Common-law Relationships are Growing More Common
According to the census that was carried out in Canada back in 2011, more and more people are deciding to start common-law relationships. For Canadians who are 49 years old and younger, the amount of divorces has also been going down. Some experts think that the two things may be related, as more people turning to common-law relationships would naturally mean fewer people were married and therefore able to get divorced.
A common-law relationship is when two people live together without getting married. They could do this for years, and some people in these relationships are as committed—or more so—as people who make it legal.
The survey to find this information looked at 14 million women in Canada. They were at least 15 years of age. According to the stats, 11 percent of these women had moved in with a common-law partner and were living with them in 2011. Back in 1981, when the same survey was carried out three decades before, only 3.8 per cent of women were in this same situation.
The numbers also went up for women over 50. Specifically, for those between 50 and 54 years old, 11 per cent were in common-law relationships in 2011—exactly the same percentage as the overall total. However, back in 1981, the percentage in this same group was even smaller, with a mere 1.7 per cent reporting that they were in these relationships.
Divorce was fairly common in this age group, though, with roughly 50 per cent of the women having been divorced before entering the current relationships.
It’s important for people in these relationships to know what legal rights they have, as it can be different from an official marriage.
What is Arbitration?
Arbitration can be a very useful tool for those going through a divorce in Canada. The method in which arbitrations are handled is governed by the Ontario Arbitration Act, which went into effect in 1991. The arbitration process can also be used for other types of legal issues, including domestic, private and commercial cases.
By definition, arbitration is when the two parties involved in a dispute work through the issues with a neutral third party until a “final and binding” decision is made. The arbitration process is designed to let the parties retain more control over the proceedings and final divorce settlement. It is usually most beneficial for those who are divorcing amicably or already have a fairly clear idea of how they would like to divide their assets.
Arbitrations also offer the benefit of allowing the parties to work through and resolve the divorce process more quickly than a trial would usually take. One reason for this is that an arbitration allows for the parties to present their evidence without needing direct witnesses testimony — documents and written arguments are acceptable.
However, one aspect that is important to be aware of is that you cannot appeal an arbitrator’s decision. The final decision is legally binding and completely final, so it is absolutely crucial that you understand what the decision means for you and how it might affect your later on. A family lawyer is the best resource when it comes to understanding if arbitration is a good option for your case. A lawyer can also help you prepare for the proceedings and let you know what to expect once a decision has been made.
Source: FindLaw, “What is arbitration and when is it appropriate?,” accessed Dec. 23, 2015
What Does Parental Alienation Look Like?
Parental alienation can take many forms. While it’s not unusual for divorces or separated parents to harbor some negative feelings toward each other, when these feelings spill over into the child’s relationship with one parent, it can mean that parental alienation is occurring. While it is often an intentional action on the part of one parent, parental alienation can also happen unintentionally if the alienating parent is not aware that their actions are having a negative effect on the child.
Common behaviors of someone engaging in parental alienation include casting the other parent in a disparaging light in front of the child, undermining the other parent’s authority, telling the child that the other parent is not safe or is mean and trying to manipulate the child’s affections. In severe cases, the alienating parent may refuse to acknowledge the other parent’s existence or may tell the child that the other parent doesn’t really love or care about them.
Children who are victims of parental alienation often become very confused about what has happened and wind up parroting the words and beliefs of the alienating parent. The child may express a desire to stop seeing the other parent or indicate the he or she does not like or even love the other parent.
Canada law has several provisions for cases of parental alienation. The first step is usually to send something to the alienating parent in writing, informing them of the issue and requesting that the behavior stop, or attempt to work through the issue in mediation. If this doesn’t work, however, it may require further legal action such as bringing the case before a judge or asking for a change in the custody situation.
Know Your Options for Family Law Matters
When you are in the process of dealing with family law issues, you likely want those issues to be resolved as quickly as possible. Generally, there are three options for handling family law issues — court, mediation and arbitration. If you are trying to decide which option is best for your case, you should understand each option. We can help you to learn how each option pertains to your case.
In a court proceeding, you would likely have to wait for a considerable amount of time for a court date to become available. A judge would hear the evidence in the case and make choices about the outcome of the case. You wouldn’t have any say in how it is handled. This proceeding is usually a public proceeding.
In mediation, you and your ex work together with the help of a trained mediator to decide the outcome of the case. You would have to agree on each point that is addressed. This option gives you more control over how the case is handled. If you can’t come to an agreement, you will end up having to go to court.
In arbitration, you and your ex decide on an arbitrator. This arbitrator hears the evidence and both sides of the issues. The arbitrator will then make a decision about how the case should be handled. The decision of the arbitrator is final, so you won’t have to go to court. This proceeding is confidential.
We know that this is a difficult decision. We can help you explore your options so that you can make an informed choice.
Mediation and Arbitration Can Combine in Family Law Cases
Going through a divorce can be difficult for any adult; however, when there are children involved, the divorce can be much more difficult. One way that you and your child’s other parent can handle the child custody aspect of the divorce, as well as issues that come up with the child custody after the divorce, is by using alternative dispute resolution.
We fully understand that the thought of having to deal with your child’s other parent might not be akin to a nightmare. The good news is that when you use ADR, which includes mediation and arbitration, you won’t necessarily have to deal directly with your child’s other parent. Instead, you work with a third party to come to a resolution.
