Category: Before Separation

Featured

Telling the Children

On By BarryIn Before Separation, Children

Our experience working with over 600 parents finds that telling the children about the breaking up in a meaningful and purposeful way is rarely done. Parents find many excuses for NOT doing so:

  • they hate tough conversations
  • they worry it may lead to tears or fighting
  • they are feeling a sense of failure
  • they wish to avoid open parental conflict
  • they assume the children probably know
  • they feel ill prepared
  • etc., etc.

Stumbling about is not an effective parenting strategy, and not talking to your child(ren) is a serious misstep in the long term. As parents you want to mitigate their fears, insecurity and uncertainty as best as you can. To do this, you need to work together to  prepare a plan for how to inform your children while also anticipating their fears and questions.

The joint concepts of a no-fault divorce and family renewal are valuable tools as you enter the unfamiliar world of separation. Together, you can use these concepts to prepare a script to help you navigate the emotional and often unpredictable family conference with a common goal: helping your family to heal and grow through the changes to come.

Common Questions by Children:

  1. Where will we kids live?
  2. Where will mom live? Where will dad live?
  3. Who will keep me safe?
  4. Will we go to the same school?
  5. Who gets the dog?
  6. Will we see grandma and grandpa?
  7. Will we be poor?
  8. Who will take care of me when I am sick?
  9. Who will take me to piano lessons?
  10. When will I see mom or dad?
  11. Who will sign my permission slips and my report card?

Older children may be more pointed!

  1. Why?
  2. Why can’t you work it out?
  3. How could you just stop loving her/him?
  4. How am I going to be able to go to university?

Explaining the reason for separating is often very difficult.

There are so many possibilities and for the listener some may seem to be simply a lame excuse and for others perfectly acceptable. Perhaps the most difficult explanation could be infidelity. Do you ignore the question or rip the other parent? The following is offered by Judith Wallerstein: What About the Kids.

‘If you have the courage to do so simply tell them that their mom or dad loves another person more and they cannot live together anymore. Leave out details like, “they have been sleeping with someone else”.

Finding an acceptable framework for explaining the separating is helpful in the long-term. It allows you to confine your anger or guilt so that it doesn’t damage your day to day parenting. An explanation that I found helpful is that as intimate partners we stopped taking care of each other over a prolonged period of time. This is what I call the mutual no-fault explanation or the mutual both parties at fault explanation. Good people, good parents, who tried their best together; and hopefully will do their best as parents going forward. My experience is that my children appreciated my approach in the long-run.

Is it Ever Too Late to Tell the Children?

It is never too late to tell the children with the no-fault approach.

This is your opportunity to be the parent you wish to be at a time when you may feel like a failure as a parent. It is the first and most important step toward family renewal for your now changing family!

How to get started about talking to your kids about the break-up

On By BarryIn Before Separation, Parents

Talking to your children about separating or breaking up is hard to do!

The end of an intimate relationship is often messy; the end of an intimate relationship with children is messy and complicated at best, gut wrenching and devastating at worst.

The decision to end an intimate relationship with children triggers difficult conversations. Unfortunately, for many intimate relationships difficult conversations have been deferred for months, even years. Anger may have replaced caring and support.

Either or both partners may be damaged, wounded, and vulnerable from the loss of caring and goodwill.

The reason for a separation is generally (except for DV) irrelevant to the legal process. The legal concept of no-fault divorce is/was an effort to end drawn out litigation over the cause of a separation. The good intention of no-fault divorce often is lost to conflicts over parenting access and a legal process that is adversarial and combative. It is however a worthy concept.

Collaborative law has become an alternative legal approach. The collaborative process is endorsed by this project and you are encouraged to access the Legal section. We are not necessarily proponents for the legal system’s version of collaborative law, mainly re: the costs.

In an earlier section, I requested that each parent assess their current emotional well-being as they enter this most important, joint initiative of explaining the separating to the children.

You must be prepared for these critical conversations with your children. The no-fault concept is a valuable tool as you enter the unfamiliar world of separation.   

Telling the Children

Our experience working with over 800 parents finds that telling the children about the breaking up in a meaningful and purposeful way is rarely done. Parents find many excuses for NOT doing; a) hate tough conversations; b) may lead to more tears or fighting; c) sense of failure; d)  a desire to avoid open, parental conflict; e) unnecessary, children probably know; f) ill prepared; g) etc.

Not talking to your child (ren) is a serious misstep in the long term. Stumbling about is not an effective parenting strategy. As parents, you want to mitigate their fears, insecurity and uncertainty as best as you can.

“This is your opportunity to be the parent you wish to be at a time when you may feel like a failure as a parent. It is the first and most important step toward family renewal for your changing family”! (Kids n Dad)

At the worst of times, each parent must keep in mind the twin concepts of no-fault divorce and family renewal. The first supports parents in achieving the goal to discover the ever-elusive calm from the chaos of emotions that are swirling inside each parent.

Renewal is about optimism for what is achievable. The alternative is simply survival and to live life in an out of chaos, often for years or even a lifetime.

Renewal is doable provided each parent truly takes ownership for what I have discovered from our support for separating parents; namely, that each parent loves their children more than they are angry with the other parent.

If either parent is unable to affirm the above statement, they need to find support that helps them to meet their parenting responsibility.

 Your question to every professional:

 ‘Do you (professional) have the tools to support our family through the chaos and anger, so that our children have the best opportunity to have the love and support of both parents and extended families… forever?

N.B. Read the essay by an adult child of a family separation. Included are several comments by children and parents from a split family. I found her essay poignant and profoundly sad!

Preparing a script for navigating the family conference.

a) Remember the no-fault approach.

b) Each parent must do their own assessment prior to a family conference re: the challenges facing each child. Consider their age, childhood stage, uniqueness of each child, relationship with each parent or sibling, etc.

 There is an impact on every child in every stage of life- please understand this fact.

See the different parenting sections in the resources!

c) Once the above step has been done, the parents should compare their thoughts prior to a family conference. The previous step help parents begin the process of creating an appropriate interim parenting plan and the groundwork for a long-term plan.

d) Initially consider the broad strokes of an interim parenting plan prior to the family conference. Practical questions must be answered/explained. A parent who suddenly disappear does not support shared parenting.

An interim parenting arrangement should maximize parent-child engagement in the now changing family. This is a trial agreement. Our resources offer ideas on a practical parenting plan and a short-term, financial plan for paying the bills. Be flexible, based on the feedback from the children.

e) The agreement should be initialed by each parent and witnessed. If this is too formal, it is a good idea to inform parents or good friends of your initial plan. You may need an outside support to help you live with the agreement in the short run.

The Family Conference Dynamics – Scary and somewhat unpredictable!

  1. If possible, do the conference together (Coloroso)- take as much time as necessary. You have developed a no-fault plan (script) anticipating possible questions. The key and most difficult question is why you are separating. There are of course many difficult explanations, where one partner feels aggrieved by the other partner. There are ways to do an explanation that follow the no fault concept.

b) If possible, do the explanation conference a minimum of 2-3 days ahead of either parent leaving the family home.

c) Children at different ages, stages, gender, special needs and attachments may have very different reactions. Your preparation may still fall short. Remember the framework that you and your child’s other parent developed.

d) Often, your sense of personal unhappiness and damage to the family is not the child’s view of their world. Children only know their family’s dynamics i.e. they understand their family and have no real comparison.

Children generally choose an intact family over separation.

e) Some children (usually over age 10) have a distorted view of one parent and may enter the family conference with their own judgment of blame or blamelessness. The separating may have started months earlier by one parent, and this had the consequence of isolating one parent from the children.

