Wishing you all a very Merry Christmas and a Happy New Year!

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1. BE HEALTHY. Comply with all [BC CDC] and local, [provincial]  and federal guidelines, and model good behavior for your children with intensive hand washing, wiping down surfaces and other objects that are frequently touched, and maintaining social distancing. This also means BE INFORMED. Stay in touch with the most reliable media sources and avoid the rumor mill on social media.

2. BE MINDFUL. Be honest about the seriousness of the pandemic but maintain a calm attitude and convey to your children your belief that everything will return to normal in time. Avoid making careless comments in front of the children and exposing them to endless media coverage intended for adults. Don’t leave the news on 24/7, for instance. But, at the same time, encourage your children to ask questions and express their concerns and answer them truthfully at a level that is age-appropriate.

3. BE COMPLIANT with court orders and custody agreements. As much as possible, try to avoid reinventing the wheel despite the unusual circumstances. The custody agreement or court order exists to prevent endless haggling over the details of timesharing.

4. BE CREATIVE. At the same time, it would be foolish to expect that nothing will change when people are being advised [to stay home]. Attractions such as amusement parks, museums and entertainment venues are closing all over [British Columbia] and the world. In addition, some parents will have to work extra hours to help deal with the crisis and other parents may be out of work or working reduced hours for a time. Plans will inevitably have to change. Encourage closeness with the parent who is not going to see the child through shared books, movies, games and FaceTime or Skype.
5. BE TRANSPARENT. Provide honest information to your co-parent about any suspected or confirmed exposure to the virus, and try to agree on what steps each of you will take to protect the child from exposure. Certainly both parents should be informed at once if the child is exhibiting any possible symptoms of the virus.

6. BE GENEROUS. Try to provide makeup time to the parent who missed out, if at all possible. Family law judges expect reasonable accommodations when they can be made and will take seriously concerns raised in later filings about parents who are inflexible in highly unusual circumstances.

7. BE UNDERSTANDING. There is no doubt that the pandemic will pose an economic hardship and lead to lost earnings for many, many parents, both those who are paying child support and those who are receiving child support. The parent who is paying should try to provide something, even if it can’t be the full amount. The parent who is receiving payments should try to be accommodating under these challenging and temporary circumstances. Adversity can become an opportunity for parents to come together and focus on what is best for the child. For many children, the strange days of the pandemic will leave vivid memories. It’s important for every child to know and remember that both parents did everything they could to explain what was happening and to keep their child safe.

Despite best efforts problems may still arise. Currently regular operations of the BC Provincial Court is suspended as are those of the BC Supreme Court for all non-urgent matters. If a family issue arises during this time, contact your lawyer to discuss options available for you. If you do not have a lawyer, consider contacting a family mediator to discuss resolving the issue through mediation. Bajpai Law Corporation (Vishal K Bajpai) will be carrying out mediations (and where appropriate, arbitrations) by video or teleconference. We are happy to help you resolve problems that may arise between parents during this unprecedented time. Please contact us by email (reception@bajpai.ca) or telephone (604.746.2972) if you need help with your family matter.

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Family breakdown is hard on everyone involved and it’s difficult to talk about publicly in open court. Mediation is economical, faster and private. Call us today to help you mediate your family dispute.

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Affordable housing has become a hot button issue in BC. It’s not uncommon for adult children to turn to their parents for help when buying a home or making mortgage payments. But any money a parent gives to an adult child becomes a family asset if the parent’s intention to give the money as a gift to that child only or an intention to advance funds as an early inheritance to that child is not clearly expressed and properly documented. If this intention is not clear an adult child’s spouse on the marriage breakdown may share the gift or inheritance equally. If your child needs financial help and you are considering giving him or her a significant amount of money, it is in your child’s best interest that your gift or early inheritance to him or her is documented properly. Clearly setting out your intention that your child is to benefit solely from your gift before any money changes hands may save your child thousands of dollars in legal costs later. If you are considering helping your child, call our firm to assist you in protecting that gift to your child.

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