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Court Rules Kids’ “Adaptability to Change” Is a Factor Letting Him Move with Mother to the U.S.

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Court Rules Kids’ “Adaptability to Change” Is a Factor Letting Him Move with Mother to the U.S.

In a recent Newfoundland decision, called Sexton v. Tipping, the court made what is arguably a sensible and realistic observation about children’s adaptability to change, especially at a young age, and how that can bolster a court’s decision-making on factors relating to custody and primary care.

In that case, the court wrote:

It is a reality of the times in which we live that many couples with children come together through partnership or marriage, separate or divorce after a period of time and then move on with their lives. … The crux of these scenarios is change – for the parents and for the children.

Change is a constant in all our lives. As a general principle, children are adaptable in their lives. They change communities. They change schools. They change friends. Many change families, not because of their actions but because of the actions of their parents. That has happened in this matter.

On the facts of that case, the court took comfort from that reality as part of its rationale for allowing a change to the custody arrangement. In light of the child’s best interests, he was placed in the joint custody of both parents, but would have primary residence with his mother, who was allowed to relocate to Arizona with the boy.

Arguably, for any child the move to an entirely new country is quite a drastic change. Yet the court seems to be saying that divorce, separation and changes to family dynamics are so commonplace in “the times in which we live” that the seriousness of its impact on children may have been diluted, especially for the younger ones.

Should the reality of widespread divorce and broken families in our society diminish court’s focus on the “best interests of the child,” which legislatively-mandated to be the paramount criterion in child custody and access matters?

What are your thoughts?

For the full text of the decision, see: Sexton v. Tipping

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit us at RussellAlexander.com

Have you seen our new Youtube videos?

The team over at Russell Alexander Family Lawyers worked extremely hard to bring you these new question and answer videos. We’ve covered an array of topics and are excited to share this new information with you.

 

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Thank You For 20 Wonderful Years

Thank You For 20 Wonderful Years

 

Last week the team at Russell Alexander Family Lawyers celebrated one of their very own. Gabrielle Underwood has been an integral part of the team for 20 years. Everyone came together to commemorate the occasion with great food and lots of laughs.

We wish you luck in your future endeavors

Thank you for 20 wonderful years!

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

We’re Here To Help

Social media is about communication, and that’s exactly what we intend to do. If you have a family law related question, feel free to reach out to us using a medium that you’re comfortable with.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Wednesday’s Video Clip: Two Necessary Evils – Know Your Obligations on Income Tax and Spousal/Child Support


Wednesday’s Video Clip: Two Necessary Evils – Know Your Obligations on Income Tax and Spousal/Child Support

Income tax: Not a popular concept even at the best of times. But add in the obligations, which arise in the context of paying child or spousal support, and it’s enough to cause heart palpitations in most Canadians.

This is because the Canada Revenue Agency rules relating to how support payments are to be treated are quite complex. To make things more confusing, the federal Income Tax Act has separate rules for spousal support as opposed to child support.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

Family Day

 

Happy family day from the lawyers and staff at Russell Alexander Collaborative Family Lawyers.

Lawyers Turned Actors

Take a look at the behind the scenes of our new video shoot. We worked hard to bring you up to date information on important issues. New topics covered included child custody, spousal support, financial disclosure, and more.


At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders.  For more information, visit us at RussellAlexander.com

2017 Russell Alexander Charitable Giving Fund Grant Recipient: 541 Café and Eatery


2017 Russell Alexander Charitable Giving Fund Grant Recipient: 541 Café and Eatery

FEBRUARY 5, 2018

FOR IMMEDIATE RELEASE

Russell I. Alexander Awards 2018 Charitable Giving Fund Grant
541 Café and Eatery is excited to receive $2,500.00.

BROOKLIN, ON February 5, 2018 –

The Russell I. Alexander Charitable Giving Fund provides grants and financial support to community organizations that are doing meaningful work, but may not be as visible as some of their larger counterparts. As part of this giving fund, 541 Café and Eatery has been provided with a donation in the amount of $2,500.00. 541 Café and Eatery opened its doors in 2013 and has served marginalized members in their community ever since.

541 has been highlighted in the press for their unique button exchange program. Patrons of 541 are encouraged to purchase button’s for $1.00 each, which then can be redeemed by community members in need to purchase affordable and nutritious meals.

541 is a non-profit and volunteer driven organization, and the proceeds from food sales are used to facilitate programs.

Sue Carr, 541’s Executive Director, will be using the donation funds towards “buttons which are a valuable resource at 541 as they are used to feed the hungry”.

About Russell I. Alexander

Russell I. Alexander is a law firm dedicated solely to family law. With experienced lawyers and staff of 17 people, the firm provides guidance on matters relating to family law. For additional information about the Russell I. Alexander Giving Fund, please visit www.russellalexander.com.

Previous Giving Fund recipients include: Covenant House Homeless Youth Shelter, Lindsay Muskies Hockey Association, Whitby Girls Hockey Association, the Lindsay Lynx Girls Hockey Association and Luke’s Place.

To learn more about the Russell I. Alexander, Family Lawyers, you can also visit them on Facebook.

Interviews with Mr. Alexander and or his staff can be arranged by contacting 905.655.6335.

Kiss & Tell: The Divorce Lawyer’s Duty of Confidentiality

Kiss & Tell: The Divorce Lawyer’s Duty of Confidentiality

Newsweek reported recently that President Trump’s former divorce lawyer Jay Goldberg is has penned a tell-all book that will include details for his two former divorces.

President Trump was formerly married to Ivana Trump and to Marla Maples. Both matters are now settled.

Golberg’s potential book may fly in the face of long held and important traditions and rules of confidentially. Clients tell their lawyers their deepest secrets with the protection that that information and confidence will not be misused or abused. 
This is known as solicitor-client privilege and forms the cornerstone of the solicitor client relationship and enables the lawyer to get the full picture, develop legal strategies that will be in their client’s best interests and fosters the dispensing of legal advice.

Divorce lawyers in Ontario are governed by strict Rules of Professional Conduct that ensure clients’ confidences are kept secret.

So what do you think? Should lawyers be allowed to write tell-all books about their former clients’ divorces and legal affairs?

 

Simple Divorce & It’s Over Easy

Simple Divorce & It’s Over Easy

Is there such a thing as a “simple divorce”?

In Ontario there has been a great discussion of opening up the family law system and permitting paralegals to practice and provide limited family law services. Although their role and permitted duties have not been clearly defined it is apparent that change is coming.

In the U.S. divorce lawyer Laura Wasser has recently released an app for people looking for an easier way to divorce – “it’s over easy”.

Lifehacker reports that the price ranges $750, while the top-of-the-line Premium plan costs $2500 + processing and state fees to use “it’s over easy”.

Although this sounds easy now, there is still a good chance that you may require the services of an experienced family lawyer especially if your spouse files a response and seeks relief from the court such as division of family property and or support.

In addition, there are many other legal implications of divorce that can be easily overlooked such as life insurance, benefits, wills and estate planning, providing disclosure of family assets and securing releases with respect to claims that might be made in the future.

However, given the complexity and expense of the current family law system anything, including innovative apps, that help streamline and simply the system for the public will be a welcomed step in the right direction.