Posts filed under 'custody and access'
Applying for your child’s passport
I learned an important lesson the other day while applying for my youngest child’s passport – how frustrating it can be if specific language about this issue is not incorporated into your parenting plan.
The government has tightened up their requirements for passport applications for a divorced couple. They want to ensure which parent is allowed to apply for the passport, how custody is shared, and so on. It’s an important precaution. So, in an effort to move through this application process as easily as possible, incorporate a clause into the parenting plan which specifically states details about how your child’s passport should be obtained – who has responsibility, custody etc.
11 comments November 1, 2009
Breaking up, a 5 part series
Nothing is in this world is perfect, and certainly not the legal system. There are gaps in the system. The challenge is to work beyond the gaps…….as one lawyer once told me, the legal system was designed for criminals and, divorce is not a criminal act. So, given that perspective, I hope you can see why you should try to stay out of court. Of course, there are always exceptions, and at times, one has no choice but to litigate.
There was a 5 part series in the Toronto Star, investigating some of the issues people are confronted with when dealing with the legal system. What ever the issues, the bottom line is, there are problems, and that requires reforming the system.
I’ve attached links to the articles which may be of interest to you, my readers. While you might not agree with everything in these articles, it certainly will make you pause and think………the reality is, divorce is a life changing event, and we need to view this as a process, not a crisis. And, as I heard a lawyer so wisely say:
Divorce is a problem to be solved,
not a war to be won.
Here are the links to the articles:
Divorced dads can’t catch a break http://www.parentcentral.ca/parent/newsfeatures/article/704075–divorced-dads-can-t-catch-a-break
The good divorce http://www.parentcentral.ca/parent/newsfeatures/article/705130–the-good-divorce
Kids hard hit in nasty divorces http://www.parentcentral.ca/parent/newsfeatures/article/705251–kids-hard-hit-in-nasty-divorces
Grandparents go to court for access to grandkids
Where separation occurs without anxiety http://www.parentcentral.ca/parent/newsfeatures/article/706400–where-separation-occurs-without-anxiety
Of course, I always like to have the last word and comment. My published letter to the editor, in response to the article entitled “Divorced dads can’t catch a break”, is below.
What’s the delay on shared custody?
Re: Breaking up: Family courts in crisis, Series
There are gaps in the legal system, leading to both fathers and mothers feeling that they are being treated unfairly. But, the real victims are the children who are losing out on a loving relationship with both parents, because of their parents’ conflict – who are too consumed with fighting each other, ignoring what’s in their children’s best interest.
Parents need to work together for the sake of the children, not against each other for vengeance, control and destruction of their ex partner.
Deborah Moskovitch, Divorce Consultant, Author, “The Smart Divorce”
Add comment October 18, 2009
It’s back to school: developing routine and structure for parents
As I prepare my children to transition from the spontaneity of life in the summer to the structure of school it occurred to me how they need to get back into routine. Not only is it important for our children to be in the habit of schedules, but the aspect of shared parenting needs to be formalized once again; especially if life has been a bit off kilter as our children are at camp, have their own activities without parents or in holiday mode.
If you are the resident parent where the children live most of the time, then not much will change. However, if your children don’t live with you most of the time, here are some ideas to consider to maintaining involvement in your children’s lives:
Parenting Tips for Transforming Your Family
Make a family calendar and hang it wherever the children will see it, to show that you care. Make your children see that their lives are important to you and that they are your priority.
On the family calendar, list:
- birthdates
- school schedules
- other dates, such as dental appointments, dance recitals, sports games, and so on.
Establish rules such as the following:
- Each parent must order his or her own tickets for children’s events.
- Each parent must make his or her own arrangements at school to get information.
- It is not up to your former spouse to do those things or provide information for you.
- It’s up to you to take the initiative.
- Don’t make your son or daughter into the man or woman of the house.
- Don’t turn your son or daughter into your best friend and confidant.
- Don’t fill the void in your bed by allowing your child to sleep there. If you eventually start a relationship and no longer allow your child into your bed because you are sharing it with someone else, the child could feel displaced.
If you are the noncustodial parent, here are some ideas to help you maintain a positive relationship with your children:
- Some schools allow children to leave the grounds for lunch; you may be able to take them out to lunch without affecting the custodial parent’s time.
- As much as you can, duplicate at your home the little things that your kids love at the custodial parent’s home–things like special Barbie dolls, books, and so on. Send out the message that you care. Duplicating items will remove the stress children may feel about taking their favorite things to the other parent’s home or about forgetting to bring them (but keep in mind that some items, like the favorite blanket or stuffed animal, can’t be duplicated)
Remember, your children still have two parents. They still have a family, it’s the dynamics which have changed and up to parents to minimize the conflict and make transition as easy as possible.