Both parents have an important challenge in this situation. The blamed parent must not be thrown off and hurt; the favoured parent has a responsibility for the child’s sake to gently move the child to a healthier place.

f) At the conference, the opportunity exists to remind the children that the family continues in a changed form. Both parents are going to continue to be part of the child’s activities and school life, etc. Don’t minimize the change, but don’t exaggerate the complete separateness of the children from either parent or extended family.

g) The atmosphere that you create in the meeting allows the children to express their feelings of anger and sadness; anger and sadness are natural emotions. The family meeting provides an opportunity to be reassuring. Be the best listener. It is a valuable skill going forward.

 h)  If the children are quiet (very possible), anticipate questions that are unasked.

 i) Plan a second meeting within a specific time i.e. two weeks later. It is easy to let it go because it is so uncomfortable. Some of the initial discussion will simply have been a blur to children. It is likely that the on-ground changes will prompt more questions and a need to review and even adjust the original plan.

j)   Take a moment to assess your sense of the conference and don’t be afraid to compliment the other parent for the way they managed the meeting. This is laying the groundwork for future success as separated parents.

k)) Do your own post meeting assessment- a parent feedback session. Keep it civil.

 l)  Small successes need to be recognized. This is very tough ‘stuff’. Your interactions are observed by your children. They see, hear and imagine everything in their changing world. They can become a caretaker for one or both parents and isolate themselves from both parents. Neither option is healthy. Many children have friends that are from two homes and may appear accepting of this dramatic change. There is more going on inside the child.

Questions to be answered from the practical to questions without an answer.

  1. For some time going forward, every problem with a child may ‘feel’ like it is a consequence of the separation. Remember that intact families have lots of problems. Your changed family life is more complicated for every family relationship; but you are still a parent and have a family.
  2. The way that you tell the children and set in motion the actual on the ground changes provides a building block- a foundation for what comes next and next and next.

Common Questions by Children.

  1. Where will we live?
  2. Where will mom live? Where will dad live?
  3. Who will keep me safe?
  4. Will we go to the same school?
  5. Who gets the dog?
  6. Will we see grandma and grandpa?
  7. Will we be poor?
  8. Who will take care of me when I am sick?
  9. Who will take me to piano lessons?
  10. When will I see mom or dad?
  11. Who will sign my permission slips and my report card?

Older children may be more pointed!

  1. Why?
  2. Why can’t you work it out?
  3. How could you just stop loving her/him?
  4. How am I going to be able to go to university?

b) Explaining the reason for separating is often very difficult.

There are so many possibilities and for the listener may seem to be a lame excuse and for others perfectly acceptable.

 The most difficult explanation could be infidelity. Do you ignore the question or tear into the other parent? The following is offered by Judith Wallerstein: What About the Kids.

‘If you have the courage to do so, simply tell them that their mom or dad loves another person more; and they cannot live together anymore. Leave out details like, “they have been sleeping with someone else”.

Finding an acceptable framework for explaining the separating is helpful in the long-term.  It allows you to confine your anger or guilt so that it doesn’t damage your day to day parenting. An explanation that I found helpful is that ‘as intimate partners we stopped taking care of each other over a prolonged period’. 

This is what I call the mutual, no-fault explanation or the mutual, both parties at fault explanation.  Good people, good parents, who tried their best together; and hopefully will do their best as parents going forward. My experience is that my children appreciated my approach in the long run.

Is it Ever Too Late to Tell the Children?

It is never too late to tell the children with the no-fault approach. Almost every former partner eventually gains perspective for the cause of their failed, intimate relationship.

 Research indicates that women/mothers are more likely to trigger the actual separation.

This doesn’t mean they were the cause-only the eventual decision-maker. Dads are more likely to be out of the home (at least without the children) than mothers when the separation begins.

 There is a parenting obligation to do a script and for both parents to participate in talking to the children. The parties do not need to be together in the room. One can follow the other in talking to the children.

The common script for ‘difficult’ situations can be done with the help of a family counsellor and they can provide additional support or context in the conference.

 Intimate partner abuse, child abuse allegations and mental health concerns are a few situations that may require additional support in this phase.

Closing Comments

Barbara Coloroso (Parenting through Crisis) provides a list of what kids (your kids) need to hear. They are offered as a guide at the beginning of your family’s difficult journey to renewal in two homes.

Children need to hear:

  • They still have a family.
  • They will have two homes, one with mom and one with dad.
  • Both parents will always love them and take care of them.
  • The kids did not cause the divorce. This is an adult problem.
  • They will not be left in the dark about any decision that will affect them. Their feelings will be acknowledged and considered. However, the adults will make the decisions, based on the children’s best interests.
  • They will never be treated as another piece of property to be fought for, bargained over, or seized.
  • They will have the financial support of both parents.

Every section in this site is intended to support you in your effort to love your children, ahead of your feelings of hurt, anger, loss and despair.

Telling the children launches your family into uncertain territory, where every relationship is under stress and risk. This may not feel like a step forward, but if done together within the no-fault framework, you have taken a step toward family recovery in a two home setting.

Money matters and separation

On By BarryIn After Separation, Before Separation, During Separation, financial, legal

Note: The following was written a few years ago and as such resources may be difficult to find; however, the subject matter/issues remain. Use the different sections to find more recent articles. The legal section also include information re: financial obligations.

Reality Check!

Two homes cost more than one home! Family income is unlikely to change in the short or medium future. The initial weeks and months are likely even more expensive and may lead to rising debt levels for most separating families. A lack of civil discourse or cooperation may delay the urgent need to change financial habits.

Another common characteristic for many couple breakdowns is overspending in the months leading up to the actual separation. Money issues in the intact family are a leading cause for a relationship to end.

Listed below are a number of topics and resources intended to spotlight the different financial concerns  confronting almost every parent and their family.

Financial woes often contribute to marriage breakdown. Statistics suggest many couples begin family life in debt. Life with children is expensive and debt and managing debt is often an ongoing concern and a cause for conflict. It is unsurprising that in separating, conflict over money is a continuing saga.

Before separation points to consider

Separation with children and two homes triggers for many separated couples a journey  from manageable debt to ever-increasing and often unmanageable day to day debt. Most middle and upper, middle class, intact families spend to the limit of their joint income. Most during their child rearing years were content with savings only in some form of pension and hopefully an increasing asset in their home.

These main assets are often tied up or unavailable for some time during the separating, legal process. Reading and understanding the legal impact on the financial side of separating is important for both parties.

Some articles to consider before and during separation

  1. Top 6 marriage-killing Money Issues (Investopedia)
  2. 5 Ways Your Partner Can Ruin Your Credit (Forbes)
  3. Getting divorced? Five steps to get your finances back on track. (Globe and Mail)
  4. What financial experts wish you knew about divorce (Globe and Mail)

Late in life separations

Late in life separations are more common today. A well-planned for retirement can be turned upside down when one or both parties choose to end the marriage. Often children are no longer at home; but may or may not be launched into work life. Adult children may turn for financial support at a time when parents feel guilty about their late in life separation.

Many 50+ age separating parents still have children in expensive post-secondary education and graduate programs. In the middle of a previously, certain trajectory of financial support an unexpected wrench is thrown into the mix. For many couples the assets are again a pension plan and home equity. The home based equity has often been eroded by borrowing from the asset to pay off borrowing in the intact family.

In many cases only one parent has a full pension plan and the equity in the home may vary widely. Many parents find their long-term financial plans must begin anew. Separations rarely time the market or housing at peak valuation. Women, depending on their circumstances, may find themselves with fewer resources; more specifically some may need to acquire the skill set to manage their own financial affairs. In addition one of the partners may enter a separation unaware of their financial position.

