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When co-parents divorce: Jesse James and Sandra Bullock
Days after actress Sandra Bullock won a Best Actress Oscar for her role in The Blind Side, news outlets came forward with the story that a woman was claiming to have been her husband’s mistress for over 11 months. Her husband, Jesse James, is a television personality that started on the Discovery Channel show Monster Garage and is currently the head of West Coast Choppers. Bullock and James married in 2005, after meeting on a tour of the set of his show.
It’s alleged that Bullock found out only eight days after winning her award, and she has canceled numerous promotional appearances since. Several other mistresses have also come forward, and James has since apologized but not elaborated on which allegations are true or false.
Bullock has no children, and James has three children from previous relationships. He has a daughter and a son from his first marriage, and a second daughter with his second wife, an adult film actress named Janine Lindemulder. Because of Lindemulder’s severe legal troubles (which have led to jail time), James sought and was granted full custody of their daughter, six-year-old Sunny. Lindemulder is still allowed weekly visits during daytime hours.
Various news outlets have reported on Bullock and Sunny’s bond, as Bullock has been co-parenting Sunny with Jesse James. While there has been lots of speculation on whether Bullock may try to gain custody of Sunny in the event that they do divorce, news outlets are now reporting that she will in fact go ahead and fight for custody. Lindemulder herself has also said that she is supportive of Bullock and Sunny’s relationship and that she would not get in the way if Bullock were to try to obtain custody.
Unfortunately, infidelity doesn’t have much bearing on custody results. However, Sunny is only six years old and Bullock has arguably been parenting her for nearly her entire life as her biological mother has been deemed unfit.
If Bullock and James were Ontario residents and Bullock requested custody of Sunny, the courts would look at whether Bullock provided financially for the child, the nature of their relationship and whether Bullock had maintained in both private and public life that she was Sunny’s parent and acted in such a manner. After determining whether Bullock was indeed a parent to Sunny, the courts would have to look at other factors to determine how custody between Bullock and James would play out. His behavior may not make him an unfit parent by default, but it may be considered if it hurt Sunny in any way or affected his ability to act as a parent.
Both Bullock and James would then have to make their case as to their relationship with the child, their willingness to raise and take care of the child and how they plan to do so, the stability of their homes and other factors. Blood relations are also considered, as is the choice of the child herself. While it is unlikely in this case, if the proceedings were in Ontario, that Bullock would be able to take full custody of a child whose biological father who has already won custody, she should be able to get partial custody or visitation.
It’s heartbreaking when a step-parent enters into a home, essentially becomes a part of a family and then the marriage doesn’t work out. But this case goes to show that a divorced step-parent can very much still be a part of their step-children’s lives, no matter how young the child is, by requesting custody.
Like any custody issue, the applicant’s case must be very strong, well thought out and well represented. A family lawyer can set you up for success in any custody or divorce-related situation.
Filed in Child Custody in Ontario, Divorce, Divorce Lawyer • Tags: jesse james divorce, sandra bullock
Bill proposes shared parenting for Canada
Bill C-422 is a private member’s bill that intends to potentially change Canada’s Divorce Act. It wants judges to grant equal shared parenting in the majority of custody disputes – unless abuse is involved and it’s proven so. The Bill is so far just another victim of the proroguing of Parliament this winter and was delayed significantly, but now that Parliament is back in session it may be back on the table.
Supporters of Bill C-422 say that the current system lacks objectivity and that fathers are being “shortchanged”, while opponents of Bill C-422 say that the bill is unnecessary and will only be bad news for mothers and children.
When it first came to the surface in 2009, the bill brought with it concerns about women’s and children’s rights during a divorce. Equal parenting would make it mandatory for the couples to determine how the custody will be divided and would necessitate half of the time spent with one parent and the other half of the time spent with the other parent. Equal parenting would also do away with child support as we know it for most families. Many other countries such as Australia and Great Britain as well some US states support equal parenting.
Many men’s groups are saying that judges are biased towards them, or that their ex-spouses can make allegations of abuse – that turn out to be false – that sway the judges’ decisions anyway. The London Free Press reported on the Bill recently quoting a domestic violence expert who said, “there are cases that involve false allegations, but they’re a small minority.” He also said that the current court system is designed to find these cases of abuse and ignore false allegations, while there are too few victims of domestic violence even in 2010 that seek out help.
The bill was delayed and re-introduced in early March, but a vote has not yet been scheduled.
