Keep Current: A review of provincial Section meetings.


Section News
For enrolled CBA members, more detailed information and available minutes from the Section meetings are online at www.cba.org/bc in Sections under Professional Development.

 

Family Law - Fraser Valley
Dr. Elterman introduced the concept of parenting coordination and answered general questions about Section 15 reports. He explained that parenting coordination started approximately 20 years ago in California and has moved to many jurisdictions since. Dr. Elterman highlighted recent studies that demonstrate that in approximately 10 per cent to 25 per cent of separations, the parties remain in high conflict two to three years post-separation. Dr. Elterman opined that a parenting coordinator is intended for the top 25 per cent of post-separation couples that remain in high conflict long after separation. He also differentiated a parenting coordinator from an individual who provides a Section 15 Custody and Access report. The parenting coordinator typically becomes involved after the Court Order or agreement has been signed. Another way to describe a parenting coordinator is an “intense case manager.” Dr. Elterman fielded questions regarding the preparation of Section 15 reports following his presentation. He cautioned counsel about placing the child in a decision-making position, citing the Views of the Child report, particularly where there is some concern that the child has been influenced, as this can have devastating effects on the child.

Family Law - Vancouver
Craig Neville discussed the role of the parenting coordinator (PC) in family law. Parenting coordination is a child-focused dispute resolution process aimed at assisting high conflict parents in implementing their parenting plan, monitoring compliance with the plan, as well as resolving conflict between parents on a host of issues in a timely manner. PC’s are usually appointed or retained after trial or final settlement. A B.C. roster of parenting coordinators has been established by an interdisciplinary group of senior lawyers, psychologists, clinical counselors and social workers (www.bcparentingcoordinators.com). The Honourable Mr. Justice Leask supported the use of the PC on many issues because it can be less expensive and faster than returning to court. Mr. Justice Leask has found that parties generally do not disagree on whether or not a PC should be appointed, but rather, how to choose and pay for a PC. He suggested that one objective of appointing a PC is teaching parents the skills necessary to reach decisions on their own.

Family Law - Victoria
Steven Krieger provided an overview of the DIVORCEmate 2K11 software as it relates to child and spousal support calculations. He demonstrated a simple calculation for child support, explaining how to create client files and manage client files and cautioned that if the version is not current, the numbers will not be accurate due to taxes. Mr. Krieger encouraged users to utilize the search engine tool in the top left hand corner of the screen to narrow the selection. When completing calculations in DIVORCEmate, ensure that all details are accurate: when inputting the number of children, users can input who the children are living with and whether or not the children are disabled and who is claiming their benefits. Mr. Krieger recommended opening up any fields that are indicated in blue to check that they fit with the clients’ particular circumstances. Members are encouraged to contact Mr. Krieger at skrieger@shaw.ca and check out www.divorcemate.com if they have questions about using their DIVORCEmate software.            

CBABC Women Lawyers Forum - Kamloops 
Candace Cates discussed some dangers associated with Wills and Power of Attorney, specifically issues of capacity and blended families. Capacity is determined by the lawyer. While consulting a physician may be helpful, it is the lawyer who must be satisfied that the individual has the capacity to provide the instructions. Be aware of family dynamics and communication styles, as both can mask the individual’s capacity. The notion of “blended families” describes families with children who are not the natural or legally adopted children of both spouses. Because blended families are now more common now than what is considered a “normal situation,” a lawyer needs make it clear to the clients the other individual can change their will at any time. She advised that if you want to protect your children in a will, do it within your own instrument and do not rely on your spouse to do it after your death.

This article was published in the August 2011 issue of BarTalk. © 2011 The Canadian Bar Association. All rights reserved.