Resources on later in life separations

  1. Rising ‘grey divorce’ rates create financial havoc for seniors. (Globe and Mail)
  2. What to do when a midlife divorce derails retirement planning (Globe and Mail)
  3. From down payments to tuition, later-in-life divorces affecting plans to support adult children (Globe and Mail)
  4. I’ve seen people cleaned out: Divorce later in life (Financial Post)
  5. A divorce behind him and no company pension (National Post)
  6. Downsized: How a late-career job loss can derail retirement plans (Globe and Mail)

The Legal Section provides supportive materials on legal obligations re: child support, spousal support, extraordinary expenses, equalization, etc. The following resources are offered as common issues/questions that may be relevant in many separations at some time. If you can anticipate these ‘common’ happenings then you may be able to work through them in a non-destructive way.

Please do your own research.

Many Family Law lawyers provide a one off-one hour session  to answer/clarify questions that you may have for a fee – without being their client. Cost likely $400-500. They are not acting as your lawyer at this time.

The advice may provide clarity on the type of legal approach you wish to employ.

General separation and finance articles

There is an unending list of financial topics related to family breakdown. Many are specifically laid out in law re: financial responsibilities to children on a day-to-day basis through child support tables and extraordinary expenses. In addition, the law sets out the division of assets, settlement of debts and equalization. For many these require goodwill if the parents are going to navigate years of co-parenting.

Articles are from government and newspaper websites. They may be dated and/or no longer available, but the topics remain relevant in most cases and allows you to do your own searches. They may help you determine the need for employing a lawyer or other support services.

WARNING: The issues raised in the above articles often come from unusual situations specifically and impact the general population of separating families. Arriving at fair settlements should be your goal and not protracted legal settlements.

Final Thoughts

 Economic survivability may be initially manageable but cannot survive the challenge/test of a job loss or unexpected health crisis.

Budgeting for many two income couples has sometimes become a lost skill. It needs to be found-asap. Readings and tips may be found throughout the Resource Hub to help find low cost activities, etc.

  • Many couples need to separate/remove their names from accounts and credit cards ASAP.
  • Wills need to be updated, including possibly, the wills of grandparents!

Money is a not so funny issue once a separation occurs. It can be a source of bitterness that impacts parenting relationships and used by one parent with the children in the blame game.

Featured

The Family Conference

On By BarryIn Before Separation, Children, Fathers, Mothers

The family conference—coming together and discussing the coming changes for the family—is a scary and unpredictable time. Every member of the family will bring their own particular vulnerabilities to the discussion, which makes it all the more important that you as parents feel as prepared as possible.

There is, in our view, a parenting obligation to do a script and for both parents to participate in talking to the children. The parties do not need to be together in the room. One can follow the other in talking to the children. The common script for ‘difficult’ situations can be done with the help of a family counsellor and they can provide additional support or context in the conference. Intimate partner abuse, child abuse allegations and mental health concerns are a few situations that may require additional support in this phase.

Preparing a script for navigating the family conference

  • Remember the no-fault approach
  • Each parent should assess the challenges facing each child prior to the conference. Consider their age, childhood stage, uniqueness of each child, relationship with each parent or sibling, etc. There is an impact on every child in every stage of life.
  • Parents can then compare their thoughts prior to a family conference. This will allow them to begin the process of creating an appropriate interim parenting plan and the groundwork for a long-term plan.
  • Decide on an interim parenting plan prior to the family conference. Practical questions need to be answered and explained. A parent that suddenly disappears does not support shared parenting. An interim parenting arrangement should maximize parent-child engagement in the now changing family. In some ways this is a trial agreement. Be flexible based on the feedback from the children.
  • The agreement should be initialed by each parent and witnessed. If this is too formal, it is perhaps a good idea to inform parents or good friends of your initial plan. You may need an outside support to help you live with the agreement in the short run.

The Family Conference Dynamics

  • If possible, do the conference together, and take as much time as necessary. You have developed a script using the no-fault plan and have anticipated possible questions. The key and most difficult question is why you are separating. There are of course many difficult explanations where one partner feels aggrieved by the other partner. There are ways to do an explanation that follow the no-fault concept.
  • If possible do the explanation conference at a minimum of 2-3 days ahead of either parent leaving the family home.
  • Children at different ages, stages, gender, special needs and attachments may have very different reactions. Your preparation may still fall short. Remember the framework that you and your child’s other parent developed.
  • Often your sense of personal unhappiness and damage to the family is not the child’s view of their world. Children only know their family’s dynamics i.e. they understand their family and have no real comparison. Children generally choose an intact family over separation.
  • Some children (usually over age 10) have a distorted view of one parent and have already entered this family conference with their own judgment of blame or blamelessness. The separating had begun months earlier by one parent and this had the consequence of isolating one parent from the children. Both parents have an important challenge in this situation. The blamed parent must not be thrown off and hurt; the favoured parent has a responsibility for the child’s sake to gently move the child to a healthier place.
  • At the conference it is possible to remind the children that the family continues on in a changed form. Both parents are going to continue to be part of the child’s activities and school life, etc. Don’t minimize the change but don’t exaggerate the complete separateness of the children from either parent or extended family.
  • The atmosphere that you create in the meeting hopefully allows the children to express their feelings of anger and sadness; anger and sadness are natural emotions here. It provides an opportunity to be reassuring. Be the best listener. It is a valuable skill going forward.
  • If the children are quiet (very possible) anticipate questions that are unasked.
  • Plan a second meeting with a specific time i.e. two weeks later. It is easy to let it go because it is so uncomfortable for you as parents. Some of this discussion will simply be a blur to children. It is likely that the on-ground changes will prompt more questions and a need to review and even adjust the original plan.
  • Take a moment to assess the meeting and don’t be afraid to compliment the other parent for the way they managed the meeting. This is laying the groundwork for future success as separated parents.
  • Do your own post meeting assessment- a parent feedback session. Keep it civil.
  • Small successes need to be recognized. This is very tough ‘stuff’. Your interactions are observed by your children. They see and hear everything in their changing world. They can become a caretaker for one or both parents or isolate themselves from both parents. Neither option is healthy. Many children have friends that are from two homes and may appear accepting of this dramatic change. There is likely much more going on inside the child.

An Open Letter to Parents Facing Estrangement or Alienation

On By BarryIn After Separation, Alienation, Before Separation, During Separation, Open Letter, Parents

The most heart-breaking obstacles facing a parent in building an enduring, supportive and involved relationship with their child are found in cases of estrangement, alienation and Parent Alienation Syndrome (PAS).

Accompanying this ‘Open Letter’ is a page of resources from noted professionals who specialize in parental alienation. They explain the different terms and the common and not so common behaviors directed at the ‘other’ parent. These behaviors can create havoc for the targeted child, parent and extended family. The havoc is short and/or long-term interrupted parenting and even the permanent loss of the parent-child relationship…for a lifetime.

The resource webpage depicts the sense of loss and devastation for an alienated child, parent and grandparent. They will help identify if you are facing the risk of becoming an alienated parent or are engaging in alienating behaviors as a parent.

How alienation happens

It is important to review these resources and check off specific behaviors that are now occurring, and to identify any future danger signals/signs that are creeping into your day-to-day, parenting relationship.

How are these behaviors by the other parent impacting your relationship with your child? Remember that the behaviors by the alienating parent are also targeted at your child. The alienator’s ‘success’ requires the child to become an additional voice (buy in) expressing their anger verbally or through behavior toward their other parent.

The insidious fallout of alienation is that the targeted victim can be so disappointed with their child that they unfortunately create more ‘separateness’ from their child in their effort to alter the child’s behavior. This is especially true for children of tween or adolescent age.

 It is important to incorporate parenting strategies to offset this possibility. It is a significant parenting challenge.