Filed in Child Custody in Ontario, Divorce, Divorce Lawyer • Tags: Bill C-422, shared parenting
How to Prevent your Spouse from Disposing Family Property during Divorce
A separating spouse may have a genuine concern that his or her partner plans to hide or dispose of family property in order to prevent the other from sharing in its value upon dissolution of the marriage. If this is the case, the non-property holding spouse can go to court and ask the court to prevent the property-holding spouse from removing or disposing of the property. It must be shown that there is a risk that the property-holding spouse will hide or dispose of the property prior to trial and that the non-property holding spouse has a claim of entitlement to the property and is likely to receive an equalization payment equal to the value of the specific property at issue. (Lasch v. Lasch (1988)).
Pursuant to section 12 of the Family Law Act, the court can make either a temporary or final order restraining the depletion of a spouse’s property and for the possession, delivery, safekeeping and preservation of the property if it is necessary for the protection of the other spouse’s interest. The purpose of such an order is to ensure that there are sufficient assets available to satisfy the equalization payment once the court determines that a spouse is entitled to such a payment.
For further information regarding property ownership and divorce, speak with a Divorce Lawyer who can assist you in understanding all of your rights and obligations before filing for divorce. Call Niren and Associates at 416 222 4555 or email us at info@divorcesupport.ca.
Filed in Divorce • Tags: Family Law Act, Lasch v. Lasch
Health Professionals ask for Screening of “Parent Alienation Syndrome” Claims
Feeling like your child’s psychologist might be a bit biased during your custody dispute? They’d like your ex-spouse to give your complaint the go-ahead before it’s taken seriously.
The National Post reported on Monday, March 22 that a group of leading health care professionals and lawyers has submitted a request asking that Canadian Family Law begin to limit the amount of complaints filed against health professionals such as psychologists and psychiatrists during lengthy custody battles.
The request alleges that the complaints are sometimes frivolous and asks that any future complaints be either screened by a judge or even the winning parent, as well as asks for the establishment of a regulatory system to ensure that any complaint deemed frivolous is thrown out before it can be fully investigated.
While the report was submitted in Canada by Canadian health care professionals regarding Canadian cases, these suggestions for improvement are loosely based on United States law.
One can imagine the frustration of being involved in a serious custody battle and attempting to lodge a complaint against a biased health care professional, but then being required to submit it for review by the ex-spouse before it is taken seriously.
The complaints say that the losing parents of custody cases are creating a “major social and legal problem” by preventing such experts from conducting more important work.
The reason many of these complaints come to pass is because the “losing” parent may feel that the health care professional is biased and thus acting unprofessionally. With an increasing number of parents facing Parental Alienation Syndrome, this could be a detrimental strike against parents who are fighting to be in their children’s lives.
Parental Alienation Syndrome is when one parent essentially “brainwashes” a child to no longer be interested in any contact with one parent. The best recourse for the alienated parent is to have the situation evaluated by a mental health care professional. If that professional assumes the “brainwashed” child isn’t in a bad situation, what recourse would the parent then have?
The paper states, “it feels like a professional sucker punch and has no correlation to the skill, experience and savvy of the assessor” whenever one of these complaints is made.
Despite this, the Canadian Equal Parenting Council told the National Post of situations where these professionals may spend entire days in the home of one parent while merely an hour with the other parent in their own office. “There are some assessors we have heard multiple complaints about,” said the Council.
Filed in Child Custody in Ontario • Tags: Canadian Equal Parenting Council, Parental Alienation Syndrome
Same Sex Couples May have Difficulty Divorcing in the United States
A same-sex couple who obtained a legal marriage license in Canada has been unable to obtain a divorce in the United States. Currently residing in the state of Oklahoma, Cait O’Darling sought a divorce from her wife, and was unable to do so because their marriage was not seen as valid by state law. In Oklahoma, the law defines marriage as “the union of one man and one woman”. O’Darling took her appeal to the Court of Civil Appeals under the Supreme Court, but the decision was upheld.
Each state differs regarding their laws on how long you need to be a resident of that state before you can divorce, and you can as long as the marriage is legal and valid. Unfortunately, if the marriage is deemed invalid by the new country’s laws, (in this case the United States), it may not be recognized within the country at all and therefore a divorce cannot be granted.
Similarly, citizens of the United States may come to Canada and divorce as long as they have resided anywhere within the country for a period of one year, regardless of whether or not they are a Canadian citizen and as long as their marriage was legal and valid at the time.
This situation made the news previously in 2009, when many other same-sex couples who had flocked to Canada to legally marry were finding it difficult to be granted divorces in the United States. Because of each country’s residency requirements, it also poses a difficulty for United States citizens to come to Canada for their divorce.
Canada’s first same-sex divorce was granted in 2004 after a change was made to the Divorce Act to change the definition of “spouse” to include same-sex partners. While the United States is slow to recognize same-sex marriage, it seems a similar change in the wording of their divorce laws might be warranted to ease the process.
