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The Meaning of Alternative Dispute Resolution: And how it impacts your divorce

What is Alternative Dispute Resolution?

By 

Shared cusstody on The Smart DivorcePeople who need family lawyers are different from people who need other types of lawyers. If you are going through a separation or divorce, or if you need help with child custody or access, child or spousal support, or a children’s aid society issue, your case is about your life.

John Schuman with Deborah

John Schuman with Deborah

The lawyer you choose, and how the separation agreement is settled will also determine how amicable or adversarial the divorce process is, once again impacting your life.  In this episode of The Smart Divorce with Deborah Moskovitch, family law lawyer, John Schuman helps us understand the differences between all of the Alternative Dispute Resolutions to consider when coming to a separation agreement.  We discuss the importance of staying out of court, but also when it might the only option.   John has litigated before every level of court in Ontario, so readily understands the outcomes – not only from a decision perspective, but the impact on emotions as well.

For more on John Schuman, visit: http://www.devrylaw.ca/ and read Nobody Asks Where I Want to Live at:http://www.devrylaw.ca/wp-content/uploads/2011/11/ConsenttoTreatmentandParenting.pdf.

Don’t forget, Like us on our Facebook pages, The Smart Divorce and Divorce Source Radio.  Join the community!

To hear this podcast click here


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Little Children, Big Challenges: Divorce

There’s a great new initiative  developed by the Association of Family and Conciliation Courts (AFCC) and Sesame Street which is an an important and valuable resource for parents, Little Children, Big Challenges: Divorce . The program, featuring Muppet Abby Cadabby, provides tools and language to help young children (ages 2-8) cope with and understand divorce at an age-appropriate level. Project resources include a free mobile app, online resources, and multimedia toolkits containing a children’s storybook, a caregiver guide, and a DVD. These materials are available online at sesamestreet.org/divorce and through the Resource Center on the AFCC website. Divorce can be a big challenge for both children and parents. Though times may be difficult, children can emerge feeling loved and supported. You can all grow through these family changes and discover just how strong you really are.

You are not alone. Family, friends, neighbors, and others are there to offer support. Here are some tools to help your child through your divorce.

To view this fabulous new program and for more details click here 

Information from the SesameWorkshop

Each year about 1.5 million children confront the divorce of their parents1, a transition that can be challenging for the entire family, especially young children. While 40% of families experience this, there are few resources to show children they are not the only ones with big questions and feelings about divorce.  In response, Sesame Workshop has launched Little Children, Big Challenges: Divorce, a series of free multi-media resources, to support families through this transition which can be very difficult, especially for young children. These new materials are a continuation of Sesame Workshop’s award-winning Military Families Initiative launched in 2006 that provides resources and emotional support to military families with children, ages 2 to 8, coping with challenging transitions in their lives.

As with all content produced by Sesame Workshop, this outreach initiative began with a thorough research process, which included consulting with an advisory board of key experts in child development, early childhood, and mental health fields to guide and shape key content messages. Continuing the process, Sesame Workshop conducted focus groups with parents and service providers to ensure that all of the resources effectively meet the needs of children and families.  Sesame Workshop created Little Children, Big Challenges: Divorce, in order to:

  • Provide tools and language to help young children (ages 2–8) cope with and understand divorce at an age-appropriate level,
  • aid families in communicating and expressing feelings around divorce and
  • reassure children that they will be cared for, and that—together with their families—they can learn ways to adjust to their new life and have hope for the future.

“With our new resources on divorce, Sesame Workshop continues a 43-year-long history of tackling the most relevant and challenging issues for children,” said H. Melvin Ming, President and CEO of Sesame Workshop. “During difficult times, it’s vitally important that children feel supported and develop coping skills that will help them throughout their entire lives.  Sesame Workshop is committed to providing the highest quality resources to families dealing with life’s challenges.”

Little Children, Big Challenges: Divorce includes:

  • A new Sesame Street DVD, featuring the Muppets and real families, that highlights strategies around expressing emotions and how to talk to children about divorce;
  • A Parent/Caregiver Guide providing helpful resources, language and advice for discussing divorce with children and helping them navigate changes;
  • A Children’s StorybookTwo-Hug Day, about a young boy named Niko who is transitioning between his parents’ two homes, and
  • An online toolkit at sesamestreet.org/divorce providing access to all project resources, as well as additional online-only materials:
    • An Extended Family & Friends tip sheet
    • Webinars and online discussion sessions giving service providers and families a thorough understanding of how to engage with their families and communities
    • A Facebook page called Sesame Street in Communities connecting our online community to Sesame’s resiliency messages and materials.
  • A mobile app: Sesame Street: Divorce, featuring resources and tools for parents and caregivers; available on the App Store (SM) and Google Play ™.

