Posts filed under 'the children's best interest'
Taking doom and gloom out of the divorce process
Taking the doom and gloom out of the divorce process can sound like a daunting process. But, it need not be if you are smart about your divorce.
With a smart divorce, you realize that the pain of divorce can be lessened dramatically by properly handling the competing emotional and legal sides of divorce. And, that you deal with the emotional side of divorce outside of the legal system. If you are able to do this then you are more likely to gain perspective on your legal options early on; this will assist you in making informed decisions, protect you from the damage that uncontrolled emotions can cause; and guide you in meeting your children’s best interest.
Being smart about divorce also means arming yourself with knowledge about the divorce process. There are many ways to research divorce. Here are a few ways that I can help you navigate the divorce process:
- Reading the book, The Smart Divorce – available at amazon.com, amazon.ca, barnesandnoble.com and wherever books are sold.
- My One-on-One divorce consulting can help you think strategically about the divorce process. one_on_one_consulting-pdf
- Enrolling in one of The Smart Divorce workshops.
There was a recent article in The Toronto Star which outlines the benefits of The Smart Divorce workshops. http://www.thestar.com/Comment/article/541734
If you think that any of this would be helpful for you, please don’t hesitate to contact me at info@thesmartdivorce.com
Wishing you all the best during this difficult time,
Deborah
Add comment November 25, 2008
Help, my teenager doesn’t want to spend time with me!
Flexibility is especially important as your children enter their teen years. Teenagers are self-centered. Teenagers are fickle. Teenagers tend to see their parents for what they can offer–a wallet (money), a fridge (food, food, and more food), a bed (a place to sleep all day) and a car (with you as either their personal chauffeur or the “giver of the car keys”).
Don’t mistake your teenager’s struggle for independence, or his or her desire to spend more time with friends or on the Internet, for symptoms of your divorce. As children reach their early or mid-teens, their peer groups become essential to their lives. They don’t care about Mom’s time or Dad’s time; they just care about their own time. Their whole life focuses around their friends, which is normal–their primary focus is on themselves.
Many parents also complain that their children never let them know ahead of time what they will be doing, but that may be because the children themselves do not really know; that’s not how children make their plans. They get on their computers, they instant message each other, and the plan emerges, sometimes within a space of fifteen minutes. All of a sudden, they are busy and on their way to join up with friends.
Teenage behavior can be hard to take sometimes. The teen years can be especially hard for noncustodial parents. If you live an hour away from your child’s primary residence, where his or her school and peer group are, that makes it tough for the teenager to really enjoy his or her time at your home. As difficult as it may be for the noncustodial parent, most times that parent needs to take a backseat role to the person who is the custodial parent.
Here are some tips to stay connected with your teens:
- Offer to drive them to their friends.
- Check in with your kids via their cell phones and e-mail accounts to just to say, “What’s up?”; “How was your day?”; and so forth. Checking in helps ensure that you have as much input with your kids as their friends do.
- Be flexible; be an open door. Invite kids over either after school or for a few hours on the weekend, or just to have dinner, rather than for the full evening or weekend. You can say, “You are welcome the entire weekend, but I won’t be upset if you want to be with your friends; you tell me if it fits in. If not, and you want to be with your friends, I’ll drive you.” If you pressure your kids to give up time with their friends in order to be with you, it will only backfire, causing your children to avoid you.
Try not to think in terms of minutes and hours;
think in terms of the quality of the relationship
you are building and sustaining.
4 comments September 1, 2008
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
5 steps to post divorce happiness
Achieving happiness postdivorce is possible. But, like most things in life with a positive outcome, it requires hard work. There are things that you can do as you move through the divorce process to prepare and enable you to move forward with focus, hope and confidence; upon closing your divorce file.
Please click on the link to read more about tips and strategies as to how to accomplish postdivorce happiness. 5-steps-to-post-divorce-happiness-more-magazine-12
I wrote this article for More magazine’s online edition. More magazine is a publication which celebrates women over 40. Men should also feel comfortable reading this article as it offers great insight into moving on - postdivorce; tips that apply to both men and women. If you would like to browse through this magazine click on the following link: www.more.ca
Life is like a book: some chapters are more difficult to get through than others. When I started living on my own again, I thought about how the new chapters of my own life were going to be written. I began to ask myself many questions. Can people actually be single and happy postdivorce? If they can, how do they achieve this? What is their secret? Is it like one of those new fad diets–just follow these few simple steps and, poof, a new you, easily transformed while you sleep? Or can you only reach that elusive goal of happiness when you find that perfect mate–your knight in shining armor or damsel in distress?
Think about how you would like your life to look like postdivorce and start doing some of those things now. You have choices and control. It’s up to you as to how this new chapter in your life is going to be written.
2 comments July 21, 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
Making it Through Your Divorce
Take charge and you’ll feel better…..
