Social Media in Family Law or Divorce Actions
Social media – Facebook, Twitter, LinkedIn and the like – is not going anywhere. It is now firmly rooted as an accepted and, for some, indispensible part of our interconnections with others. The mechanism will evolve (or devolve, depending on your view) and the companies may change, but for the foreseeable future at least, we will continue to post and tweet and poke.
In a family law context, a client’s social media trail is generally an anathema. It is a relatively permanent and immutable record, and when someone is going through the difficulties and confusion of a breakup, that record is rarely one which reflects well. Posts about an ex, about children or about the situation in general are all potentially compellable as evidence. Even if the client him or herself is maintaining absolute control over his or her posts, that control does not regulate the posts of friends and well-wishers.
In almost every case, the best course is the one which is becoming harder and harder: abstain from all social media when you are dealing with a family law dispute or divorce. It is inconvenient, annoying and, really, not fun at all. But it generally is for the best
Posted: March 23rd, 2011 under Procedure.
Tags: evidence, Facebook, LinkedIn, post, Social Media, tweet, Twitter
What’s in a name?
The courts are not waiting for the legislature when it comes to the wording of orders. Changes proposed in the White Paper on Family Relations Act Reform have not yet been adopted as law; however, in keeping with the report’s recommendations, it is becoming more and more common for Judges and Masters to clarify that terms such as “Custody”, “Guardianship” and “Access” should be avoided and replaced with “Parenting Time” and “Parental Responsibilities”. This is progress. The words describing the relationship between parents and children are not merely reflective – they have a role in creating that relationship. Children have a right to language which not only accurately describes the circumstances, but which supports and fosters a healthy environment.
Posted: February 25th, 2011 under Family Court, Parenting, Procedure.
Tags: access, custody, Guardianship, Parenting Responsibilities, Parenting Time
Post-Secondary Education Costs
There can be a positive obligation on separated or divorced parents to support a child through post-secondary education if that cost is labelled an extraordinary expense pursuant to s.7 of the Federal Child Support Guidelines. That section states that,
Special or extraordinary expenses
7. (1) In a child support order the court may, on either spouse’s request, provide for an amount to cover all or any portion of the following expenses, which expenses may be estimated, taking into account the necessity of the expense in relation to the child’s best interests and the reasonableness of the expense in relation to the means of the spouses and those of the child and to the family’s spending pattern prior to the separation:
(a) child care expenses incurred as a result of the custodial parent’s employment, illness, disability or education or training for employment;
(b) that portion of the medical and dental insurance premiums attributable to the child;
(c) health related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses;
(d) extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child’s particular needs;
(e) expenses for post-secondary education; and
(f) extraordinary expenses for extracurricular activities.
The question this raises in my mind is why separated or divorced parents are subject to this potential obligation when children of parents still together are subject to the vagaries of their parents’ decision. Would a child of parents who are still together be able to secure similar funding if the courts were asked to intervene?
Posted: February 3rd, 2011 under Child Support, Legislation Analysis.
Tags: Child Support, education, Maintenance, married, separated, University
Family Law Mediation
Henderson Heinrichs is committed to exploring all options to assist our clients reach successful resolution of their family law issues. To that end, we are pleased to advise that we have certified Family Law Mediators at our firm who are trained to facilitate out of court settlement.
Mediation is an alternative dispute resolution process for resolving family law issues, such as custody, access and child support. The mediator is jointly selected and retained by both parties. Because of the need to maintain mediator neutrality, Henderson Heinrichs’ existing litigation clients will be referred to other well regarded mediators. Prior to engaging in the mediation process both parties are required to sign a mediation agreement whereby they commit to working out the issues without going to Court.
Mediation at Henderson Heinrichs takes place in a private, informal setting where the parties actively participate in negotiations with a goal of reaching an agreement. Mediation requires hard work from both parties and a commitment to work on reaching a solution, even when things get difficult. Rather than be destructive, mediation helps parties work through the underlying emotional issues, and helps them build and create a solution the works best for them and enables them to move forward positively.
Litigation should be a last resort in family files as can be expensive and destructive both emotionally and financially. Mediation is usually less expensive than traditional litigation, faster and overall a much more constructive process. Mediation allows the parties to retain control over the process and outcome and allows them to create a solution that works best for their family and their own circumstances.
Mediation with a certified Family Law Mediator at Henderson Heinrichs has numerous benefits and allows parties to have a neutral, impartial professional assist them in reaching successful outcomes. Our mediators establish ground rules for respectful communication and create a safe and confidential environment where the parties begin to work on identifying the issues and creating customized solutions. The mediator will assist, where necessary, in clarifying facts and issues. Our mediators will help the parties explore ideas and options for settlement, while also sometimes serving as a reality check and/or sounding board.
Henderson Heinrichs’ mediators will help the parties keep the lines of communication open or assist the parties in re-establishing positive and healthy communication and help the parties move forward, which is invaluable and essential when there are children involved. The mediator will help build in effective communication strategies when necessary.
Mediation is successful when both parties are committed to working in this framework. Mediation has been used successfully to resolve all areas of family disputes including custody and guardianship issues, primary residence, parenting plans, asset and property division, spousal support, separation agreements and cohabitation agreements.
The mediator may also suggest other resources and tools that will assist the parties and will make best efforts to assist the parties in reaching a resolution outside of Court.
If you would like more information on how mediation with Henderson Heinrichs might be beneficial for you, please feel free to contact Shelina Sayani at (shelina@hhlaw.ca) shelina (at) hhlaw (dot) ca or Rain Henderson at (rah@hhlaw.ca) rah (at) hhlaw (dot) ca or set up an appointment by calling our offices at 604-669-3500.
Posted: January 12th, 2011 under Mediation.
Tags: Family Law Mediation; Family Law Mediation Vancouver, Henderson Heinrichs Mediation, Mediation, Mediation Access, Mediation Child Support, Mediation Custody, Mediation Parenting Time, Shelina Sayani
Merry Christmas and Happy Holidays
Everyone at Henderson Heinrichs wishes you a merry Christmas and happy holidays.
Posted: December 23rd, 2010 under Announcement.
Tags: Announcement
