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Can Collaborative Law Prevent a Divorce From Getting Ugly?

January 18, 2017 by West Coast ADR

When two people choose to end their marriage, it is rarely a decision reached without expressing at least a few negative emotions. It may be hoped, however, that a separation agreement can be reached without undue acrimony so that both parties may move on with their lives as expediently as possible. In British Columbia, people may choose to take advantage of the collaborative law process in order to settle their differences in relative peace. Clearly, two Hollywood celebrities currently in the news did not choose this path.

Singer Robin Thicke and actress Paula Patton announced their divorce three years ago, and yet the custody battle over their now 6-year-old son, Julian, still continues. In the latest development, Patton has accused Thicke of abusing the boy, allegations which are being investigated by the Los Angeles County Department of Child and Family Services. Patton has reportedly blocked Thicke’s access to their son, and she filed an emergency order for an adjustment to their current custody agreement that would limit his visitation to supervised visits during daytime hours only.

In his defence, Thicke claims he has spanked the child for discipline, but only lightly and on rare occasions as a last resort. He further claims this level of discipline is in keeping with an agreement made with Patton while the two were still married. In his opinion, this was an attempt at revenge after Patton was denied an invitation to the funeral for Thicke’s father, actor Alan Thicke, in December 2016. A judge dismissed Patton’s request for limited access.

Very few people have the details of their divorce or child custody dispute written about in the news. Nevertheless, even a private citizen may suffer as the result of a possibly vindictive attempt to alter an arrangement, and certainly, the children may suffer, as well. Agreements made via collaborative law are more likely to be adhered to in the future because of the circumstances in which they were created. By working with a British Columbia family law firm, it may be possible to cooperate with an ex-spouse rather than come to conflict.

Source: National Post, “Paula Patton accuses ex-husband Robin Thicke of abusing their son amid bitter custody battle“, Sadaf Ahsan, Jan. 13, 2017

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