By Brian Galbraith on There is a myth that fathers never get custody. This myth is based on the historic fact that most children traditionally were raised by mothers and that fathers were the bread-winners. As a result, in those days, it made sense that the courts assumed it was in the best interests of the children to be … Continue Reading
By Brian Galbraith on The term custody refers to how parents make decisions for their children. Joint Custody means that the major decisions are made by the parents together. Sole custody means that one parent makes the major decisions. If the other parent has sole custody, you have a legal right to access information about your children from caregivers, … Continue Reading
By Brian Galbraith on Daily structure and routine can help your children feel more secure. Children often find school stressful. Add to that the anxiety and worries of a recent separation and it can be a very difficult time for children. Giving your children a solid foundation of daily activities can help alleviate stress, anxiety and help with the … Continue Reading
By Brian Galbraith on Yes, there are apps to help make divorce go more smoothly. Edward Weinstein’s most recent blog introduces some new ones that can help make divorce less stressful and more functional. In addition, I encourage you to use Skype or Google Hangout. These are great ways of doing video conferencing with your children when you can’t see … Continue Reading
By Brian Galbraith on Avvo recently did a survey of 890 consumers and 447 lawyers. Their results are in the infographic below. The number one concern for consumers going through a divorce is cost. Not surprising. Yet so many people end up in Family Court. Here is a good comparison of the costs of Ontario Family Court proceedings versus Collaborative … Continue Reading
By Brian Galbraith on Julia, a paralegal with a firm in Philadelphia, was tired of looking for (but not finding) Mr. Right. That is, until she realized she was continually choosing Mr. Wrong. By finally seeing the red flags and figuring out exactly what she needed/wanted, she had a better chance of finding a man who was ready and able to … Continue Reading
By Brian Galbraith on A child of divorce writes on how to help your child during divorce. What better source? Thanks to Melissa Farrell a freelance writer who lives in Kansas for her insights. Speaking as a child of divorce, every situation is different. My parents were high school sweethearts and were together for over 10 years before they decided to … Continue Reading
By Brian Galbraith on Today’s guest blogger is writing about the 5 mistakes made by people who are in family court. While the advice is sound, it reinforces to me how undesirable it is to be in Family Court. It really is an awful experience. But, alas, if you are in Family Court, heed the following good advice… or … Continue Reading
By Brian Galbraith on Trust is essential for every relationship and is often damaged when people are getting divorced. It can be damaged many different ways. An affair, a lie or a betrayal can damage trust. Trust may also be broken when people change and no longer understand each other. They just grow apart. In my life, I know … Continue Reading
By Brian Galbraith on Registered Retirement Savings Plans are the main savings vehicle for many Canadians, especially those who don’t have a pension through their employment. As a result, upon separation and divorce, RRSP’s are part of the property settlement. Our guest blog this week is by Sandra Ramos, a well known financial advisor in Barrie, Ontario. She has great … Continue Reading
By Brian Galbraith on There is a saying… "the Devil is in the Details"…. meaning details that are overlooked can cause problems later. No doubt this is true when drafting a separation agreement. Attention to detail is essential. The top ten big issues that need to be resolved are: Where will the children live? How much time with the … Continue Reading
By Brian Galbraith on Christmas is for children but when Mom and Dad have separated or divorced, it can be a difficult time. I remember how difficult it was my first year after separation. I was devastated. Now, many years later, we schedule our “Christmas” any time between December 22nd and December 28th. The actual date does not matter… … Continue Reading
By Brian Galbraith on More and more children are no longer able to leave home when they become adults, or are returning home to live with their parents even after completing post-secondary education. There are fewer "empty nests" these days. There are many reasons for this new trend. What is alarming for divorced parents is that in Ontario you … Continue Reading
By Brian Galbraith on Separation and Divorce: These are ugly words. They conjure up feelings of pain, disappointment, fear, and uncertainty. What is the first step? How do I get through this? I remember when I went through my own divorce (yes, divorce lawyers sometimes get divorced too) how stressful it was for me. I feared the impact it … Continue Reading
By Brian Galbraith on Sandra Ramos is a financial planner who has helped many clients who are going through a divorce make good financial decisions about their future. Sandra graciously agreed to offer a guest blog with her insights. Here it is. Following any marriage breakdown there is a time of emotional healing, but there is also a need for … Continue Reading
By Brian Galbraith on Brenda Shapiro, a lawyer in Florida, submitted the following article to me about how in the USA there are provisions for wealthy parents to pay money into trust funds for their child as child support. We don’t have such statutory provisions in Ontario, Canada but I really like the idea. In Brenda’s example, a young … Continue Reading
By Brian Galbraith on Helping your children adjust after your divorce is essential. Heather Smith offers excellent advice on what you should do to help you child after the dust settles. Here is Heather’s blog: 4 Steps to Take with Your Child After Divorce You have sat your child down and given the dreaded speech that you … Continue Reading
By Brian Galbraith on Darren Robinson is a mortgage broker in Barrie. He helps many clients who are going through a divorce refinance their home and get on their feet. He has some interesting and suprising advice. Darren is with Dominion Lending in Barrie. He wrote the following excellent blog: How does separation or divorce impact my home & … Continue Reading
By Brian Galbraith on Determining income is the first step toward determining the proper level of child support and spousal support. This is easy to do for employees. We just look at line 150 of their personal income tax return. The challenge is determining the proper level of income for those people who are self-employed or are employed by … Continue Reading
By Brian Galbraith on The other day the judge in Family Court said "We can’t consider "fairness" when deciding cases." I was shocked but then I realized that she is right. Family Court is about rules and process. Like cases are to be treated alike according to the law. The law is a set of principles that the judge uses … Continue Reading
By Brian Galbraith on The 2012 OCLF Conference will be held in Horseshoe Resort in Simcoe County, just north of Barrie on September 26, 27, 28, 2012. I will be chairing it along with Sue Cook and Jackie Ramler. We have formed sub-committees with volunteers from throughout Ontaro. The theme is "Building High Performance Teams". The Ontario Collaborative Law … Continue Reading
By Brian Galbraith on Matthew Krofchuk has written a excellent blog at Divorce Happens Blog regarding the changes to the pension division legislation in Ontario which came into affect January 1, 2012. Matthew is with Krofchick Valuation so knows his stuff. The biggest impact of the new legislation is that you can now divided Ontario pensions at source if you … Continue Reading
By Brian Galbraith on Suchada, also known as Mama Eve, did an excellent blog about what to do when you don’t have your children for the holidays, especially for the first time. She is honest, insightful and offers hope about how to cope without your children. Divorce sucks. You have a choice how you respond to its challenges. You … Continue Reading
By Brian Galbraith on Are you dreading Christmas? Will it be your first special holiday since your separation? Are you depressed about not having your children for New Year’s Eve, or Hanukkah, Kwanzaa or some other special day. Whatever the holiday, you are not alone. I remember the first Christmas that my three boys were with their mother Christmas Eve … Continue Reading