While mediation and arbitration both have their pros and cons, there is an option, med-arb, that combines both processes. When med-arb is used, the process starts off with mediation to resolve the issues at hand. Any issues that aren’t resolved through the mediation process, which involves you and your child’s other parent making the decisions, are moved to arbitration.
When the issues that weren’t resolved move to mediation, the mediator considers both sides and makes a ruling. You and your child’s other parent don’t get to decide the issues that are being arbitrated. The decision made by the arbitrator is binding.
We know that all of this might leave you with questions about how med-arb can help or harm your child custody case. We can help you to get the answers you need so that you can move forward with your child custody.
Who Can Serve as an Arbitrator In a B.C Divorce?
In many family law cases, the parties decide to have an arbitrator settle their dispute out of court. The arbitrator will hear both sides of the issue and make a decision for you.
In some cases, negotiation or mediation might be used in addition to arbitration. The parties do have the freedom to determine exactly how to have the arbitration process set up. The rules, though, must be agreed to in writing by everyone before the process can begin.
The Family Law Act guides arbitrators and whatever decision the arbitrator makes must be consistent with that law. There are several standards that must be met by the arbitrators when it comes to training and practice. The Family Law Act also states what those standards are.
The arbitrator must:
— Be a social worker, psychologist or lawyer.
— Have 10 years’ experience in a field relating to family or family law.
— Have completed training in a multitude of topics, including arbitration, skills development, family law, family violence and decision-making.
It is recommended that you inquire as to an arbitrator’s training before starting the process. Social workers or psychologists can only be arbitrators for issues related to children or child support.
While arbitration is not the right choice for everyone, it can result in a significant amount of time and money savings. You can learn more by contacting the British Columbia Arbitration and Mediation Institute. Because family law encompasses so many areas of the law, having someone to hear your case who is experienced is very important. He or she will be making decisions that will affect your family for years to come.
Can My Ex Stop Me From Moving?
In a simple answer, yes, but parental relocations — the formal term used for when a custodial parent wants to move with the children — are usually much more complicated than that. Summer is prime moving time for many people because the children are out of school and the weather is pleasant. Moving during the summer also gives everyone a chance to adjust to the new place and neighbourhood before school starts back up in the fall. However, if you’re a custodial parent planning to move this summer, there are a few things of which you should be aware.
The first is that you must notify both your ex and the courts of your intent to move. This notice must be given a certain amount in advance of the intended relocation as well, and the exact length is usually noted in your custody order. Providing formal notice of your intent to relocate gives your ex enough time to file an objection if necessary and for the courts to make any needed changes to the custody or access arrangement.
When reviewing your request to relocate, the courts will take into consideration the existing custody and access arrangement, how far the new residence will be from the noncustodial parent and the wishes of all involved. If your ex does not object to the move and is willing to agree to alter the access arrangement, you likely won’t have any issues.
However, if your ex does object to the move, you may need to consider a more formal dispute resolution option. Arbitration, for example, can help both of you come to an agreement on what is in the best interests of the children and how the access arrangement may be adjusted to protect the child’s relationship with both children.
Source: FindLaw, “Can custodial parents move their children?,” accessed June 09, 2016
Arbitration Is Usually Preferable Over Litigation
Family law matters are often very personal matters that can include some private information. When you and your ex can’t work out the details of a divorce or other family law matters, you might have to make a choice between arbitration and litigation. This decision requires thought, but you should be aware of exactly what arbitration entails before you decide.
Generally, arbitration is faster than litigation. This means that you can have your issues resolved through arbitration much faster than what would be possible if you had to wait for the court to decide your issues.
If you choose arbitration, you would present your side of the case to the arbitrator. Your soon-to-be ex would do the same. The arbitrator would then make a decision about how the case must be resolved. The proceedings are confidential, so you don’t have to worry about your personal information being made public like you would if you went through litigation. That is a big bonus if you have children to protect or if you have considerable assets or personal matters at the heart of the case.
We know that you might be wondering how this is different from litigation. One way is that you and your ex get to pick the arbitrator. You can choose an arbitrator who has experience in family law matters. If you end up going to court, you can’t choose the judge who will hear your case.
We can work with you to help you understand how arbitration might affect your case. Choosing to go through arbitration is a big decision that mustn’t be made lightly. You should make sure that you have all of the information before you decide.
The Benefits of Arbitration
When it comes to divorce, many people may imagine two spouses standing in front of a judge airing their grievances. However, couples in British Columbia have several choices, allowing them to find the process that fits best with their circumstances and their post-divorce goals. While there are pros and cons to litigation, mediation and arbitration, many find arbitration a better solution than going to court.
One of the benefits of arbitration is the flexibility. Instead of being at the mercy of a judge’s timetable, arbitration is scheduled at a time that is convenient for all involved. This often means your dispute is resolved faster than if you waited for a trial date. You also get to choose the arbitrator so you can be assured that he or she has extensive experience with family law. In court, you have no choice and no guarantee that the judge has a family law background.
Unlike mediation, at the end of an arbitration, a decision is always reached. However, you may not have the control over the decision that you might in a mediation. This is why many people choose arbitration when they have reached an impasse in mediation and need an objective outsider to reach a solution.
Those in British Columbia who can’t decide which method of divorce is best can also use a combination of mediation and arbitration. If this is something you are considering, West Coast ADR Law Group offers lawyers, mediators and arbitrators to help you resolve your divorce disputes in a manner that benefits your family. Many find that choosing alternative methods to litigation leaves them in a healthier, more positive place after their divorce.