Co-parenting on Halloween:  How not to make candy night into a nightmare

Co-parenting on Halloween: How not to make candy night into a nightmare

Co-parenting on Halloween can be tricky – or it can be a treat. It depends on you!

Halloween has a way of sneaking up on even the most organized separated parents. Judges don’t usually mention it in custody orders, probably because it doesn’t come with a day off work. But let’s get real: for kids, Halloween is the Super Bowl of childhood (well, or at least the World Series). They plan plays, scout candy routes, and train their sweet tooth all month. The last thing they need is for their parents to turn their night of magic into a showdown. Give them the gift of laughter, not drama.

So, how do you keep the co-parenting on Halloween about the kids and not about your latest argument? Here are a few tricks (and treats) to keep things fun and focused on your children:

First, put Halloween in your parenting plan.

Yes, actually write it down. Decide ahead of time who gets trick-or-treating this year, or who goes to the school parade. Don’t wait until October 30th to start the debate. Clear plans mean fewer last-minute meltdowns—for everyone.

Consider doing Halloween together.

If you and your ex can handle being in the same place without the drama, great. Kids light up when both parents show up and keep things friendly. You do not have to match costumes or fake a friendship. Just keep it polite and easy. But if you know the night will turn into a horror show, skip it. Give everyone a break and keep the peace.

Let your kids have their night.

Don’t make Halloween memorable for all the wrong reasons. This isn’t the time to air your grievances or compete for Best Parent. Focus on their fun, not your own feelings.

Control the grandparents and extended family.

Sometimes, the real monsters on the scene can be the extended family.  Perhaps they don’t quite understand what this co-parenting scene is all about, and they are tempted to engage in conflict.  Stop them!  Don’t let them badmouth the other parent or start a fight. Tell them to behave themselves and follow the getting-along program before the evening even starts.

Costume drama should be left to the theater, not your living room.

Don’t turn your child’s costume choice into a tug-of-war. Talk it out ahead of time and let your kid pick what makes them happy. Remember, the goal is giggles, not power plays.

Share the Halloween joy when you can.

If it’s your night, maybe swing by the other parent’s place so the kids can show off their costumes. It’s a small gesture, but it tells your kids both parents are in their corner. If it’s not your night, don’t crash the party. Respect the boundaries and find another time to celebrate.

Co-parenting on Halloween can be sweet, like candy, or a nightmare, like a scary movie.

It all depends on whether the adults can keep it together. Give your kids a night that’s about them, not about your old arguments. Show them how grownups are supposed to behave. Halloween should be about candy and giggles, not conflict. Years from now, your kids won’t remember who bought the best costume or who had the last word.  But they will remember feeling safe and loved. That’s the real treat.

Keep the peace long after the candy’s gone.

Schedule a conversation to build a plan that keeps things sweet for your kids all year.

New Year After Divorce: Your Personal Resolutions

New Year After Divorce: Your Personal Resolutions

Alas! A New Year has come and gone again. For most of my current clients, 2023 was a rough year. It brought them the end of their marriages. Although the year may have been filled with conflict with a former spouse over money, kids, etc., you are ready to move on. Perhaps there were tears shed. Maybe dreams were shattered. Sound depressing? It can be. But 2023 is over, so there is an opportunity to build a new experience for the New Year post divorce.

Here are my suggestions for some words to consider when making your resolutions for the New Year post divorce. This is in no way a comprehensive list. It’s just some of my own thoughts. Perhaps you have your own resolution ideas that you would like to share. Here are mine:

Peace in the New Year After Divorce.

You got a divorce for a reason, right? I’m sure things weren’t all butterflies and rainbows. But now you are divorced. So take the opportunity to stop the fighting and discontinue the war with your ex. If there is a legitimate legal concern that needs addressing, use mediation or Collaborative Practice instead of adversarial litigation to resolve those differences. It’s a great opportunity to move on and find peace in the New Year post divorce. A meditation or mindfulness practice can go a long way towards achieving some peace.

Co-Parenting in the New Year After Divorce.

Before your divorce, parenting may have been easier. Post-divorce, you still have to interact with the person you divorced to raise your kids. Your kids need you to get along. There is a lot of evidence that continued parental conflict after the divorce is very harmful to children. Resolve now to be the best co-parent you can be in the New Year post divorce. Look for ways to be cooperative (even when the other parent doesn’t). If you haven’t always been a leader in the child rearing arena, now is the time to step up to the plate and make a helpful contribution. Be the grown up here and your kids will thank you.

Self-reliance in the New Year After Divorce.

Now that you are on your own, you don’t have the other person there to rely on. This is a great opportunity to stand on your own two feet with your head held high. Be your own person. Be strong. Be self-assured. Be independent.