Most alienated parents can’t understand the child’s apparent anger at them. It can turn the best intended parenting time into a high conflict battleground. New, blended families sometimes fail to make it through the chaos triggered by alienating behaviors; one set of grandparents (alienated parent’s side) are often sidelined from a meaningful relationship with their grandchild or become estranged from their adult son or daughter in what feels like a battle of loyalties.

In our work with hundreds of separating parents, the devastating consequences of alienation have been the most troubling.  The wall of separateness between a parent and child once built often requires emergency intervention, sooner than later. The reason, for building this site on how to separate, is an outcome born from the glaring failure of the legal and social service systems in difficult, parental conflicts, as shown in the example below.

Case study: Penny and her parents

Please read the following article from the National Post re: a case in the Toronto Family Court.  As you do, jot down the different aspects of the case.

The case is described as an outlier. It is, but only in terms of the trial length and the financial costs. This case is not an outlier in any other way for too many separated families in Ontario!

 Comments on the case

The above case is common – it is about reaching a sustainable, parenting agreement for their young daughter following a separation. It is what every separating couple with children must accomplish.

The father (a policeman – shift-work likely) and mother agreed to a parenting relationship described as ‘generous accesses’ for the father. While not recommended by Kids ‘n’ Dad, many separating parents who agree to such an arrangement are doing so to avoid the costs of lawyers and appear to have ‘no expectation’ of serious, future parenting problems. The need for work flexibility is often the driving force for such an arrangement.

It appears that generous access worked well enough for a year or more. Dad did his parenting in a way in which the mother was comfortable i.e. she maintained control of her toddler-aged daughter. The signs of alienating behavior were likely obscured by the vagueness of the schedule. The father tried to work within the terms of the agreement and lived with the glitches.

The apparent trigger that exposed the mother’s controlling behavior appears to be that the dad began dating and thus the appearance of a new, significant person in dad’s and daughter’s life. ‘Generous accesses soon became intermittent and disrupted access‘. The father now needed a predictable parenting schedule to avoid clashes with the mother before each parenting time.

The judge describes in graphic terms the devastating consequences of this too-common type of case. Listed below are several outcomes. It is only a partial list; add to the list additional outcomes that you would anticipate.

Note the following about Penny’s case

  • The behavior described by the judge re: parents;
  • The tragic impact on their daughter;
  • The length of time it took for the case to work through the system;
  • The other professionals involved with this family and child, who were inept or unable to help this young girl;
  • The judge described the mother as a ‘good mother’, otherwise. This informs us on how reluctant the judge was to condemn the mother i.e. the threshold that had to be met and was met;
  • Beneath the surface, there is a subtle criticism of the father for continuing the case i.e. not allowing the child to be parented by an abusive mother forever. Did he have another option?
  • The actual outcome – father awarded custody…for now; too late for all (?);
  • The impact on the parents, over such a long time, in terms of mental health, other relationships, cost, workplace, etc.
  • Grandparents’ loss over the years.

There are varying forms of alienation. In this case, the term alienation and the psychological term PAS (Parent Alienation Syndrome) is avoided by the judge.  He focused on the devastating behaviors and the on-going impact on what is supposed to be a caring relationship.

What is most important is that parents recognize if they are behaving as described in the PAS resources. Forced intervention through the legal process or social service system (F&CS) is often too late to prevent tragic outcomes from becoming lifetime outcomes.

In the resources is An Open Letter to Children Estranged from a Parent from their parent in the short and long-term. It is a letter that reflects the failure of our current system. It is intended to be useful in reaching out to an alienated child in late adolescence or adulthood.

Alienation or estrangement?

How do you distinguish alienation from estrangement? The different resources should help you. Remember, each parent has a differing relationship with each of their children. Difficult parenting relationships within the intact family, especially with tweens and adolescents, may be your situation. For some parents, estrangement may be a better description than parent-driven alienation.

 If it is estrangement, then parenting support is necessary from both parents to repair the parent-child relationship. It is in the interests of both parents to improve the parenting relationship with the child. Estrangement can lead to dangerous behaviors by the adolescent. Estrangement may require strategies for the specific parent-child to recognize and deal with past relationship factors.

The separating process of an unhappy, intimate relationship can contribute to neglected parenting or an adolescent child intervening on one side or the other.

The crisis of the separating may not reflect the actual caring relationship between the estranged parent and child.

The legal system and alienation

False allegations of partner or child abuse are too commonplace in custody disputes. The exchange of legal documents can quickly inform the ‘other parent’ on whether they are facing potential alienation.

 Almost every allegation of abuse is accompanied by a legal remedy seeking a form of sole custody. If a parent seeks such a parenting arrangement without cause, the other parent needs to be concerned- i.e. a red flag going forward. How you separate is particularly important to avoid controversial allegations (see the Intimate Partner Abuse section).

A disturbing form of alienation is child abduction. The classic case is literally the disappearance of parent and child. This occurs when a parent has family roots in another country. The parent leaves with or without consent (signed form from the other parent) with their child for another country on a holiday but intending to never return.

The Hague Convention is an international agreement that governs member nations to act in a collaborative manner to return a child to their home of residence (prevailing legal jurisdiction). Canada has signed the Convention. Not all countries have signed, and some countries are better at enforcement. See this CBC article for a Canadian example of this situation.

A second form of ‘abduction’ can occur legally through what are called mobility rights. This is when a parent, often with sole custody or joint custody (majority parenting time), wishes to relocate with their child an hour or two away or across the country. If the parent with majority time has a ‘good reason’ for moving (remarriage, job opportunity, etc.), they will likely be allowed to move. They may have an obligation to meet a standard that accommodates the other parent’s access.

Long-distance parenting can become the source of separateness

Mobility rights should be covered off in any parenting agreement, even if it seems a remote possibility for either parent. It should recognize the principle of similar parenting opportunity for the non-moving parent and the requirement for the parent seeking the move to be accommodating (costs, access) to the other parent. The reason for moving is always subject to scrutiny/debate and may not be assumed as happening by the majority parenting time parent.

Accidental or careless Alienation/Estrangement can be an outcome when a parent consistently fails to live up to their parenting commitment by disappearing from their child’s life; there is a pattern over time of poor parenting behaviors i.e., no timely calls to child or other parent; a failure to prioritize parenting responsibility; lack of involvement in child’s education, medical care, opportunities, etc.

While the offending parent may only hear criticism from the other parent, the reality is that the parent may have earned the ‘scolding’ and separateness from their child. This does not need to be permanent; but in and out of a child’s life is difficult for the child and for the child rearing parent. One can often find an excuse for their ‘dropping out’ again and again; but an excuse for past behavior does not erase doubts   for future parenting.

These situations are remedied over the long-term by consistent involvement and meeting responsibilities in a joyful way. Earning back the trust of the ‘custodial parent’ and child can be a lengthy process that requires evidence of an enduring commitment.

Domestic Violence, Intimate Partner Abuse/Violence

On By BarryIn After Separation, Before Separation, During Separation, Parents

Note: This paper was composed years ago to understand the complexity and broad range of issues within this topic. It is a resource list – some may be dated, however most are educational and comprehensive.

Do your own research. Find support services to help in your recovery if a victim or a perpetrator.

There are many difficult issues connected to any discussion of this topic, and it is specifically so in a family setting. Once violence or other forms of abuse become public the intimate relationship is likely to end and the intact family is likely going to come to an abrupt end.

** There are programs available from counselling, the John Howard Society and Family and Children Services to name a few that may calm the family situation.

I am writing this as someone who has two adult daughters and one adult son, and several granddaughters and grandsons. My wish is that they live in an environment free from being victimized by abusive behaviors or from being an individual who commits abusive acts.

In the recommended resources, there are several articles on signs a) of abusive behaviors; b) of being a victim; c) of gender abuse against women and/or men; d) of support services designed to protect victims, etc.

