grandparents to maintain their relationships with their grandchildren – whether it is…

“He is a lying, cheating, blankity blank and I can prove it!” I sometimes hear this type of statement (blanks usually filled in) with the client sitting across from me and looking at me expectantly … almost as if waiting for me to put my feet up on my desk and declare, “Well, that’s it then: case closed!!”. While it would be strangely satisfying to be able to resolve a matter with that degree of simplicity, in reality, it just doesn’t work that way.
Continue Reading Adultery: Finding the Proverbial Lipstick on His Collar

“Billy has decided not to live with his Dad.”

“I’m not sending Suzy for access anymore. She doesn’t want to go to her Mom’s.”

I frequently hear comments such as these when speaking with clients about their children’s living arrangements after separation.

And when I do, I am faced with these questions:

  • Can a child

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Many people consider pets to be members of their family. When discussing the break-down of a family unit we may comment on who should have “custody” of the pets. However, the Canadian judiciary is reluctant to engage in such discussions. In Canadian courts pets are treated as property; little different from the dishes or the…