If you are receiving alimony, look for ways to be self-supporting so that you don’t need support anymore. Meet with a vocational counselor to make new career goals. Enroll in school or get trained, or retrained, in a field that you can be passionate about.

Plan for your future financial well-being. So, meet with a financial advisor to make sure you are using your money wisely. Come up with a five year or ten-year plan. Then, check in with an estate planning attorney to make sure you have updated your will and estate plan, as you’ll want to make sure that anything you name in this document goes to the trustee of your choice.

Health in the New Year After Divorce.

Perhaps during 2023 you let the stress of the divorce affect your health. Maybe you didn’t eat well. Perhaps you stopped going to the gym. Or maybe you weren’t sleeping well. Perhaps you were depressed or angry causing your emotional well-being to suffer. Resolve now to restore your health in the New Year post divorce.

Take the time to eat well and exercise. Get good sleep. What’s more, get your annual physical from your doctor and make a plan for your physical health. Take care of your body and it will take care of you.

But don’t forget your emotional health either. Divorce can be such a toxic and painful experience. If you are struggling, meet with a therapist and work through the changes in your life resulting from your divorce. Before you date, make sure that you work though any lingering issues you may have so that you can be your best self before you involve another person in your life. I have noticed a clear correlation in my clients who sought post-divorce therapy and their level of happiness years later.

Forgiveness in the New Year After Divorce.

I know that “forgiveness” is a loaded word. It’s easier said then done. You may feel hurt or anger toward your former spouse. As mentioned before, you’ve lived through the whole process of finding a family lawyer, dealing with the stress of separation, and still taking care of the kids. You chose to divorce for a reason. And yes, consequently, you are divorced now. It’s time to let it go. The past is in the past.

Now keep in mind, I am not suggesting you allow more abuse if that is what happened before. Keep in place whatever safety measure you have to prevent others from hurting you again. I am just suggesting it is time to move on from there. Anger and hurt can be very damaging emotions. Do what you can this year to forgive so that you can leave those terrible feelings behind you. If you find you can’t do it alone (and most can’t) talk to someone. Turn to a spiritual advisor or a mentor to help you leave the past in the past.

Don’t forget to forgive yourself. Guilt has it’s place, but it can eat you up if you can’t get past it. Perhaps you have serious regrets about how your marriage ended. Rather than let the guilt consume you, find a way to learn from the experience, forgive everyone involved and move on.

You have read my list of New Year’s Resolution words for the newly divorced. What are some of your words? I would love to read them!

Related links:

10 Essential New Year’s Resolutions for Your Divorce

12 New Year’s Resolutions for Divorced Moms

Top 10 Difficult New Year’s Resolutions for Divorced Parents

N

More Reading:

Forgiveness During Divorce: A Key to Finding Peace

Divorce Custom: 7 Post-Split Rituals from Around the World

ew Year’s resolutions, new year post divorce, new year’s divorce, san diego divorce attorney

 

New Year After Divorce: Your Personal Resolutions

New Year After Divorce: Your Personal Resolutions

Alas! A New Year has come and gone again. For most of my current clients, 2023 was a rough year. It brought them the end of their marriages. Although the year may have been filled with conflict with a former spouse over money, kids, etc., you are ready to move on. Perhaps there were tears shed. Maybe dreams were shattered. Sound depressing? It can be. But 2023 is over, so there is an opportunity to build a new experience for the New Year post divorce.

Here are my suggestions for some words to consider when making your resolutions for the New Year post divorce. This is in no way a comprehensive list. It’s just some of my own thoughts. Perhaps you have your own resolution ideas that you would like to share. Here are mine:

Peace in the New Year After Divorce.

You got a divorce for a reason, right? I’m sure things weren’t all butterflies and rainbows. But now you are divorced. So take the opportunity to stop the fighting and discontinue the war with your ex. If there is a legitimate legal concern that needs addressing, use mediation or Collaborative Practice instead of adversarial litigation to resolve those differences. It’s a great opportunity to move on and find peace in the New Year post divorce. A meditation or mindfulness practice can go a long way towards achieving some peace.

Co-Parenting in the New Year After Divorce.

Before your divorce, parenting may have been easier. Post-divorce, you still have to interact with the person you divorced to raise your kids. Your kids need you to get along. There is a lot of evidence that continued parental conflict after the divorce is very harmful to children. Resolve now to be the best co-parent you can be in the New Year post divorce. Look for ways to be cooperative (even when the other parent doesn’t). If you haven’t always been a leader in the child rearing arena, now is the time to step up to the plate and make a helpful contribution. Be the grown up here and your kids will thank you.

Self-reliance in the New Year After Divorce.

