Best Vancouver Divorce Lawyer Tips help you understand how and what to do to increase your chances of a successful outcome in your Vancouver divorce and separation case. The steps you take before and after separation should follow our Best Vancouver Divorce Lawyer Tips set out below. We have offices across BC and in Calgary and we can meet with you early on to get things started on the right track.
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So you’ve decided that your BC marriage is failing and it’s time to contemplate divorce. Your head may be spinning with questions about the process and what it means for you and your family, particularly your children. Beware that rash or premeditated actions during the divorce process can come back to haunt you!
If you are contemplating divorce and need advice on how to plan this difficult process, our highly acclaimed divorce lawyers are here to assist you. Collecting financial information, closing down social media accounts, and acting appropriately all pay huge dividends.
The highly regarded Vancouver lawyers at MacLean Family Law Group are experienced in complex divorce cases and high conflict child custody cases. When contemplating a divorce, Lorne MacLean, Q.C. recommends that you:
- Consult an experienced family law lawyer. Find a lawyer you feel comfortable with and who is best suited to your needs. Be 100% honest with a lawyer and don’t be afraid to express your concerns or ask tough questions.
- Do your research and educate yourself on the divorce process. Even if you have a lawyer, the best decisions are made with a thorough understanding of what you are getting yourself into. Get Lorne MacLean, Q.C.’s pre-divorce planning tips.
- Consider what is truly best for your children with regards to living arrangements. Don’t make hasty decisions made out of anger or resentment towards your partner by forcing the children to become “property” of the marriage. Furthermore, don’t base custody of your children on either saving yourself from having to provide money to your ex-spouse or as a way to receive a cheque in the mail. Either way, children cost money and the sole consideration is the best interests of the children in seeing both parents which is also called the “maximum contact” principle.
- Make sure you have access to important documents and bank accounts. Do not become blissfully unaware of your partner’s handling of the bills, mortgage payments, etc. or you may hit a roadblock when it comes to determining property and assets for preparation of your divorce.
- Do not take rash premeditated actions before or after separation from your spouse which you think will benefit your case. False allegations of abuse or aggressive nature, complaining of the your spouse’s care or treatment of the children, and creating arguments between you and your spouse, are prime examples of behaviour which is not warranted or admired in a court of law. In fact, you may even lose your case through this type of behaviour.
- Build yourself a support group while going through a divorce but make sure your children are excluded. Do not run around the neighbourhood telling everybody what a horrible ex-spouse you have. Choose to confide in close family and friends who can help you focus on forging your new path in life.
- You and your spouse may want to consider using a mediator or divorce counselor to help ease the transition from separation to divorce. This can reduce stress and help both parties to make better decisions for themselves and their children.
Best Vancouver Divorce Lawyer Tips
It is important for any person who is choosing divorce to know the safest and most appropriate actions to take. This is especially important when children are caught in a fairness dilemma where each parent feels that the children belong with solely with them. Guide your actions with this mantra: Love your children more than you dislike your spouse.
Best Vancouver Divorce Lawyer Tips – Don’t Make This Mistake
In the case, A.S. V. G. K., [2012]. O.J. No. 4575, a husband attempted to gain care and control of his children through premeditated actions against the wife. The case headnote states:
HELD: Motion allowed. There was urgency, hardship and it was in the interests of justice to hear the mother’s motion on an emergency basis. Moreover, it was in the best interests of the children to hear the motion. The current situation was not tenable. The father’s actions in going to the police the day before the altercation raised a reasonable suspicion that he was preparing to get the mother out of the house to get control of the children. If he was concerned about the mother and the children, he could have sought help in other ways. Although the father claimed he wanted to resolve the issues between the parties, in reality he wanted to remain in the matrimonial home and be the primary parent. Given both the children were so young, it was important that they maintain contact with both parents, including overnight contact. The mother was awarded temporary custody of both children and was to be their primary caregiver. The father was to have generous access at reasonable times to be worked out between the parties.
Best Vancouver Divorce Lawyer Tips – Bad Conduct Can Hurt You
Mr. Justice Greer questioned the husband’s conduct in the facts leading up to the parties’ separation. He states at para. 11:
The Husband, on his own and without provocation, went to the police station the evening before the altercation, to ask what he should do about the Wife’s post-partum depression. In my view this raises a questionable suspicion that he was preparing to get her out of the house and get control of the children. Why did he not call the Wife’s relatives in the City, to ask about it and seek their help? Why did he not speak to mutual friends about what he says was her condition? Dr. Wilton is also the children’s doctor.
Best Vancouver Divorce Lawyer Tips – Maximum Contact Principle
Mr. Justice Greer determined that the husband clearly showed that he wanted to exercise sole control over the children’s lives with little participation from the wife. Evidence in the Husband’s Affidavit damaged his case by proving that a child deprived of his or her right to a relationship with a parent can cause long-term problems for that child even when s(he) become an adult. Mr. Justice Greer concluded at para 20:
The wrenching of the children away from the Wife and the sporadic access has, in my view, been sufficient to traumatize them, although they are adjusting to changes as they may be able to do so.
Best Vancouver Divorce Lawyer Tips – Hire A top Vancouver Family Lawyer to Help You Act In A Way That maximizes Your Chances of Success
This is a classic case of one spouse trying to gain control of a custody situation by using personal motives and premeditated actions to make the other spouse appear as if he or she lacks the ability to properly parent. The husband in this particular case was reprimanded for his actions by the courts granting the wife temporary custody after deciding that the husband’s sole interest was personal gain as opposed to the best interests of his children.
BC Divorce can be a life-changing event, for both you and your children. A smooth and amicable divorce is hard to achieve but is best approached with respect towards your children and your spouse, and by having an understanding as to what rights and obligations both parties’ possess in the divorce process.
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Romney Burkett
Legal Administrative Assistant