“With the frequency of children experiencing divorce and or separation today, it is critical to help children understand that the feelings or questions they may have are typical and should be discussed with a parent or caregiver, said Dr. Jeanette Betancourt, Senior Vice President for Outreach and Educational Practices at Sesame Workshop.  “These strategies will help children cope with changes as well as support them in understanding they are not alone.”

The resource kits will be distributed to military and veteran families through partnerships with Military OneSource, Department of Veterans Affairs, The USO, and The Military Child Education Coalition. These resources are also being distributed to families in the general public through national partnerships with organizations such the Association of Family and Conciliation Courts and the National Council of Juvenile and Family Court Judges. On a local level, distribution will reach children and their families though faith-based programs, school and after school programs, through counseling and mental health services, parenting programs, and child care systems. Military families can contact Military OneSource directly at militaryonesource.mil to request a kit.


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Blended Families: Celebrating the holidays

How do you celebrate the holidays when blending families? With sensitivity and creativity, you can develop new traditions and routines. Read below to gain perspective and ideas.

Blended families: Celebrating the holidays

Today's ParentBy Dawn Calleja | Today’s Parent

 love Christmas. Yup, I’m one of those people: belting out schlocky tunes in the car, searching for the perfect ceiling-scraper of a tree, bawling my way through It’s a Wonderful Life. But the emotional and logistical strain wrapped up with the holidays at our house – courtesy of my husband’s four kids from two exes, in addition to our own two little ones – can bring out the Scrooge in me.

There was the time my husband’s then-five-year-old son called to tell us excitedly about the Pokémon toy Santa had delivered – the exact same one waiting for him under our tree. Or the year a tipsy ex-number-one called in the middle of our Christmas Eve party to shout that there was no way she was driving downtown to pick up the kids the next day. You get the picture.

Even for the most happily married couples, the holidays can be fraught with conflict and compromise. It can be exponentially more complicated for the approximately 776,000 Canadian parents who are divorced or separated and raising kids without a new partner. Then there are the blended families – almost 13 percent of Canada’s 3.7 million two-parent families are stepfamilies, like mine. Negotiating how to share the kids is never easy, but this is a time of year when it can be hardest to let go. “Christmas is a tough time because there is a lot of tradition and ritual around how the holidays are managed,” says Deborah Moskovitch, author of The Smart Divorce, a book she was inspired to write after her own acrimonious split. “But you have to share it. That’s how you have to look at effective co-parenting.”

Here’s how to ensure your festive season is filled with merriment – not resentment – this year. 

Make a plan

If you haven’t set a holiday schedule by the time you read this, do it now. “You don’t want the kids to have any angst about what they’re going to be doing at Christmas,” says Moskovitch, who also founded a divorce coaching service. Sit down with your ex and bring a calendar (and, if necessary, a neutral third party, like a professional mediator or trusted mutual friend) to figure out exactly how you’re going to divvy up the holiday break, right down to whether the kids are being picked up or dropped off, at what time, and the things they’ll need to pack. “It can be fluid and change, but it gets rid of any miscommunication,” says Moskovitch.

Trevor Pereira and his ex-wife made their Christmas schedule part of the separation agreement they drew up seven years ago. In even years, he has their two kids for Christmas Eve and morning, then hands them off at noon. In odd years, he picks them up from their mom’s house, still in their pyjamas, and takes them home for brunch and more presents. (To help avoid the aforementioned Pokémon scenario, Pereira and his ex go over the kids’ wish lists together each year to decide who’s going to buy what and how much they’ll spend.) “It’s sad either way,” admits Pereira, an IT specialist from Brantford, Ont. “Either you don’t have them in the morning or you don’t have them in the evening. But at least we both still see them on Christmas Day.”

