Guest Column: Amici Curiae Paralegals to Deliver an Innovative Pro Bono Service, Temporary Foreign Worker Divorce Clinic

by Dom Bautista,

Executive Director, Law Courts Centre

The Amici Curiae Pro Bono Paralegal Programme, which is now in its fourth year of operations, is expanding its services to serve Temporary Foreign Workers who need help in preparing their uncontested divorce applications.

The clinic is offering help to TFWs, specifically those who come from countries like the Philippines where divorce is not allowed, who need to complete their application for an uncontested divorce order with the Supreme Court of British Columbia. The clinic also helps TFWs who have children in their native country, and are in the process of applying to include their children, but not their spouse, in their application to become a Canadian Permanent Resident. For TFWs who do not wish to include their spouse in their PR application, Immigration Canada requires proof of separation, such as a divorce order. The objective of the programme is to help draft these forms to meet the legal requirements and guidelines.

The Amici Curiae volunteers are skilled paralegals who have at least two years litigation experience; they have completed their training in preparing uncontested divorce applications in British Columbia.

Innovation

We have adopted private practice service standards, integrated innovative concepts like unbundling legal services, and used technology to deliver what we hope will be a top notch pro bono service. Consider:

Unbundled service. We have streamlined uncontested divorce applications in British Columbia to eight steps. Our clients can engage us in any of the eight steps. Each step will specify what documents need to be prepared and submitted to the court registry. 

Certitude. Our clients will be told how much they should expect to pay and how long each step should take. 

Support. At each session, will have at least one volunteer who speaks Filipino. At the end of each session, the clients will receive a written checklist or instructions. In between service times, they will receive email or text reminders in the language of their choice.

About the Clinic

Each clinic session will have a duty counsel present to review the completed forms. No legal advice will be given at the clinics. Our clinics will be held on Saturdays. Each session is one hour long. Clients can choose either the 2:00 pm or 3:00 pm time slots. Our first clinic will be held on 6 June 2015.

Email address. tfw.divorce@gmail.com 

Reservations number. 778.322.2839 

Location. Justice Education Society of British Columbia, Room 260 at 800 Hornby Street in Vancouver, British Columbia

Amici Curiae's TFW clinic is self-funded, thus our clients will be charged $25 for each session to help cover expenses.

Our TFW clinic is the latest addition to our growing list of services which include the civil and human rights matters.

This is an exciting time for the practice of pro bono work in British Columbia. If you are interested in participating as duty counsel or paralegal, please write me.

About Dom Bautista

Dom C. Bautista is the executive director of Law Courts Center in Vancouver. When not teaching, he tinkers with ways to open access to justice to self-represented litigants in BC. Follow Dom on Twitter at @lccdombautista.

Guest Column: Attorney General on the New Family Law Act

by the Honourable Shirley Bond,

Minister of Justice and Attorney General

For the first time in more than three decades, British Columbia has brought in landmark legislation introducing new, modernized family law.

If you’re a frequent visitor to this blog, you are probably aware of the broad scope of changes that take effect under the new Family Law Act today. Over the past six years, JP Boyd has provided an abundance of information on the subject and this blog has served as a valuable family law resource in our province. His work to explain in plain language the changes under the new act has significantly contributed to the public understanding of new law, and I would like to take this opportunity to thank him for his work and highlight some of the key pieces in this new legislation.

The Family Law Act is centered on supporting modern B.C. families, no matter how they are defined. The unfortunate reality is that the number of families going through separation and divorce is on the rise. Family life and society in general, has changed significantly since 1979, which is when the outdated Family Relations Act took effect. Over time, the courts have stepped in and made rulings that reflect our modern society.

Our new family law reflects family justice reform in a way that better represents the values of our citizens, and it addresses and provides clarity around important topics like out-of-court dispute resolution, property division and parenting arrangements and family violence. Most importantly, the new family law is about ensuring children’s interests and safety are given the utmost priority when families go through the emotional turmoil that often comes with separation and divorce.

Our government’s work to replace the old Family Relations Act and replace it with today’s Family Law Act has been underway since 2006, and has been guided by four B.C. attorneys general along the way.

On behalf of the B.C. government, I would like to offer gratitude and appreciation to JP Boyd, as well as other members of the Family Law Act Advisory Committee, for the countless hours they have devoted to helping us reform, prepare and train for the new Family Law Act. Their work has not gone unnoticed, and B.C. families will be better served as a result of their efforts.