2 comments August 24, 2009
Here comes the judge………what he has to say
For an insightful perspective of what goes on in the family courtroom, the video attached is a must see for anyone in the throes of divorce. Why is it so important to stay out of court – because you want to avoid the tug of war between parents and the disastrous effects it can have on children
Watch this captivating interview with Susan Ormiston who talks to family court judge, Justice Harvey Brownstone, who has spent 14 years refereeing ugly custody disputes, writing a book detailing his experiences on the bench.
http://www.cbc.ca/national/blog/video/crimejustice/tug_of_war_extended_interview.html
If this isn’t enough to keep you out of court, then read this powerful research by Dr. Robert E. Emery. Dr. Emery conducted a 12 year study on high conflict families — who had originally appeared in court because they had filed for a contested custody hearing. He compared two groups – those that litigated the outcome vs mediation.
The outcome:
5 hours of mediation caused nonresidential parents to see their children much more often 12 years later
Compare these rates to the dramatic drop off in contact after the typical divorce in America
For example, 28% of nonresident parents who mediated saw their children weekly 12 years later compared to 9% who litigated and 11% in the national averages
For more information and a full review of the study, click on the link
http://emeryondivorce.com/divorce_mediation_study.php
Our goal as parents is to put our children’s best interest first. It isn’t always easy, but it’s a goal we need to achieve!
Add comment July 20, 2009
The Smart Divorce Workshop Series – Space Still Available
The Smart Divorce® Workshop Series
These workshops are appropriate for individuals contemplating or already experiencing a divorce. Strategies for reducing financial costs and personal turmoil will be presented. Participants will learn what to expect legally and emotionally, and so be able to move through the process with confidence and focus while saving time and money. A subsequent session will address parenting issues, how to work with parenting experts more effectively, and available resources. Feedback from therapists and lawyers has indicated that The Smart Divorce Workshops have helped to prepare individuals for the process and make them better clients.
I have added two new workshops to the series called – Taking Control of Your Finances – with guest speakers Atsuko Hiroaka and Aaron Nimon, both Investment Advisors of BMO Nesbit Burns. The focus of these sessions is to help manage and effectively deal with your financial concerns; how to overcome your fears and understand the financial considerations as you work through the divorce process and postdivorce concerns.
Click on the link for more information: the-smart-divorce-workshop-f09-2-finr1
Program details:
The Smart Divorce: Learning the Basics – February 4, 2009
The Smart Divorce: Taking Control of Your Finances – February 11, 2009
with Guest Speaker, Investment Advisor – Aaron Nimon of BMO Nesbit Burns
The Smart Divorce: Parenting Through Divorce – February 18, 2009 2008
The Smart Divorce: Taking Control of Your Finances – February 25, 2009
with Guest Speaker, Investment Advisor – Atsuko Hiroaka of BMO Nesbit Burns
“Your seminar game the confidence I needed to start my divorce. I know what to do now and feel I’m not alone.” Dave C. Toronto
“I met a client who took your seminar today. An educated client makes this work so much easier!” Jacqueline Vanbetlehem, Mediator and Family Therapist in Oakville
Location: 12 Lawton Boulevard, Toronto (Yonge and St. Clair)
Registration Fee: $25 per workshop
Call The Smart Divorce at 905 695 0270 or email info@thesmartdivorce.com
SPACES ARE LIMITED, CALL TODAY
2 comments January 30, 2009
It’s back to school:developing routine and structure for parents
As I prepare my children to transition from the spontaneity of life in the summer to the structure of school it occurred to me how they need to get back into routine. Not only is it important for our children to be in the habit of schedules, but the aspect of shared parenting needs to be formalized once again; especially if life has been a bit off kilter as our children are at camp, have their own activities without parents or in holiday mode.
If you are the resident parent where the children live most of the time, then not much will change. However, if your children don’t live with you most of the time, here are some ideas to consider to maintaining involvement in your children’s lives:
Parenting Tips for Transforming Your Family
Make a family calendar and hang it wherever the children will see it, to show that you care. Make your children see that their lives are important to you and that they are your priority.
On the family calendar, list:
-birthdates
-school schedules
-other dates, such as dental appointments, dance recitals, sports games, and so on.
Establish rules such as the following:
-Each parent must order his or her own tickets for children’s events.
-Each parent must make his or her own arrangements at school to get information.
-It is not up to your former spouse to do those things or provide information for you.