Now that you are on your own, you don’t have the other person there to rely on. This is a great opportunity to stand on your own two feet with your head held high. Be your own person. Be strong. Be self-assured. Be independent.

If you are receiving alimony, look for ways to be self-supporting so that you don’t need support anymore. Meet with a vocational counselor to make new career goals. Enroll in school or get trained, or retrained, in a field that you can be passionate about.

Plan for your future financial well-being. So, meet with a financial advisor to make sure you are using your money wisely. Come up with a five year or ten-year plan. Then, check in with an estate planning attorney to make sure you have updated your will and estate plan, as you’ll want to make sure that anything you name in this document goes to the trustee of your choice.

Health in the New Year After Divorce.

Perhaps during 2023 you let the stress of the divorce affect your health. Maybe you didn’t eat well. Perhaps you stopped going to the gym. Or maybe you weren’t sleeping well. Perhaps you were depressed or angry causing your emotional well-being to suffer. Resolve now to restore your health in the New Year post divorce.

Take the time to eat well and exercise. Get good sleep. What’s more, get your annual physical from your doctor and make a plan for your physical health. Take care of your body and it will take care of you.

But don’t forget your emotional health either. Divorce can be such a toxic and painful experience. If you are struggling, meet with a therapist and work through the changes in your life resulting from your divorce. Before you date, make sure that you work though any lingering issues you may have so that you can be your best self before you involve another person in your life. I have noticed a clear correlation in my clients who sought post-divorce therapy and their level of happiness years later.

Forgiveness in the New Year After Divorce.

I know that “forgiveness” is a loaded word. It’s easier said then done. You may feel hurt or anger toward your former spouse. As mentioned before, you’ve lived through the whole process of finding a family lawyer, dealing with the stress of separation, and still taking care of the kids. You chose to divorce for a reason. And yes, consequently, you are divorced now. It’s time to let it go. The past is in the past.

Now keep in mind, I am not suggesting you allow more abuse if that is what happened before. Keep in place whatever safety measure you have to prevent others from hurting you again. I am just suggesting it is time to move on from there. Anger and hurt can be very damaging emotions. Do what you can this year to forgive so that you can leave those terrible feelings behind you. If you find you can’t do it alone (and most can’t) talk to someone. Turn to a spiritual advisor or a mentor to help you leave the past in the past.

Don’t forget to forgive yourself. Guilt has it’s place, but it can eat you up if you can’t get past it. Perhaps you have serious regrets about how your marriage ended. Rather than let the guilt consume you, find a way to learn from the experience, forgive everyone involved and move on.

You have read my list of New Year’s Resolution words for the newly divorced. What are some of your words? I would love to read them!

Related links:

10 Essential New Year’s Resolutions for Your Divorce

12 New Year’s Resolutions for Divorced Moms

Top 10 Difficult New Year’s Resolutions for Divorced Parents

N

More Reading:

Forgiveness During Divorce: A Key to Finding Peace

Divorce Custom: 7 Post-Split Rituals from Around the World

ew Year’s resolutions, new year post divorce, new year’s divorce, san diego divorce attorney

 

Five Tips to Have a Miserable Divorce

Looking for a miserable divorce? Here’s how!

Under the best of circumstances, a divorce can be an awful experience. Even if you have done all your research and know exactly how divorce works, it is still often a very toxic and harmful process. But there are some things you can do right now to make sure that you have a completely horrible, miserable divorce. Here are some tips:

"Cheap

1. Hire the cheapest attorney.

You get what you pay for and an attorney can be the difference in having a good divorce or a miserable divorce. So by all means, hire the cheapest attorney in the phone book if you want a miserable divorce. But if you’re looking for a good divorce, it might be worth finding a more experienced and reputable lawyer in your local area.

For California divorces, we recommend finding a specialist in family law who is certified by the California State Bar Board of Legal Speclialization.  Such attorneys have had to meet certain experience requirements and have passed an extra bar examination for family law specialization.  You will often see the person referred to as a Certified Family Law Specialist or with a designation such as “CFLS” or “CLS-F”.

2. Find a shark to represent you.

Make sure that you find the toughest and meanest attorney you can find. Make sure she is very expensive. Look for the largest ad in the phone book and find the picture of the attorney with the angriest face. This is indeed a sure way to increase the conflict in your divorce and make things completely awful.

A shark attorney will do a good job of running up the clock and the billable hours, but generally won’t care about you at all. The shark will unnecessarily increase the conflict so that he can increase his billable hours. In fact, what little relationship you have left with your soon to be ex will be out the window and you will have years of anger and hatred to look forward to. When the case is over, you will probably have to declare bankruptcy because the definition of victory for a shark is that you have $2, your spouse gets $1 and the lawyers get the rest. Best of all, you will spend your kids’ college funds and probably put your lawyer’s kids through school instead.