Luckily for Pereira and his ex, they live in the same town. For co-parents who live in different cities, or even different provinces, it’s not so simple. If you have to kiss your kids goodbye for the entire holiday, says Moskovitch, “make sure you can call and talk to them. They’ll want to know you’re OK.”

To read the whole article click here

How did you blend your family…..please share your new traditions, routines and ideas.

Wishing you all the best for the holiday season!


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The Shared Custody Experience

On this episode of The Smart Divorce with Deborah Moskovitch, our guest is Denise Whitehead, a lawyer with a Ph.D. in Family Relations & Human Development.  She combines her legal and social science backgrounds and shares her important research on socio-legal practice and policy issues related to separation and divorce that affect all members of the family system – mothers, fathers and children.

Denise Whitehead

Dr. Whitehead discusses her dissertation research that involved in-depth interviews with young adults who spent time in shared custody as children and examined their perspectives on transitions, relationships and fairness.  The information is helpful on so many levels – but most importantly looks at what children really want, the outcomes and impact.

Topics in this program include:

  • How shared custody is influencing parent child relationships
  • Fairness in decision making
  • What children want in a custody arrangement
  • The importance of quality time with children
  • Who “owns the time”
  • ‘Managing-up:’ Young adult children who experienced shared custody reflect on their efforts to make family relations work
  • Custodial decision-making and fairness: Young adults who lived in shared custody give their ‘expert’ opinions
  • And so much more…….

This is a must listen show if you are thinking of, working through or implementing your parenting plan.  Dr. Whitehead provides practical and creative thinking about parenting and the relationship with your children.

To listen click here

Don’t forget, Like us on our Facebook pages, The Smart Divorce and Divorce Source Radio.  Join the community!


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Don’t Let Divorce Destroy Your Relationship with Your Kids

The calendar year starts in September for many families, and along with that comes many adjustments. One of the most serious fall-outs of divorce may be a diminished child-parent relationship.

What happens when you’re a kind, loving, caring parent whose relationship has been downgraded for what seems like no reason at all? How do you maintain a relationship with your children when their priorities change from family to now focusing on school and friends? Here are five ways to maintain a relationship with your kids during the school year.

1. Re-frame your thinking: Don’t measure time spent with your children in quantity — minutes and hours — but in terms of the quality of time you are spending together.

2. Be creative: Keep the relationship going by doing what is in their best interest — driving them to programs, helping them with homework and asking them what they need from you. By doing so, you get to know who their friends are and understand what they are doing at school; it will help promote conversation.

To read the whole article, click on the link below

http://www.huffingtonpost.com/deborah-moskovitch/dont-let-divorce-destroy-_b_1853231.html?utm_hp_ref=divorce&ir=Divorce


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Be Creative with Your Mediation

New on The Smart Divorce on Divorce Source Radio:

We welcome back our guest, Mark Baer (http://www.markbaeresq.com/), a family law attorney, mediator, and collaborative law practitioner in Pasadena, California and who has been practicing for twenty years.  Mark shares his opinions and views about the family law system, how it can be better and provide more creative ways on getting through divorce.  Deborah Moskovitch, Steve Peck and Mark explore a variety of concepts regarding mediation.  This program isn’t just a standard outline of mediation, but shakes it up a little in this controversial and lively discussion.

 

Divorce Mediation

Mark Baer

How do you think outside the box in mediation? Mark Baer encourages you to ponder as we discuss:

  • The way in which bias impacts family law litigation
  • Why “evaluative mediation” is not really mediation, even though most lawyers and judicial officers believe otherwise
  • Whether family law attorneys should have higher ethical obligations than other attorneys
  • Funding your children’s college/university education when child support isn’t enough or stops
  • What money represents

There seems to be a major disconnect between the way the public views mediation and how the attorneys and judicial officers view as mediation.  This is a conversation that is steeped in controversy.  Tune in and then let us hear your thoughts on our Facebook fan pages…and don’t forget to like us.   The Smart Divorce http://www.facebook.com/pages/The-Smart-Divorce/202908933137654 and www.Facebook.com/DivorceSourceRadio


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How to Be Smart About Mediation

Understanding what mediation is as a process, and finding the right mediator, are critical elements to developing  smart and long lasting parenting and financial agreements that are predicated on informed, thoughtful decision making.  A good mediator will discuss what your goals are for the process, what is important to each of you and will help you to craft a plan that addresses those goals and intentions.  This is important to understand, as all mediators are not created equal!