-It’s up to you to take the initiative.
-Don’t make your son or daughter into the man or woman of the house.
-Don’t turn your son or daughter into your best friend and confidant.
-Don’t fill the void in your bed by allowing your child to sleep there. If you eventually start a relationship and no longer allow your child into your bed because you are sharing it with someone else, the child could feel displaced.
If you are the noncustodial parent, here are some ideas to help you maintain a positive relationship
with your children:
-Some schools allow children to leave the grounds for lunch; you may be able to take them out to lunch without affecting the custodial parent’s time.
-As much as you can, duplicate at your home the little things that your kids love at the custodial parent’s home–things like special Barbie dolls, books, and so on. Send out the message that you care. Duplicating items will remove the stress children may feel about taking their favorite things to the other parent’s home or about forgetting to bring them (but keep in mind that some items, like the favorite blanket or stuffed animal, can’t be duplicated).
Remember, your children still have two parents. They still have a family, it’s the dynamics which have changed and up to parents to minimize the conflict and make transition as easy as possible.
Add comment August 28, 2008
Custody and Access – what’s the difference?
The terms custody and access have been getting a lot of attention in the media recently because of the open court room of the Christie Brinkley/Peter Cook trial.
It’s amazing how many clients have come to my office questioning the difference between custody and access for their children. There is a significant difference and it’s important to understand what they mean to help you with planning your child’s best interests when it comes to decision making and visitation.
The Globe and Mail ran an interesting article today on the evidence parents use when it comes to a battle – which is something you would rather avoid.
Click on this link to read the article:exhibit-a-his-3rd-grade-diorama-tralee-pearce1
What’s the difference?
Parents have both rights and responsibilities concerning their children. They must make decisions regarding their children’s health, education, and religion; support their children financially; and provide their children with a home. During the divorce process, however, the terms used to describe these rights and responsibilities can get confusing. Concepts often get mixed up, and definitions vary. As a result, parental expectations can become unclear.
In addition, the legal terms used by the lawyers, judges, and other professionals can sound so cold and clinical that they are difficult to hear. The experts may not refer to you as “parents” but as your children’s “decision makers.” Instead of discussing the time you have to spend with the kids, they may talk about “access.” I have never ever heard parents refer to their parental authority or to time with their kids in such detached ways. Nonetheless, it is important to understand these terms.
Custody
Custody refers to who has the legal authority to make decisions regarding a child’s health, education, religion, and so forth. Generally speaking, custody does not establish residential status or access (visitation rights); those specifics are usually determined by the parenting plan (described below)
Joint custody means that both parents retain legal decision-making authority. If parents with joint custody have a problem coming to a decision about the child’s best interests, this can be resolved by a parenting expert such as an arbitrator or parenting coordinator.
Sole or full custody means that only one parent is given decision-making authority over the children, usually because it would be too difficult for the parents to make these decisions together. Needless to say, if you have sole custody, you must be especially careful to act in the best interests of your children.
The Parenting Plan
The parenting plan is an agreement between divorcing parents that clearly defines how each is to continue caring for his or her children following a separation. The goals of the parenting plan are to encourage the children’s relationship with both parents and to protect the children from parental conflict. It can also be used as an intervention tool to help parents disengage from one another. Parents often fear losing control or being controlled, and a specific, structured plan can help quell those feelings.
The parenting plan provides a comprehensive schedule of each parent’s access to the children, outlines his or her co-parenting responsibilities, and establishes his or her role in parental decision making. The particulars of the plan depend on the relationship between the former spouses, each parent’s relationship with his or her children, and, of course, the children’s needs. It can be very detailed, and it may address questions.
The parenting plan can configure the residential arrangement in a variety of ways. In some families, children split their time fifty-fifty between their mother’s home and their father’s. In other cases, the children live most of the time at one parent’s home, which is called the primary residence; that parent is called the primary residential parent. The other parent, called the secondary residential parent, may have the children on select weekends and perhaps one day a week, and maybe on alternating holidays. There are, of course, many different ways to configure parental responsibility, and there is no right or wrong method.
Divorce is the dissolution of the legal contract between a married couple. It means the transforming of a family, not the ending of a family. When parents separate, it is better to think of the family as reorganized instead of broken. Everyone still needs each other. How parents handle the changes that occur because of the reorganization will have a direct effect on how well the children and parents fare after the separation. While change is often difficult, it doesn’t have to be destructive. It makes sense to get psychological support during such trying times. There are a lot of mistakes that don’t have to happen if parents are informed of the best way to solve their issues.
Add comment July 15, 2008