In our work at Kids n Dad Shared Support and through this website our mission is to find approaches that prevent such behaviors and ensures children remain connected to each parent and extended family.

Please read carefully the materials provided below. An intimate relationship breakdown, even in relationships with no history of abusive behavior, can precipitate high risk/volatile situations once the separation is initiated and during the difficult, early weeks and months.

Finding supports for these initial discussions re: separating may be necessary and appropriate for families who have experienced volatility during their relationship. The worst potential outcomes for children, parents and extended families may occur in the way you end the intimate relationship.

Below are resources over a comprehensive range of topics on Domestic Violence. They were done a few years ago but set out potential direction for matching your situation.

What is relationship conflict or abusive behavior?

Below are recommended resources to understand these issues.

Possible Actions/Supports

Everything that you probably didn’t want to know on legal issues and separation

On By BarryIn Before Separation, During Separation, financial, legal

Note on legal pages: The recommended resources, articles, etc. are offered in part to make you aware of the different situations that may be part of your on-going journey. The law does change through legislation and case precedent. Some recent articles talk about different case law and legislation that may be updated again and again. You must do your own update or engage a legal professional or access legal services at the Family Law Information Centre (FLIC) at the Court House. WE ARE NOT LAWYERS!

If it were my choice, the legal profession would be left out of the separating process until the final dotting of the agreement.

Parents would determine the parenting agreement with the support of any professionals required to ensure that each parent and extended family would remain an integral, parenting force in the child’s life.

Until our community adopts a process that is intended to maximize each parent’s role, most parents will require the use of family law lawyers at different junctures to settle disputes.

Unless low conflict approaches are employed from the beginning to arrive at a parenting plan, the separation years may seem to be never-ending.

The Resource Hub is focused throughout on two goals: a) a cooperative, shared parenting plan and b) a fair, equitable division of assets.

Accomplishing the above requires jumping through many hurdles at a time when anger, despair, and depression may be your companion many days. To make it through the shades of darkness requires a minimum, working knowledge of family law and the legal process.

Every section of the Resource Hub is designed to provide basic education on the different issues that must be resolved to effectively accomplish the goals set out in the Hub.

The separating process begins formally with the decision and an actual step to separate by one or both parties. Usually, there is an agreed to date of separation. This date may have significance in the division of assets and credit card debt, etc. You are now getting in to the nitty, gritty of detaching from the other parent.

Some former partners remain in the family home for economic/parenting reasons. However, the agreed to date of separation applies. Be aware that it could be challenged, if the parties engage in on-going intimate relations and /or cohabit in a way that creates some doubt over reconciliation.

Preparation before separating

Often, one or both parents/intimate partners have done homework on the separating process. In other words, one party gave the decision some thought, consulted a lawyer or discussed it with friends, who had personal experience.

 In cases of abusive behaviors within the relationship, many women specifically have reached out to professional support, who often recommend a series of pre-steps prior to leaving the family home, often without a conversation with their intimate partner.

This kind of situation is less likely able to avoid the use of the legal system.

If possible (in most cases this is likely), the difficult conversations need to be held prior to separating. It is possible that one or both intimate partners may need  support resources to set out the steps to a) actually initiate the separation in a ‘non-destructive’ manner; b) plan a family conversation to tell the children in a no-fault conversation (see section on Telling the children).

In the section on Domestic Violence, there are comments on the recommended steps found in many advice assessments to mothers. It is our position that there are better ways to ensure safety and create a calmer, separating environment.

The above steps are actually exceedingly difficult emotionally, and incredibly complex. At the very beginning, the Resource Hub is attempting to provide a GPS system to navigate unknown paths to a future that has two home parenting schedules.

If it is done thoughtfully and adheres to your parenting goals for your children and yourselves, you are off to a start to be proud of, even at a time, when the sense of failure may be overwhelming.

An informal parenting plan (initialed, if possible) can continue for some time, while everyone finds their equilibrium.

The focus must be on making the new routines manageable for shared parenting in the early days, weeks even months.

Sooner or later

The time does/will come, when one or both parents decide that the next step to a formal, parenting plan and financial division of assets makes sense. HOW THIS IS DONE IS OF CRITICAL IMPORTANCE!

Going from interim to permanent may make ‘sense’ to one party, but a giant leap for the other party. It sends a clear signal to everyone, who may have held hopes for a different outcome (other spouse, children and extended family or friends).

Now is the time HOPEFULLY for a conversation about how to accomplish the next step of a permanent, separation agreement. If the interim agreement has generally worked re: parenting, the pathway is clear with a few adjustments. In the resources, there are model, parenting plans.

Information and experts cited in the Resource Hub recommend that parents research the different, low conflict legal options; a) mediation and mediators; b) collaborative law and collaborative law lawyers; c) explore family lawyers with a reputation for an informal (collaborative-lite) approach; self-representation. (see resources for these options)

Seek out recommendations and do interviews together re: some possible candidates. A warning: once one party has formally engaged a lawyer in the traditional sense, it is likely that this is the direction going forward. As such, the approach on how to settle needs to be on the table before or ASAP following the formal separating.

Sometimes the next step is initiated because of a new relationship and one party desires to hasten or slow down the moving on. Whatever the trigger, one needs to recognize that the status quo of an interim agreement often has a limited shelf life.

 Conversations need to be held regularly re: where each person is on the choices/options to avoid a costly approach.

You are served

You can be served anytime, but it is almost always a shock even when you have been warned that it is coming.

The initial legal document often triggers resentment from the receiving party and often sounds as if it had been written by an angry, aggressive, former intimate partner. But broken down, it has generally just two goals: a) a parenting plan; b) division and equalization of assets.

The legal language and the argument/justification for the parenting and equalization often pushes the outer limit and sometimes well beyond that limit. There is often accusatory language -accurate or not or incomplete or simply false.

Read/reread all documents carefully for what they request! The language can often lead you to take your eye off the ball. You are human after all.

The financial demands may be outrageous or seem so; but remember financials are often governed by rules set out by Family Law.

THERE IS ALMOST ALWAYS A REQUIREMENT TO RESPOND BY A TIMELY DATE. DON’T MISS THE DATE AND THIS MAY REQUIRE A TRUE PLAN OF ACTION!

 Depression that leads to a failure to respond is potentially costly

As an example of being thrown off by such a document, I am reminded that I received an initial court document that stated that my children ‘feared’ me. This was a new, untrue accusation.

It knocked the heck out of me. Such statements, for most intimate partners, triggers a sense of betrayal and confirms the no going back. However, it is important that it doesn’t lead to erratic action through angry communication, public confrontations and interrogating the children.

YOUR NEXT DECISION IS NOW HERE! a) Find a lawyer to be your voice; or b) start learning everything legal in order to self- represent in writing your response; or c) prepare for a case conference.

There is a debate in some circles re: Is it an advantage to be the applicant or respondent? In theory probably no but …? The applicant sets the tone of the debate initially. The respondent must file a reply and may find it difficult to not only respond to the claims set out, but also to the ‘tone’ that attempts to support the claims.

There is some debate as to whether a respondent should refute directly and/or make counterclaims; or simply reply with a simple rejection i.e.” untrue”.

The tone within the document often provides insight into the reasonableness of the other parent and their lawyer.

Discipline, education, organization and taking care of self

Overload is often a major problem for a separating parent at this juncture.

 Consider the different life changing forces in your life:

  • being a parent, negotiating with your children’s other parent…constantly (nothing is normal);
  • convinced that you are failing your children;
  • performance at work;
  • shortage of money;
  • building a mom’s house or a dad’s house;
  • rebuilding your own life; etc. 
  • Oh yes, learning to be a lawyer to save on what you pay, or self-representing;
  •  keeping all the documents straight and on time with different orders.
  •  It goes on and on, with documents that are dissing you and everything good that you believed about your parenting, intimate relationship and family.