Filed in Divorce, Same Sex Marriage • Tags: Same Sex Divorce
Divorce and Pets – Another Reason Prenuptial Agreements Make Sense
In the midst of divorce, there are laws and systems in place to govern who will end up taking care of and raising children. The children might live with one parent who has full custody, or they might instead spend their time divided between households.
In Canadian family law, there are disagreements as to whether pets are assets or should be treated as children when it comes to which spouse gets to keep them. Each situation calls for different action, and sometimes the court actually looks towards “the best interests of the pet”, meaning which “parent” will have a better yard, be able to pay for veterinary care or tends to go away on vacation less often. In other situations, the court might actually establish visitation arrangements for the pet.
It’s not unusual to be extremely attached to your pet, and pets are sometimes used as pawns in court battles, where one parent might believe they’ve got a better chance of getting full custody of their human children if they’re the ones keeping the family dog.
There was even a case where a Canadian couple divorced, and one spouse moved out of the country, leaving his dog behind with his ex-wife. Upon his return, he began campaigning for custody access to the dog, and eventually the judge determined it would suit the best interests of the dog to be with both “parents”, and the couple began alternating one week each on and off with the dog.
Another Canadian case saw a couple fighting over who actually owned a dog, because one of them had paid for it but the other one said it was a gift. The judge declined the request for joint custody and claimed the buyer was the owner. This same couple spent thousands of dollars in legal fees just to determine who would keep the $100.00 pet.
Creating a prenuptial agreement will prevent arguments like who gets to keep the pets from springing up during a divorce, and pet custody is only one of the many things they can cover.
Filed in Divorce, Prenuptial Agreements • Tags: Divorce and Pets, Divorce Lawyer, Prenup, prenuptuals
Divorced? Five Possibilities to Reduce Your Taxes
It’s tax season again, and divorce and child custody bring up several new situations that can be reported on your taxes. There are also a few new ways to reduce your income taxes and ensure everything is reported accurately.
1. Spousal Support and Taxes
The ex-spouse who pays spousal support can deduct it from their taxes, whereas the ex-spouse who receives the payments must pay tax on the amount they receive. Keep in mind that a lump sum payment of spousal support is not tax deductible.
2. Child Support and Taxes
Child support payments are not usually deductible. However, if the support order was given before May 1, 1997, then the support payments are deductible. Likewise, if a person is receiving support payments from an order given before May 1, 1997, taxes are paid on those payments. Otherwise, no taxes are paid on child support payments received.
3. Equivalent to Spouse Credit
If you receive child support you might be able to claim an equivalent-to-spouse credit for one of your children on your tax return.
4. Legal Fees and Taxes
In some cases, legal fees may be tax deductible. Normally legal fees incurred due to a divorce are not, but fees incurred to enforcing child support or to obtain an order for child and spousal support are.
5. Canadian Child Tax Benefit
The primary caregiver of a child is entitled to claim the Canada Child Tax Benefit. If the situation involves shared custody of the child, each parent is entitled to half of it under normal circumstances.
We are not accountants so for professional accounting advise seek a qualified accountant, but these guidelines can provide you with a basic idea of what to expect when filing your taxes as a divorced Canadian.
Filed in Child Support, Divorce, Spousal Support • Tags: Child Support, Divorce Lawyer, Taxes and Divorce
Choosing the Right Divorce Lawyer
They have a solid reputation
Spend some time on Google, speak to trusted friends and conduct some preliminary research. A few clicks of a mouse can provide you with enough reason to hire – or not hire – a particular lawyer or firm.
They guide you through the process.
A great divorce lawyer listens and works with you to achieve the best outcome possible. They don’t promise vengeance, but they take notes and are able to devote enough attention to you and your case.
They’re focused and experienced.
The lawyer for you has likely handled many similar cases and knows the family law world inside and out. They’re also able to effectively communicate this to you without risking the confidentiality of their other clients.
They put themselves out there for you.
A huge sign of a good family lawyer is that their goal is to keep you informed and educated about the process and how they can help you. They have a blog, are active in social media and networking and have a fully-functioning web site that’s constantly being updated with the latest divorce news, as well as offering basic advice throughout each page.
Choosing who you want to represent your best interests in a major life event like a divorce can seem overwhelming, and there’s ads everywhere imaginable letting you know who’s around to “help” you with a quick and easy divorce. Unfortunately, divorce is rarely a quick or easy process, and you’ll need be able to recognize the individual or firm that is best suited to represent you.
Filed in Divorce, Divorce Lawyer • Tags: choosing divorce lawyers, Divorce, divorce lawyers, family lawyers, Toronto Family Lawyers