I noticed in the early days of divorce, that if you behave passively, like a leaf that is simply tossed this way and that by the wind, you are taking away your own freedom to move forward with your life. A smart divorce requires you to do some work, not be passive. Once you truly accept this, you will have set your feet firmly on a path that can enrich you rather than diminish you.
Give your self the opportunity to explore and
consciously make choices about the
life you want to lead.
Here are the top 5 things you need to think about so that you can achieve control and avoid the pitfalls which can undermine you after divorce.
- Envision what you would like life to look like when you are ready to start moving on, and think about what you need to do to get there.
- Will you have to move? If you do, think positive, perhaps this will give you a fresh start and way to begin life postdivorce - creating your better life.
- Will you have to go back to work? If you have been out of the workforce for a while, consider retraining and look for opportunities which you are passionate about. What have you always wanted to do? Perhaps now is the time to break out and try something different. If you don’t need to work, consider volunteer work and/or pursuing some new interests and hobbies.
- Develop your support network of new friends, family, clergy, a therapist or support groups.
- Do what you can to have a positive outlook. By feeling good about yourself, you will be a better parent. Putting your children’s best interest first should be your first objective. Finding a way to manage your emotions privately, giving your children a sense of security and love will go a long way to help your children adjust though the divorce.
What happens when you can’t see beyond this stage of divorce and the possibility of ever finding happiness? You will be undermining yourself and unable to move forward. If you focus on the hurt you lose perspective; you lose a sense of the larger picture and how this new life can take shape. You need to develop a sense of purpose for yourself.
Don’t make the mistake of surrendering to your divorce by thinking, “It’s the end of life.” It may be the end of life as you know it, but the truth is you could actually develop a better life if you work at it!
Add comment July 3, 2008
Children’s Bill of Rights from…..
Children’s Bill of Rights
from DivorceHQ.com
Here is another Children’s Bill of Rights which I came across and should help divorcing parents think about what the best interests of the children really mean and other ideas to accomplish this.
We the children of the divorcing parents, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish these Bill Of Rights for all children.
- The right not to be asked to “choose sides” or be put in a situation where I would have to take sides between my parents.
- The right to be treated as a person and not as a pawn, possession or a negotiating chip.
- The right to freely and privately communicate with both parents.
- The right not to be asked questions by one parent about the other.
- The right not to be a messenger.
- The right to express my feelings.
- The right to adequate visitation with the non-custodial parent which will best serve my needs and wishes.
- The right to love and have a relationship with both parents without being made to feel guilty.
- The right not to hear either parent say anything bad about the other.
- The right to the same educational opportunities and economic support that I would have had if my parents did not divorce.
- The right to have what is in my best interest protected at all times.
- The right to maintain my status as a child and not to take on adult responsibilities for the sake of the parent’s well being.
- The right to request my parents seek appropriate emotional and social support when needed.
- The right to expect consistent parenting at a time when little in my life seems constant or secure.
- The right to expect healthy relationship modeling, despite the recent events.
- The right to expect the utmost support when taking the time and steps needed to secure a healthy adjustment to the current situation.
Please realize that this is NOT law, anywhere. The “Children’s’ Bill of Rights” is not legally enforceable, but rather suggestions made to keep the best interest of the child a priority.
Add comment February 29, 2008
Putting your children’s best interests first
The Best Interests of Your Children
While conducting some research for an upcoming book within The Smart Divorce® series I had an interesting conversation with a child protection lawyer about the best interests of the children. From this lawyer’s perspective and what I see in my consulting practice and watching what goes on around me, we agreed that people often talk about it, but don’t necessarily do it – that is put their children’s best interests first. What does best interest of the children really mean? Is it fitting your schedule into your children’s or the other way around?
Defining Children’s Best Interest
There are many definitions as to what best interest means. The Geneva Convention defines it as acknowledging that every child has certain basic rights, including the right to life, his or her own name and identity, to be raised by his or her parents within a family or cultural grouping and have a relationship with both parents, even if that means they live in two different households. It sounds straightforward, but it isn’t necessarily that easy because divorce is complicated by emotions. And – these emotions if not managed, can impair your parenting skills – causing you to think you are putting your children’s best interest first, but many parents are not! This can happen when parents are overwhelmed with their own emotions causing their parenting skills to be weakened.
Simply put, the best interests of the children means doing what is best for your children. How do you achieve this when you might be feeling raw and bitter? You need to:
- deal with your emotions (use your support network for help such as a therapist, clergy, support groups, friends and family)
- Put your emotions on the shelf so that you can be the best parent for you children.
- Let your children participate in activities and do what they would normally have done if you were married.
Children should not be punished because an
activity falls on one parent or the others time
While a parent might be supportive of an extra curricular activity, they don’t let the children participate because it falls on their time – thinking that it is punishing the other parent, when actually it is the children who suffer.
You need to recognize, that children are not possessions they are not “my children, not your children”– they still have 2 parents, you need to reframe your thinking into these children being our children.
1 comment February 29, 2008