The good news is that most of us survive the chaos!

Legal representation

What are the major areas to understand, whether self- representing or with a lawyer? The following is a broad attempt to identify issues faced by separating parents with children. Further research is your responsibility.  A range of websites and resources will be set out.

  1. The Legal process is outlined in a chart in the resource section. The case conference and settlement conference paperwork are prepared by you (if you are self-representing) or your lawyer, working with you. The goal in Ontario and new Federal legislation Bill C-78 is that the parties will arrive at a signed settlement following mediation or the Case Conference or the Settlement Conference. Few cases go to trial, thank goodness. Unfortunately, there is often considerable pain that is expensive in reaching a settlement. The reality is that even today it is a rare case that goes to trial.
  2.  It is also true (to this writer) that fewer trials do not necessarily lead to equitable/fair, co-parenting plans. It can be about exhaustion and financial resources.
  3. Financials: You are encouraged to do your homework on everything financial. These would include maintaining/obtaining past financial records, tax returns, matrimonial home paperwork, defined pension plans valuation, RRSP’s, possible spousal support, child support, other property, possessions, all types of debts, etc.

The more of this prep work that you do on your own the less time (fees) charged by your lawyer.

  • Spousal support is unlike child support. Child support has binding guidelines, that are applied when parenting time for the paying parent is less than 40%. Spousal support has always been uneven or even one might say all over the map.  Spousal support guidelines are now generally applied by a judge, with some discretion, case law and a range of options based on their own judgment.

The duration of spousal support payments is based upon the length of marriage, etc. Many settlements provide a range of payments, often with an uncertain duration for longer term relationships.

 If spousal support is a possibility, each person should read over the guidelines and prepare a case for what is reasonable/fair.

  • Read up on self-representation. Consider whether you fit the suitability/ temperament to do this work. Included are resources and sites for your consideration.
  • If parenting arrangements are a major source of conflict, consider alternative professional resources. They include the OCL (Office of the Children’s Lawyer); private assessors (do your homework on their belief structure); parenting co-ordinators (homework required also); special masters; FRO (Family Responsibility Office).
  • Parental Alienation Syndrome (PAS) is a tragic parenting situation faced by too many parents (usually faced by a dad and their child). See the resources for high-conflict-hostile aggressive parenting and PAS.
  • Specialists for children from high conflict family separations are often required. Again, one needs to do your homework on their credentials and their belief structure.
  • Mediator/Arbitration may be required to settle financial disputes.
  • High conflict cases often have a Domestic Violence allegation or child abuse claim. For a dad, this is often a difficult allegation to fully overcome. As such, it must be part of the legal equation in terms of creating a parenting plan. Locally the John Howard Society offers what is called PAR and the Caring Dads’ program, generally for men.

Many fathers are directed to the program by the court, and it may be a quicker route to being reconnected to their children – even if the claims are false. F&CS is almost always involved in such cases, based upon protocol, notification requirements. (see notes on F&CS)

The principal reason for F&CS is to protect children. Therefore, all allegations of any abuse impacting a child requires a safety assessment. Often a lawyer, who specializes in working cases with the F&CS should be hired.

Parallel Parenting Plans are an option in high conflict cases. The recommended resources include such plans.

  1. Abductions. Hague Convention. The possibility of such situations must be considered; especially at a time when diversity in intimate relationships is part of our social landscape. Fathers and mothers often have strong family roots in different countries. (See Resource Hub)

For each of the above situations, recommended resources are included, and they may point you to additional resources that fit your family situation.

Points to consider

Other factors to reduce costs and communicate effectively with your lawyer – a few thoughts:

  1. Read up on the lawyer’s responsibility to client. Read over individuals’ experiences in he resources.
  2. A common complaint: “I can never get a hold of my lawyer. On occasion, his legal secretary returns my call.” Ask about the lawyer’s availability and how the two of you are going to effectively communicate.
  3. How does the lawyer prepare for your Court date? Some lawyers simply meet you at the Court House. How do you provide him/her with your input? What should your expectation be when you go for a hearing?
  4. Is your lawyer competent? Is he good in court? Are you certain of his/her integrity? Are they prepared? Don’t readily accept his fairy tale that you can’t lose. The lawyer is your expert, but they represent you and need to provide you with input, so that you can assess the next legal steps. You ask them the questions about alternatives i.e. the value of a sit down with the other party to resolve certain issues.
  5. Don’t pester your attorney (on the clock) with questions suitable for a counsellor.
  6. KEEP YOUR CHILDREN IN FOCUS. In my work with 4 lawyers, not one really talked about the impact on my children. The lawyers were into the’ blood sport-normal adversarial’ process. See resources-essays.
  7. Be honest about situations that show up in court documents. A lawyer can only assess what they know.
  8. Be organized with your information for your lawyer to save time (money) and to ensure he understands the information provided.
  9. Expect professional work and be respectful.
  10. Clarify the lawyer’s charges (retainer) for everything they do for you- down to the phone calls talking to the legal assistant.

Begin to separate your day to day financials IMMEDIATELY upon separating. Remember that separation date!

  1. End joint credit cards, without cutting off key household services. Do it in a timely way.
  2. Start up your own bank account. If possible, remove 50% of any savings. Tell your partner what you have done or are doing.
  3. Protect certain assets from disappearing. Sometimes these assets simply disappear, especially in families that are drowning in debt.
  4. Get all your financial records together. e.g. tax records; mortgages, how the down payment was made; car loans; define pension fund valuations; credit cards at separation date;
  5. Change all relevant passwords, pin numbers, account numbers, etc.
  6. Figure out a financial plan immediately. It may be depressing, but it is necessary. Because some assets are unavailable initially, short term planning may be an absolute necessity.
  7. Grandarents may be an option. Many parents/grandparents do get stuck in the quagmire, so they need to understand the legal status and costs. It can be an added burden to you to have such debts to aging parents.
  8. Many separating families have borrowed money from parents or grandparents for down payments, home renovations, etc. This may have been done on a formal or informal basis. This needs to be part of the equalization process;
  9. Changing/updating your will may be required at some time in the process, including beneficiaries. This would also be a time for parents to review their wills,

Further Comments

Our legal comments are based on the experiences of hundreds of clients navigating the separating process. They are offered to make you aware of the legal issues that are a continuing part of the separating process.

 It is important to do your own homework on the relevant issues that are never-ending, when you have children who have yet to complete post-secondary education (a degree or diploma).

Summary of the Kids ‘n’ Dad Approach:

  • Try to make choices that are intended to be positive for your changed family.
  •  Do not be frustrated by the different parenting and financial conflicts. Forgive yourself for any flaws in your decision-making.
  • Remember the different resources – human or internet- to educate yourself.
  • The problem-solving model employed by the parents I.e. a peaceful and respectful approach to each other acts as a model to your children and a way forward over the long-term.
  • Do not sign anything legal that leaves vagueness and an opening for legal mischief.
  • Verbal agreements are not binding. Weigh the pros and cons on these kinds of agreement.
  • Leaving the matrimonial home as a way of taking care of the children in the short term may be damaging to the children. There are choices such as sharing/splitting the matrimonial home time with the children. The one risk is whether this presents the risk of a confrontation.
  • If some action feels risky- it probably is!
  • Do not buy into your lawyer’s argument that you have a winning position-clear cut. The truth is that he/she could represent the other spouse with probably the same words being employed.
  • Use our resources and others to determine the +’s and – ‘s of self-representation.
  • Each parent needs to start building a home for their children during their parenting time.  A common error is to leave the children in the matrimonial home-absent on parent- for some time. They need EACH parent in their daily life.
  • The initial weeks and months of the separation for many families is often a time that runs up debts, on top of previous debts. Two homes are more expensive than one home. Depression is common and thus job loss, absenteeism, sprees for the children to ‘buy’ happiness or affection are common concerns.

