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w w w . C A N A D I A N L a w y e r m a g . c o m J U L Y 2 0 1 6 41 the absent parent focusing on what appears to be obstructive behaviour by the custodial parent. Often, parents are most of the problem, not the technology, she says. "I think parents are asking too much of the kids." For instance, custodial parents may feel a Skype or FaceTime con- versation is an imposition on the custodial parent's time. But, says Bayer, "It's not [the parent's] time. It's their time and it's the child's relationship with the other parent." A March 2016 decision from the British Columbia Supreme Court grapples with the issue, including the need to limit length, frequency, and hovering by custodial parents during such calls. In the context of a highly contentious divorce, Justice Neill Brown, in A.T. v. M.T., included a lengthy order setting out pre- cisely when and for how long the parents of a young child would be permitted to have conversations with her using Skype and FaceTime. Although Brown noted he would defer to the parents' wishes and include such access, the decision clearly seeks to limit excessive use of the technology. "I have reservations regarding FaceTime or Skype, particularly when a parent sees a child daily, or fairly regularly," the decision says. "Telephone calls are simpler and lend themselves easily to keeping privacy. Further, the evi- dence as a whole leaves the impression of over-parenting." Social media may be an integral part of family law, for better or worse, but as Bala notes, it cannot be used to create what is not already there. "Certainly, well used, technology can enhance parent/child relations," he says. But, he adds, while these technologies can be good at supporting a pre-existing connection, "It is not a good platform for creating a relation- ship." Also key to consider, he says, is that social media provi- sions in court orders or parenting plans, like other provisions in these plans, should remain flexible and not be treated as a "once and for all thing." Notes Bala: "With children, we know that things are going to change." As children move through school, changing interests and activities, parents need ways to change the elements of these plans and that is likely to include social media. In general, Bala adds, changes will proceed more smoothly if family lawyers can help parents "shift from embit- tered former spouses to constructive co-parents." Like Roll, Bayer suggests that many families struggling to use social media this way would benefit from a parenting coach, who can make suggestions about reducing conflict. She also recommends other types of online communication, such as web sites that use a third-party platform to host and some- times record online communications. These include sites such as ourfamilywizard.com, which allows children to participate in the process. Finally, some families may simply prefer to reduce or avoid social media use as a primary method of child/parental inter- action, notes Bayer. "The cautionary tale is, what is the cost- benefit analysis?" If the inclusion of a social media provision will be contrary to a child's best interests because it cannot be effectively managed by hostile parents, it may not be the best choice. "But if the provision [for social media] is in there, parents ought to comply." New Edition Consolidated Alberta Family Law Statutes 2016 Consulting Editor: Laurie Allen, B.A., LL.B. Consolidated Alberta Family Law Statutes 2016 contains the text of Alberta and Federal legislation and rules that form the basis of family law in the province, along with an extensive list of practice directions and notices. New in this edition • Provisional orders and confirmation hearings: Alta. Reg. 128/2015 amending the Alberta Divorce Rules to require the court clerk to forward material related to provisional orders and confirmation hearings to the Minister of Justice and Solicitor General of Alberta • Two updated Court of Queen's Bench Family Law Practice Notes: — Parenting After Separation — Family Law Chambers Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # 987074-65203 $129 Softcover approx. 900 pages June 2016 Annual volumes supplied on standing order subscription Multiple copy discounts available 978-0-7798-7074-5 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes © 2016 Thomson Reuters Canada Limited 00237QF-A70018-RM Essential Tools for Family Law Professionals For more information, visit www.divorcemate.com 1.800.653.0925 x407 | sales@divorcemate.com NOW AVAILABLE! ADD FREEDOM & FLEXIBILITY TO YOUR PRACTICE DM Tools Cloud Work anywhere, anytime, on any device. For child and spousal support calculations. Available for PC, Mac, tablets and smartphones. Untitled-5 1 2015-02-09 10:22 AM

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