Butterfield Law - Separation made Simple - News, articles and cooperation

Will Collaborative law work for me? My issues are child support, guardianship and property division. We get on OK, but have had some fights over money. We do not have a lot of spare cash and don’t want to waste what we have.

A lot of people prefer collaborative law because it uses a team approach to help them settle their issues. Child support and property division are generally quite straight forward. The arrangements for the kids and spousal support can be a lot more difficult.

Collaborative Law builds on the desire to reach a reasonable agreement. The spouses agree not to go to court, but to settle their disputes co-operatively. The family conflict is divided into its constituent parts and these are addressed with the help of professions with specialized training:

    Divorce Coaches help the parties work through their emotional turmoil and develop new skills to assist in conflict resolution;
    Child Specialists address the children’s needs; and
    Financial Specialists help to assess the family’s resources and map out a future financial plan.

The lawyers share their expertise with the other professionals. Since the lawyers are generally the most expensive professionals in the team, focusing their role normally adds up to serious savings.

Mediation often plays an important role in Collaborative Law process.

The Collaborative Process is tailored to each case and can move quickly and efficiently. Stress is greatly reduced and it is a far better use of your limited resources than the traditional approach of going to court and fighting it out.

Michael Butterfield

Collaborative Lawyer, Mediator and Arbitrator.

Documentation Requirements for One Parent Travel with Kids

If your child is travelling out of Canada with only one parent, a friend or a relative, it is important to be prepared with appropriate documentation.  As the Canadian Border Services Agency (CBSA) states on their website: “Border services officers watch for missing children, and may ask detailed questions about any minors travelling with you.”  For the specific requirements of a foreign country, you can contact the country’s embassy or consulate closest to you.

When traveling within Canada with minors, you must carry proper and current identification for yourself and each child such as a passport, citizenship card, permanent resident card, or Certificate of Indian Status.  International travel requires the presentation of current passports for all children as well as adults.

There are no hard and fast rules about what you will be asked for beyond this basic identification requirement but a consent letter may be requested by immigration authorities when entering or departing a foreign country or upon return to Canada.

The consent letter should demonstrate that the child has permission to travel abroad from the parents or guardians who are not accompanying them.  Foreign Affairs, Trade and Development Canada provide an interactive template for a consent letter.

http://travel.gc.ca/docs/child/consent-letter_lettre-consentement.pdf

Having the consent letter notarized to further support its authenticity is encouraged.  In situations where there are legal issues that apply to you and your child’s unique situation, the Government of Canada recommends that you consult a lawyer.

It is also recommended that parents who have a custody and/or guardianship agreement or court order with respect to their child, carry copies of these legal documents during travel.

Having travelled as a single parent myself, I have always ensured that I have a notarized consent letter in advance of my departure.  My experiences  have varied in foreign countries and often the consent letter is not required or considered upon entry or exit, however, upon return to Canada I have consistently been asked to see the consent letter, and the CBSA has always responded positively to being offered my custody documentation as well.  The bottom line is to be prepared with as much documentation as possible.

Catharine Schlenker
Student at Law
University of Victoria

This is one of the most common questions asked at Butterfield Law. Many people want to try mediation (or its cousin Collaborative Law) because they fear going to court. Unfortunately, not every case is suitable for mediation.

It is really important to use an experienced professional to help you decide if mediation is right for you and your spouse.

Part of the screening process is to determine whether mediation will work for you. This involves looking at the reasons for picking mediation and your knowledge of the process. The other key component is whether or not your partner is agreeable to mediation and why.

For mediation to be successful, the participants must be committed to the process. The process is not about reaching a quick settlement. Rather, it is about identifying the real needs of the participants. People start with Positions. The role of the Mediator is to identify what interests these positions serve, and to help both parties achieve those interests together.

For example, a wife may take a position that “they must keep the family home”. The husband may take the position that “it must be sold”.   The wife’s interests may be that there is strong sentimental attachment to the house. Alternatively, she may see owning the house as a form of financial security. The husband’s interests may be in getting their share of the equity to start over.

By identifying the real needs, or interests, of the spouses, a Mediator will help them brainstorm solutions that meet both of their goals. Sometimes, those needs cannot be met through mediation, but in over 90% of cases, mediation works.

Michael Butterfield
Collaborative Lawyer and Mediator
Certified Family Law Arbitrator

Interesting Link    :http://www.vancouversun.com/news/Opinion+Mediation+effective+solution+individuals+businesses+conflict/10286776/story.htm

Mediation in Victoria BC

ADR Victoria BC