Be sure to look at the different sections that are connected to the legal journey.

Common misunderstandings that can frustrate separating parents

  1. The perception that child support is going to simply enhance your former partner’s lifestyle, not the children. Child support is a court order and is for the other partner to use as they deem proper.
  2. You cannot change a Court order unilaterally because you have unusual debts in a month. On occasion, a former partner may (if payments made directly to them) voluntarily consent to a change.
  3. Child Support is not tax deductible.
  4. Child support does not end automatically at the end of secondary school. Steps must be taken.
  5. Persistent arrears can lead to loss of license and even being jailed. Visit the Attorney-General’s Web Site re: Good Parents Pay.
  6. Some paying parents threaten to quit their job or reduce hours. This is a dangerous strategy.
  7. A new family with children does not reduce the obligation to your children from a previous marriage.
  8. Consumer proposals do not free/reduce child support, arrears or obligations. Occasionally arrears may be made more manageable through a repayment plan negotiated with FRO often in a Court setting.
  9. Arriving at a settlement for arrears or other matters is expensive, even in situations such as the end of a child’s schooling. You may need a lawyer, who specializes in FRO matters.

In the resources are Family Law articles. They cover some nuanced cases, that are on issues mentioned in this section. Unfortunately, Family Law is often made/created from unusual cases, that have extraordinarily, little relevance or reality to families at the lower end of the financial setting

For more voices on the impact of the legal system in separation, see Our Kids Matter and My New Family Matters…Too!

No-Fault Divorce and Family Renewal

On By BarryIn Before Separation, Fathers, Mothers

Even at the worst of times, each parent must keep in mind the twin concepts of no-fault divorce and family renewal. The first supports parents in achieving the goal to discover calm out of the chaos of emotions that are swirling inside each parent. Renewal is about optimism about what is achievable. Together, these concepts can help you to navigate the challenging conversations ahead—with each other, with the children, with friends and family—by uniting your efforts in a common vision. The alternative is simply to act in survival and to live life in and out of chaos for years or even a lifetime.

The No-Fault Approach

The reason for a separation for most parties is normally irrelevant to the legal process. Almost every former partner eventually gains perspective for the reason for their failed intimate relationship. Research indicates that women/mothers are more likely to trigger the actual separation. This doesn’t mean they were the cause—only the eventual decision-maker. Dads are more likely to be out of the home (at least without the children) than mothers when the separation begins.

The legal concept of no-fault divorce is an effort to end drawn out litigation over the cause of a separation. Unfortunately the good intention of no-fault divorce often is lost to conflicts over parenting access and a legal process that is adversarial and combative. It is, however, a worthy concept.

Collaborative law has become an alternative legal approach that has recent favour. The collaborative process is endorsed by this project and you are encouraged to access the Legal section. We are not necessarily proponents for the legal system’s version of collaborative law.

The question for every professional from you:

“Do you (professional) have the tools to help our family make it through the chaos and anger so that our children have the best opportunity to have the love and support of both parents and extended families forever?”

Family Renewal

Renewal is possible if each parent truly takes ownership of their most important focus as separating parents—namely, that each parent loves their children more than they are angry with the other parent.

If either parent is unable to affirm that statement then they need to find support that helps them to meet their parenting responsibility.

To separate or not to separate?

On By BarryIn Before Separation, Parents

The initial reason to end an intimate relationship with children is often unclear to one or both parties. It may simply be the accumulation of factors that have resulted in the gradual end of intimacy and supportive caring. 

The consequence is that the actual process of separating may take many different forms. They may range from a single, precipitating event to a drip, drip, drip separating i.e. continued co-habiting without intimacy. Some separating parents have an opportunity for a ‘rebuild’ and others less so.

Second thoughts in a calm environment can lead to finding the right professional services to support this process. Even if the parents decide to separate, a calm approach is more likely to create conditions for a parent and child friendly future.

If one parent is very comfortable that separating is the right decision, then that must be accepted and should not cloud respectful decisions re: parenting the children.

 If getting past the choice to separate by the other parent is too difficult or blocking your way to compromise or personal recovery, then you need to seek professional support. In addition, it is often helpful to find a friend that is able to provide trusted feedback to you re: your state of mind and the choices that you are considering. This has risk for your friendship and needs to be done with agreement on the rules for openness. An honest discussion about what you need could open the conversation. On the other hand, continuing, destructive behaviors may have serious consequences on the friendship and many other relationships. Many family member and close friends can be lost to a chaotic process.

 This is a critical moment for many significant relationships in your life- not just your (former) intimate partner.

Entering the FRRP with an expectation to rebuild an intact relationship potentially is going to have negative outcomes (anger/frustration). Let the relationship play itself out. Rarely can you persuade the other person to make a different choice. The other partner has to come to that choice.

 Time is often required! If both parents go through the FRRP and one person decides that separation is right for them, then finding your path to acceptance and personal recovery is necessary. The final decision by one party to separate can trigger a return to anger, despair and sadness. This is the time when poor choices are often made.

Separating: Is there a better way?

 Remember the obvious- separations rarely occur because the partners are feeling good about the other partner. In fact, many signs have likely been available for some time about one or both party’s unhappiness. Sometimes this lack of togetherness has been masked by busyness at work or through a focus on a child (ren) engaged in activities. One or both parents may have found it convenient to deny the reality of a distancing intimacy.

A few considerations to avoid negative triggers:

  1. Don’t put off a conversation about your intimate relationship. It may feel dangerous; but ignore at your own peril. Many couples have been sleeping alone upstairs/downstairs for months.

This ‘arrangement’ can change in a moment i.e. ‘a dead relationship walking’; so we need to be aware of that possibility and the anger that can accompany such a change. Separating needs to be done by agreement, not following a heated argument that can have lasting, negative outcomes.

  • The matrimonial home: Preferably I don’t believe that either parent should leave the family home unless they have negotiated and signed off on a basic, interim parenting plan. A possible interim parenting plan is offered in the attachments.
  •  This site provides a process for the parents to explain to the children in an age appropriate way what is taking place and to answer any questions. See the sections on talking to the children and stages of development.
  •  There needs to be no rush to finalize anything! An interim parenting plan may provide some breathing room. An interim plan is not a comprehensive, separation agreement and not considered problems may surface. The principles of the agreement and the ultimate goals should govern these concerns. It is important to remember that children need their parents to be a model of civility. The mere fact of your separation triggers uncertainty, doubts and questions often left unasked by you children. They are constantly sensing everything that is going on.
  •  Remember that common parental fear re: losing your child in the separating process. A small success leads to further successes. Can you both attend school or extracurricular activities? Can you communicate about medical issues re: your children? Can you make the occasional parenting switch to deal with life? This immediate transition period is about rebuilding parenting trust at a time when relationship trust has been damaged.

             ‘The act of divorce in itself is not dishonourable; but we are meant to be conscious about the manner in which we conduct ourselves during the process of recanting our vows.’ (Carolyn Myss, Anatomy of the Spirit)

A Personal Story of Separating

It was a sunny March afternoon when I departed the family home. My three children (ages 12, 16, 19) were doing what they do on a Saturday afternoon. My wife and I had deferred the separating or not conversation for some time; but for some reason the conversation had begun anew in the past few days and I for some unknown reason agreed to be the one to leave the home. In some ways, that most important second decision (who would leave) was taken for granted. I insisted that everyone that mattered understood that there was no fault by myself or perhaps more accurately that fault lay in equal portions between us. For some reason it seemed important in the lead up to this day that friends and extended family understood this no-fault/mutual fault thing?