About the Honourable Shirley Bond

Shirley Bond was elected in 2001 and 2005 as the MLA for Prince George-Mount Robson, and re-elected for a third term in 2009 as the MLA for Prince George-Valemount. Shirley was appointed Minister of Justice and Attorney General on 8 February 2012. Prior to her new role, she was appointed Minister of Public Safety and Solicitor General on 14 March 2011 and Acting Attorney General on 18 August 2011. She is the first woman in British Columbia to hold these positions.

As Minister of Justice and Attorney General, she is responsible for police and correctional services, the Superintendent of Motor Vehicles, crime prevention and victims’ assistance, and emergency management. As Attorney General, she is also responsible for criminal justice and family law, court administration, legal aid and public legal education, family maintenance and legal services to government.

Guest Column: "Six Tips for Single Parents with Back to School Children"

by Lois Tarter

Summer is almost over and a new school year is on the horizon. The back to school divorced parent has a lot to deal with by the time the first school bell rings. When a new school year kicks off there are adjustments for kids and parents alike in any household. Here are six helpful tips that will get you through the tough transitional process this school year.

Don’t Burn Out: No need to take on the world. In the end, you will wind up getting burnt out. A single parent needs to take a steady, but comfortable pace and they will win the race.

Coordinate: Reach out to other parents and find out how you can all work together as a team. There are sure to be many rides to sports events, practices and parties, so coordinating with the other parents will help out tremendously.

Teamwork at Home: Working together as a family at home after school will make everything run much more smoothly. For example, if you and your ex washed the dishes after dinner it’s now time to bring one of your children into the fold. Kids have lots of energy and they want to learn, so pass a dish to dry and get them involved.

Teacher’s Pet: Let your children’s teacher know that you are divorced and navigating this school year as a newly single parent. They may have some helpful tips for you. Also, it’s your kids first school year with single parents. Maybe the teacher can let you know if there are any behavioral changes in your child because they are also going through a tough adjustment.

Meet with Your Ex: With the school year about to be in full swing, it’s important to have a meeting with your ex! There are lots of things to cover from back to school clothes to weekend visits to sporting events. No matter how you may feel about your ex, you’re still parents and the better communication you have about the children the better it will be for everybody at the end of the day.

Back to School Night: You and your ex will probably see each other at back to school night and parent teacher conferences throughout the year. Don’t make it back to school fight! Keep it civil and focused on the well-being of your children for this school year.

About Lois Tarter

Lois Tarter has a Bachelor of Arts Degree in Sociology and a Master’s Degree in Alternative Dispute Resolution. After receiving her Master’s Degree in Alternative Dispute Resolution, Tarter worked as a Mediator for the City Attorney’s office in Los Angeles.

Lois has written articles about divorce for such popular publications as The Huffington Post, SheKnows and More magazine. For more information, visit TheDivorceRitual.com and Twitter.com/LoisTarter.

Guest Column: "Pros and Cons of Divorced Parents Sharing a Nanny"

by Maryanne Williams

Even the most amicable divorce is likely to leave your children feeling confused and disillusioned, especially if that divorce contributes to a shift in economic status or is the driving force behind a move from the home they’ve grown up in. Because a divorce may facilitate the need for a previously stay-at-home parent to return to the workforce, it may also leave parents in need of a full-time childcare provider. Sharing a nanny with your ex certainly has its pros and cons; however there are a few things to consider before making your final childcare decision.

Pros of Sharing a Nanny with Your Ex-Spouse

If your nanny was an established part of your kids’ daily routine before you separated from your ex, then she’s likely to be one of the few remaining bits of stability they can cling to. When so much else has changed in their life, being cared for by the same person that they’ve known and loved since before their family and household dissolved can make the transition easier for some children. Nannies that are able to remain neutral and avoid choosing sides can also prove to be very valuable mediators in times of tension, which are unfortunately quite common, especially in the earliest stages of a divorce.

Maintaining a stable and reliable schedule can be particularly difficult for parents that share joint custody, as children are forced to split their time between two separate homes and adapt to the changing personal schedules of the two separate parents that once functioned as a unit. When Nanny accompanies kids from one home to another, and sees to their needs and well-being just as she always has, the transition from one home to two can be made significantly smoother. Parents can also avoid scheduling confusion regarding picking kids up from and dropping them off at after-school activities, sports practices, or lesson rehearsals by delegating the task to one neutral party. Few things add insult to the existing injury of a divorce in the family like being lost in the shuffle between them and left at school or forgotten at practice, but it can happen when two people are still in the process of ironing out the proverbial kinks in scheduling that accompany joint custody.