Our guest, Cara Raich, (http://www.srmediators.com/mediators/cara-raich-esq/)  (http://mediatetrix.wordpress.com/) explores the specifics of mediation in this episode of The Smart Divorce, with Deborah Moskovitch and Steve Peck.   Cara is a mediator and attorney who specializes in helping people find non-adversarial resolutions to conflict. She mediates a wide range of cases including divorce, family conflicts, and organizational and civil disputes.

Cara is dedicated to helping her clients avoid the challenges and acrimony that frequently accompany adversarial proceedings. She does this by enabling her clients to come to realistic and informed agreements that work for them and their families. Cara believes that separation and divorce are family matters with a legal element, not a lawsuit that happens to be about a family.

To understand how these goals are accomplished in a fair and reasonable manner – and gain perspectives on alternative ways to view mediation and settlement we discuss:

  • What does neutrality really mean?
  • What are the process choices that people have when contemplating divorce?
  • How do we as a society view divorce?
  • What is a successful divorce?
  • What is the role the law will play in your divorce? Is the law relevant, determinative or something in between?

This interview will surely help you understand the many aspects of mediation.

To listen, click on the link http://www.divorcesourceradio.com/be-smart-about-mediation/ 


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Fathers are Important Too

Kids Need Their Fathers, During and After Divorce

One of the sad realities of divorce and the outcome is fatherlessness.  In this episode of The Smart Divorce with Deborah Moskovitch, we discuss the need for fathers to stay involved in their kids lives, especially during and after divorce.

Deborah Moskovitch

Deborah Moskovitch

It is more common for father’s relationships to be thinned out more than mothers.  While a lot of attention and research has focused on single-parent families where the parent is the mother, limited attention has focused on single-parent families where the father is the parent. Single-father families are a small, but growing segment of our society. But what happens when dads aren’t involved?

Deborah Moskovitch and Steve Peck explore this issue, and help provide an understanding of fatherlessness, while providing ideas for staying connected.

Did you know:

  • Up to 25% of children do not see their father by 2-3 years after divorce
  • Daughters that do not have a relationship with their father are more likely to have long term emotional issues – are more promiscuous and less likely to graduate from high school and college; while sons are more likely to exhibit delinquent behavior
  • 80% of the daughters and sons in the U.S. only live with their fathers for a maximum of 10 to 15 percent of the time after their parents divorce

Tune in to discover what can be done and how you can overcome these obstacles. There’s been research that shows when fathers are more involved in their kids’ lives — they are less likely to divorce themselves.

Also, Like us on our Facebook pages, The Smart Divorce and Divorce Source Radio.  Join the community!

To hear this interview, click on the link

http://www.divorcesourceradio.com/kids-need-their-fathers-during-and-after-divorce/


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How to Become the Most Awesome Dad

Becoming the Most Awesome Single Dad

Becoming the most awesome single dad is our new episode of The Smart Divorce with Deborah Moskovitch. Dads often get under played in society and the media…..Disney dads, born again fathers, dads that disappear from their children’s lives…..and then there’s our guest Joel Schwartzberg.

Joel is an award-winning humorist, personal essayist and screenwriter whose work has appeared in NewsweekThe New York Times MagazineNew Jersey Monthly, The New York Post, The New York Daily News, The Star Ledger, Babble.com, and in the flimsy pages of regional parenting magazines around the country.  He’s the author of The 40-Year-Old Version: Humoirs of a Divorced Dad, a unique and award-winning collection of funny and personal essays that examine how divorce reinvents relationships with kids and one’s own sense of Dadhood.

Joel offers great tips and insights on being a part-time Dad in a full-time life — a meaningful interview for any parent, particularly the millions who’ve gone through divorce with their senses of humor intact.

Topics include:

  • Putting a spin a heart wrenching situation and finding the humor in life
  • “Lazy Dadurday” offer a glimpse into those special moments and new routines with dad after a split
  • Top Ten Things Divorced Dads Need to Realize
  • What Remarried Dads Owe Their Stepmom Wives
  • And so much more….

More about Joel’s book, The 40 Year-Old Version can be found at: BookForDad.com

To hear this most awesome interview, click on the link  http://www.divorcesourceradio.com/becoming-the-most-awesome-single-dad/