The leaving for many fathers is a default position where we are still in our caretaking role and our belief that we can handle living with less comfort and without children.

I had arranged to stay at a colleague’s in-laws’ home. What I thought was a basement apartment was a small Room with a shared bathroom.  I unpacked my bag of a few items and sat there pondering the future. I had spent no time preparing for this moment!

Leaving the family home without my children was immediately devastating/overwhelming. I was totally unprepared for the impact. Sleep would not be my companion that night as I processed the past decisions. The night before leaving I slept on my 12 year old daughter’s bedroom floor beside her bed. I prayed that she would somehow sense that I loved her forever …through whatever. I feared that she was at the most vulnerable stage.

I decided to return to the family home the next morning to tell my children’s mother my plight. She was insistent that we had made an agreement and that I should honour it. It was an emotional conversation!

 I recall the journey home that morning and my emotional vulnerability after that first night outside of ‘our’ home and my children. The familiar drive took me by a swamp that I barely noted in the past. I had this powerful urge to drive straight into the beckoning darkness and simply end the pain. Most people who know me would suggest that I was normally the rock in the family; yet within twenty-four hours I had entered a dark place, unknown in my pre-separating life.

 One change had taken place following my short return ‘visit’ to my family home. My 16 year old daughter chose to live with me. She packed a few things and returned to the Room. I don’t know if I was supposed to tell her to remain in the family home with all her middle class comfort.  I was probably selfish at that moment. I knew the role of being a parent. I desperately needed to be reminded that I was indeed a parent and that just maybe that would not disappear.

That night as my daughter slept in our 10 by 10 Room, I pondered from my bed on the floor what the next step would be. I remember the mixture of feeling like a failure as a father, an intimate partner and a provider.

My daughter’s choice brought on that second evening thankfulness over despair. I had my swamp moment for the only time in this journey. I recall it still as if yesterday and of course the blessing of my daughter who reminded me that I was still a dad! I have never forgotten that gift.

Lessons

 My personal story is about thinking that you understand what is about to take place. Probably not! a) The swamp moment was not in my plan; b) life without my children-even for a day-was not in my plan; c) life outside the family home was not in my plan; d) my daughter moving out to live with me was not in my plan; e) splitting the children was not in my plan; f) etc.

The decision to separate triggers emotions that can shock and disappoint you about yourself and/or your former intimate partner. At the same time, life continues in ways that you may be ill-prepared.

Judith Wallerstein (What About the Kids) suggests there are three immediate challenges that every separated parent faces simultaneously with the emotional turmoil that may grip you in the first days, weeks, and months.

  1. Getting your life under control. Restoring yourself and rebuilding your supports.
  2. You must prepare the children for the break-up and support them through the crisis.
  3. Create a new relationship between you and you former intimate partner and the other parent in your children’s lives.

Comments

Many (most) parents are dealing with at minimum a low level of depression prior to separating. The actual triggering of the separation often unleashes more emotions and may deepen depression.

As parents, we often at this moment focus on our children (rightly so); but this can add to our own sense of failure. We feel an obligation to take care of everyone else –children and grandparents.

Caring for ourselves must be an ongoing process; it is important to find moments immediately where you build in your day activities that distract you from your current day-to-day crisis.

Make a list of 3-5 such activities that could fit your daily schedule.

Obsessiveness. It is very easy to fall into this trap. You may become very easily a non-stop talker and non-stop thinker about what is taking place in your family life. Your time with the kids is more nervous than ‘normal’- even interrogating children. Your time with friends and colleagues is about bending their ear or hearing them armchair quarterback your situation.

Self-Discipline. Allocate a limited time to focus on the different relationship problems. Obsessiveness leads only to circular thinking and saps your energy. Find time that is free from your normal routine.

In our section on talking to the children, there is an approach that reinforces a no-fault explanation and advocates for a two- parent involvement approach. The more that you own this approach you will be supporting all parties through the crisis.

The children’s health has positive consequences on your mental health.

Accept that parenting is much harder in a separating family on almost every possible front. It is also doable!

Both parents need to make a list of significant others in each child’s life who should be updated on the family situation i.e. teachers, coaches, caregivers, etc. They can be a valuable resource. Again, a no-fault approach should be employed. Do not enlist people in personal day-to-day updates re: perceived failings of the child’s other parent.

Accept that you can’t make everything perfect for your children. You weren’t able to do so in the intact family – don’t add unnecessary emotional baggage. Don’t turn the children into your comfort blanket. It is too easy to do and it is likely to turn them off the other parent OR lead them to escape your smothering.

Your relationship with your children changes in many ways.

List how it has changed already!

 If you try to insist that there is to be no change, it is likely that you are insisting on pushing the other parent away.

The new relationship with the other parent begins with how you separate and the approach on explaining the separation to the children.

Our emotional state can have long-lasting consequences. You must ignore the hurtful, emotional response and remain focused on positive outcomes for the children and thus yourself.

Parenting Plans: An Introduction

On By BarryIn Before Separation, During Separation, Parents

Our position is all about maintaining/rebuilding enduring, integral parenting relationships through the disruption and chaos that often accompanies a family breakdown.

There are many relationships that contribute to a child’s positive development over the years, and into adulthood.

Parenting Plans (PP) may create a pathway that sustains the different relationships over time and build strong bonds that can withstand the stresses and strains that life inevitably throws at every separated family as they transition into two homes.

Our resources support creating parenting arrangements that accomplish the above mission.

Each family has their unique history and as such require their own common and unique pathway to achieving their parenting mission.

Kids ‘n’ Dad’s believes that for every family there is a pathway to creating a parenting plan where each child and each parent can maintain/build  parenting relationships that they own.

Every PP should be created where each parent feels confident in building an enduring, thriving relationship with each child. While they must accept that it will be different in two homes, it can be successful.

No parent should accept a plan that is likely to be in the long-term unsuccessful at what should be every parent’s mission.

A parenting plan provides an opportunity for parents to place their forever love for their child ahead of anger or disappointment at the failure of their intimate relationship.

For parents with the parenting will and commitment, there are NO external forces to prevent their success, provided they keep their eyes on the purpose; namely, integral parenting relationships for each parent-child-extended family.

Templates and Resources

Parenting Plan Options – Broad Choices (two week-14 day cycle)

  1. 50/50 Parenting Time- requires high level of cooperation; flexibility that deals with occasional changes; full-participation by both parents, grandparents and stepparents in everything child. Access/care time may be unique to the parents and works for the child i.e. week on/week off; 2/5 and 5/2 2-week schedule, or your unique schedule.
  2. 40/40 Shared Parenting Presumption: The remaining time is negotiated between the parents;  it is viewed as fully shared parenting, including decision-making re: the children.
  3.  Joint Custody: Usually a 9/5-day parenting schedule or 10/4. Shared holiday schedule; full participation in everything child- more or less. This is less than the many of our resources recommend.
  4. Joint Custody- more bare bones. 10/4 or less.  parenting schedule. Holidays week-ends may not be fully shared.
  5. Sole Custody: Decision-making re: the child rests with one parent on major issues. The parenting access may be similar to #2 or #3. Updates re: major decisions should be written into the agreement re: school, medical, etc.
  6. Parallel Parenting: detailed on virtually every aspect of parenting. This is for high conflict parents but allows for shared or joint access. The parenting rules are set out in detail. Decision-making (issues not thought of) probably requires an accepted process of outside professionals.
  7. Generous access parenting: PP that provides the home, based parent control over defining ‘generous’ (usually a mother). May work forworkaholic parent; allows for flexible work schedule.