Family Law is not a “one size fits all”

Jack is leaving with peace of mind for a one week vacation with the children during the school March Break.  He is feeling much better now that he has spent an hour with a family lawyer he just retained to represent him in the context of his separation from Jill.  Speaking with friends, family members and other well-intentioned – but misinformed – people had left him completely anxious, discouraged and convinced that he would lose it all to Jill unless he hired a “big gun” lawyer, took a “go-for-the-throat” stance in his separation process and spent half of his retirement savings in legal proceedings.   The lawyer he retained was reassuring, clearly explained to him his rights – yes, men and women have equal rights – and obligations and, most importantly, explained to him that it was not necessary to create a legal war to arrive at a fair and equitable settlement, even if he and Jill did not see eye-to-eye on many things.

On top of all of that, Jack learned that when you are going through a separation, you need to be very careful about who you listen to.  During this one-hour informational meeting, Jack learned that he, just like many of his supporters, had many misconceptions about family law, separation and divorce.  Among other things, Jack learned that he was WRONG to believe that: 

1. Couples living in common-law relationships had the same rights and obligations than married couples;

2. The laws about separation and divorce are the same throughout Canada;

3.  A spouse’s extra-marital affairs and/or bad behaviour could result in a less favourable financial settlement for that spouse;

4.  If Jill remarried, his spousal support obligations would automatically stop;

5.  Having joint custody of the children would mean that neither he or Jill would have to pay child support to the other;

6.  “Joint custody” meant that the children spent one week with one parent and one week with the other;

7. Even if he and Jill had signed a marriage contract (something he had thought about asking Jill to sign when they got married), the result would be the same (i.e. that a marriage contract not worth the paper it is written on, as they are not recognized by courts when there is a separation);

8.  If Jill refuses to let him see the children as he wants, he has the right to stop paying child support;

9.  When his children are twelve years old, they can choose where they want to live;

10.  If push comes to shove, he could just take a lower-paying job and would not have to pay spousal support.

There is lot to be said about family law issues, and many people have an incredible amount of misconceptions about them. That’s why it is very important to be careful about who you listen to when you go through a separation as what applied to them may not apply to you.  Just remember that family law is not a “one size fits all” and getting clear and reliable information about YOUR family matter can avoid costly  battles as well as future headaches and heartaches. 

March Break Fun Without Me!

Sitting at her window, Jill is looking at the snowflakes falling slowly in her backyard.  With sadness, she is reminiscing on all the fun in the sun her family used to have during the March school break. Unfortunately, the end of her marriage also brought with it the end of the “family’s” fun in the sun vacation.  This year, Jack is leaving alone with the children on a boat cruise in the Caribbean while Jill stays home shovelling her laneway!

Most parents are exhausted as they try to keep up with their work, the children’s activities, their homework and the daily family routines.  One would think that a single parent would rejoice at having some time alone without the children.  Strangely enough, most parents, especially in the first few years after their separation, feel such a void when the children are visiting with the other parent that they spend their time alone mopping around the house and being – mostly – miserable.  What is important to remember is that you are not alone and you should see this as the perfect opportunity to do something you enjoy and that will lift your mood and feed your spirit.  It is your time to be good to yourself.  You have gone through a lot and you deserve some R and R.  Planning ahead the fun things that you will do during your time alone is as important as making sure that the children have all they need when they are away from home. 

Here are a few tips to help you make the most of this free time and regain your energy. 

1. Cut loose, let your hair down and put your feet up with a tea (or a beer)… every day!  Simply enjoy the peace and quiet in your home.  It may feel strange at first but after a couple of days you may actually enjoy hearing the humming of your  fridge.

2. Call your friends or your family and have a good laugh.  Talk about your most embarrassing moments.  Talking about your ex will only add clouds to your sunny time of relaxation.

3. Buy yourself something you’ve been wanting, such as a book, a new tool, or flowers.  Just choose something that is important to you, even if your budget won’t allow for something extravagant.

4. Treat yourself to a nap, if that’s something you’ve missed and makes you feel better. 

5. Complete a scrapbooking or a renovation project that you never had time to finish and that you can share with your children upon their return.

6. Don’t plan too much and stick to the plan!  Remember, this week is just for you.

Taking care of yourself doesn’t have to be complicated and you don’t have to break the bank to become a happier and more fulfilled single parent.  In fact, most people feel much better about their lives when they take the time to sit down and create their own fun in the sun.