Nannies that spend the majority of each day with their charges are also intimately familiar with the comfort objects, favorite toys, and other details that might be forgotten when bags are packed by parents for shuffling between homes. These aren’t as likely to slip Nanny’s mind making them less likely to be forgotten. She can also offer reassurance to kids by being nearby despite the relative unfamiliarity of new homes and neighborhoods. If you’re both forced to move from the home that your children grew up in, your kids may also be separated from the neighborhood playmates that they’ve maintained friendships with for most of their lives, and neither you nor your spouse is likely to have time for ferrying kids between play dates. This is another situation in which your nanny is worth her weight in gold: by making herself available to both you and your ex, she will be able to help your kids stay in touch with the friends that they might otherwise grow apart from.

Finally, sharing the expense of Nanny’s salary may be the only way to make the arrangement financially feasible; a major plus if you’re committed to avoiding center-based daycare.

Cons of Sharing a Nanny with Your Ex

Despite the stability and familiarity that your nanny provides to your children during the tumultuous divorce proceedings and their aftermath, there are a few drawbacks to sharing her with your ex-spouse. The biggest concern is her ability to remain neutral, because she will be in the unique position of either quelling or fanning the flames of continued conflicts by sharing sensitive information that she’s privy to through her regular contact with both parties. This can be particularly damaging if you’re still in the process of finalizing your divorce, especially if it’s a bitter one.

Sharing a live-in nanny could also create the necessity for an additional private bedroom, which may create a financial strain for parents that are already cash-strapped as a result of their divorce. In post-divorce dwellings, on both sides of the fence, space can be at a premium. Still, the days of Nanny sleeping in the same room as her charges are long over; if you intend to retain a live-in nanny, you may both need to provide a private space for her to decompress in and relax away from the demands of her job. Those demands may be exponentially increased when she’s forced to play intermediary between battling divorcees, which also increases her risk of burn out.

Ultimately, the decision to share your nanny with your ex-spouse is one that must be made by the three of you, and with full disclosure by all parties about expectations and responsibilities.

Despite the stability and familiarity that your nanny provides to your children during the tumultuous divorce proceedings and their aftermath, there are a few drawbacks to sharing her with your ex-spouse. The biggest concern is her ability to remain neutral, because she will be in the unique position of either quelling or fanning the flames of continued conflicts by sharing sensitive information that she’s privy to through her regular contact with both parties. This can be particularly damaging if you’re still in the process of finalizing your divorce, especially if it’s a bitter one.

Sharing a live-in nanny could also create the necessity for an additional private bedroom, which may create a financial strain for parents that are already cash-strapped as a result of their divorce. In post-divorce dwellings, on both sides of the fence, space can be at a premium. Still, the days of Nanny sleeping in the same room as her charges are long over; if you intend to retain a live-in nanny, you may both need to provide a private space for her to decompress in and relax away from the demands of her job. Those demands may be exponentially increased when she’s forced to play intermediary between battling divorcees, which also increases her risk of burn out.

Ultimately, the decision to share your nanny with your ex-spouse is one that must be made by the three of you, and with full disclosure by all parties about expectations and responsibilities.

About Maryann Williams

Maryannn Williams is an ex-nanny. Passionate about thought leadership and writing, Maryanne regularly contributes to various career, social media, public relations, branding, and parenting blogs and websites, including www.shareananny.com where this article was originally published. She also provides value to nanny service by giving advice on site design, as well as features and functionality, to provide more and more value to nannies and families across the U.S. and Canada. She can be found at william.mary11@gmail.com.
 

Guest Column: "Mediation Tips"

by Brenda Shapiro, Esq.

When you are getting ready for your first mediation conversation, chances are that your mediator will share with you some tips and/or rules of the road to guide the conversation. The number of tips and the emphasis placed on each may vary from mediator to mediator but here are some of the critical considerations and commitments that we ask of our mediation clients.

• Enter into the mediation process in good faith and with the belief that a satisfactory resolution for the dispute is possible.
• Understand that the best possible solution for the dispute lies within you and the other party.

In mediation, emphasis will be on identifying the respective interests of the affected parties. This can lead to a process of creative problem-solving that generally far exceeds the scope of traditional legal remedies. Remember that the law is based on one of two principles, serving the greater good or a very narrow and specific set of facts from a given situation. It is likely that what is just and fair for the community at large, may not satisfy your interests. And, unless your fact pattern is closely aligned with that of precedent case law, your resolution might come from uncharted territory.

• Be willing to engage in the mediation process in a spirit of compromise and negotiation.

If you are entering mediation with a checklist of unyielding wants and needs then mediation will not work. Each person in a mediation discussion needs to listen and hear what the other person is saying and, likewise, has to be able to clearly communicate what it is that they hope the resolution will address.

One of the beauties of mediation is that it can represent your last, best chance to reach resolution that you control. Being inflexible can result in the resolution being imposed upon you by a dis-interested third party such as a judge.