At Weber Dispute Resolution, our philosophy is to be a dolphin instead of a shark.

"Great
"therapy

3. Whatever you do, don’t get a therapist.

You don’t want a therapist to help you with the emotional turmoil you are experiencing now. Moreover, you want to be plagued by depression, anger, guilt, and anxiety.

A therapist can help with all of those things, so to truly have a miserable divorce, you want to avoid any mental health professional. By all means, try to deal with it yourself and let your emotions blossom into a full blown temporary psychosis.

Without being sarcastic here, it’s smart to seek counseling from a qualified mental health professional if you believe you are not ready to hear what the other person is saying or the problem is something other than what you see. In truth, it can be helpful getting a third person’s point of view so that you can understand how it might appear to others. It may also provide you with a fresh perspective on things.

4. Use your children as pawns.

One important key to having a miserable divorce is to destroy your kids in the process. Studies have shown that the conflict of divorce does more to harm kids than the divorce itself. So go out of your way to increase the conflict between you and your ex.

Without a doubt, make sure that the kids are in the middle of the conflict. Use them as messengers for adult business. Tell them about how horrible your ex is. Make sure that you fight for every minute with your kids that you can. Be sure to have a lot of shouting and swearing when you exchange the kids. That’s a sure way to make sure that your children grow up to have depression, relationship problems, obsessive-compulsive disorder, eating disorders and drug addictions. Best of all, your children will grow to resent you, which would truly make for a miserable divorce.

"children
"angry

5. Demand justice.

There is no such thing as justice in Family Court. That’s why to have a miserable divorce you should demand it! It’s a sure way to spend a lot of time, money and energy only to be disappointed. Don’t compromise unless it meets your perfect definition of justice and fairness. Because your spouse probably has a different opinion of what “fair” means, this technique is particularly effective at disappointing you.

Shawn Weber’s appearance on the Bryan Devore Connection

Shawn was recently a guest on the Bryan Divorce Connection, where he shared his Five Tips to Have a Miserable Divorce with Bryan’s viewers.  Check it out and let us know what you think.

To learn more about Bryan Devore and the Bryan Devorce Connection, click here.

See Also:

Forgiveness During Divorce: https://weberdisputeresolution.com/forgiveness-during-divorce/

How much does it cost to go to divorce mediation? https://weberdisputeresolution.com/divorce-mediation-cost/

These are my top five. Do you have any others? Comment below and share your tips for a miserable divorce.

New Case – Watch out if asking question in a deposition about a custody evaluation

New Appellate Case: Anke v. Yeager

There is a new appellate which came down from the Second Appellate District of the California Court of Appeal on February 4, 2019.  The case is Anka v. Yeager and can be found here https://law.justia.com/cases/california/court-of-appeal/2019/b281760.html.

You know it’s going to go badly for the attorney in the case when you read this in the opening paragraphs quoting the oath of admission required to practice law described in California Rules of Court, rule 9.7:

“These cautions are designed to remind counsel that when in the heat of a contentious trial, counsel’s zeal to protect and advance the interest of the client must be tempered by the professional and ethical constraints the legal profession demands. Unfortunately, that did not happen here.”  [Emphasis added.]

Yikes!

Sanctions for revealing the contents of a custody evaluation in deposition questions

In Anka v. Yeager, an attorney asked a question during a deposition as part of a child custody dispute about the contents of a custody evaluation.  The displeased trial court ordered $50,000 in sanctions against the attorney and party under Family Code sections 3025.5 and 3111.  The trial court found that the attorney’s asking questions about the custody evaluation in the presence of the court reporter and videographer at the deposition constituted an unjustified, malicious and reckless disclosure of the contents of the custody evaluation.

When the sanctioned attorney appealed.  She argued that the court reporter and videographer were “officers of the court” and were, therefore, exempt under 3025.5.  However, the appellate court held the court reporter and videographer were not employees of the court and were therefore not exempt.  The trial court did not abuse its discretion by imposing the sanctions on the attorney.  The attorney by asking deposition questions referencing the custody evaluation disclosed highly personal information about the child and family.  Moreover, disclosure in the form of questions in the presence of a court reporter was malicious and reckless.  The court affirmed the sanction of $50,000 against the attorney but reversed the sanction against the attorney’s client.

Be careful about asking questions in a deposition about a custody evaluation!

So, what is the lesson here? In a custody cases, do not ask questions about the custody evaluation in a deposition without court clearance.  If you screw this up, you may be paying a lot of money in sanctions and could even face discipline.

Big Change Coming in California Mediation Law in 2019 You Need to Know About

New Form Required by California Evidence Code § 1129