• Provide full and accurate information during the mediation process so that both parties are able to make informed decisions.

If you are participating in mediation because you think its relative informality and the lack of a judge will make it easier to hide information, you are wrong. In the Pledge to Mediate as well as any settlement agreement arising out of the process, you will be asked to sign your name indicating that have not withheld information, misrepresented information, etc. There are legal consequences if you are later found to have been anything but up front, complete and honest.

• Focus on the freedom of the "after" instead of being a victim of the "past".

If all you want out of mediation is to re-hash history, you won't very much enjoy the experience. Instead, the best outcomes are possible when the parties consider what life would be like after a resolution and how it can springboard them to a new place in mindset and life.

About Brenda B. Shapiro, Esq.

Attorney Brenda B. Shapiro provides legal counsel to clients on family law matters, including prenuptial and postnuptial agreements, divorce, child custody, access and time-sharing, post-dissolution, domestic violence, and grandparents’ rights. She established the Law Offices of Brenda B. Shapiro, LLC in 1994, where she is managing partner. She is also a founding director of the Collaborative Family Law Institute. For more information, visit www.bbshapirolaw.com.

Guest Column: "Protect the Children of 'Baby Mommas'"

by Brenda Shapiro, Esq.

When a young girlfriend of a professional athlete, musician or other celebrity gives birth, she joins the growing number of “baby mommas” in South Florida and the nation. While these women in their teens or early 20s come from very different social and economic backgrounds, they would all like their children to have a secure financial future.

The fathers have different goals. Even if he has a good relationship with the baby momma and contributes to his child's care. Fathers live in the fast lane focused on career and endorsement contracts. They buy every boy toy imaginable including cars, jewelry, multiple residences, boats, planes, et al. spending their new wealth freely.

For most of these fathers, marriage to the woman who gave birth to their child is unnecessary. They hope to avoid a host of legal and financial complications. And there are other fathers who try to distance themselves from the situation, forcing the baby momma to file a paternity suit to establish her child’s rights.

Today, a professional athlete might have a three-year contract for $5 million, $10 million or more per year. That's a big chunk of change for a young man in his early twenties whose life has suddenly changed. He is in the media spotlight and constantly being told he's a star. He is pursued by money managers, who promise to manage the financial and investment side of his life, who may or may not have his interests at heart.

Few professional athletes think ahead about what will happen to their money after their peak earning years come to an end. Only a handful of pros like Magic Johnson and Shaquille O’Neal or celluloid stars like Brad Pitt have been able to harness their skills and celebrity status to find success in the business world. Yes. Angelina Jolie is a baby momma.

So, what does short-term earning curve mean financially for baby mommas and their children?

First, the new mother is entitled to child support, based on guidelines established by state statute. Those guidelines are designed to meet the immediate needs of the child – not the mother. And unless the child requires special medical or developmental care, the monthly cost of providing food, shelter, clothing and day care is going to be relatively small compared to the father's high income.

Paying child support usually poses no immediate problem for the high-earning father – at least until the contract comes to an end. Then the financial picture will probably change dramatically. There may be no money left for the child, since the flow of funds has been drastically reduced and the many assets are now liabilities without cash flow to pay the debt.

In light of this all-too-familiar situation, statutes should be revised to address "Good Fortune" child support. Good fortune child support recognizes the long accepted principle that children who are dependent on their parents should share in their parents' wealth. It does not require a lifestyle analysis. Instead of little league baseball or soccer, it allows the court to consider the special benefits available to the wealthy; little league baseball and soccer, swimming lessons, horse-back riding, ballet, music lessons, tennis lessons, private schooling, tutoring et al. It would create the opportunity to order irrevocable trust funds established for each child. The trust funds would be funded from the difference between reasonable child support and the statutory guidelines based upon the parents' net monthly income. An athlete earning millions a year will not notice the contributions needed to fund a college education or career training in the future. Placing the fund under the management of a disinterested third party, preferably a bank trust department selected by the parties or appointed by the court, can help assure that those dollars will be available as the child grows into adulthood.

Putting a court-ordered trust fund in place today provides the child of a baby momma with long-term financial security. Long after the father’s income disappears, those funds will be available to give his son or daughter a better opportunity in life. It's the right thing to do – for all parties.

About Brenda B. Shapiro, Esq.

Attorney Brenda B. Shapiro provides legal counsel to clients on family law matters, including prenuptial and postnuptial agreements, divorce, child custody, access and time-sharing, post-dissolution, domestic violence, and grandparents’ rights. She established the Law Offices of Brenda B. Shapiro, LLC in 1994, where she is managing partner. She is also a founding director of the Collaborative Family Law Institute. For more information, visit www.bbshapirolaw.com.