Divorce Lawyer Edmonton | Common Questions About Family Law
Often, when parents are divorcing, they have never had to make a lot of these decisions before says divorce lawyer Edmonton. Which is why it is very important that they understand what the divorce act, and family Law act is in Alberta.
These are the two acts that are going to govern separation, divorce, and family law as it relates to the children have the relationship. And while the divorce act is designed specifically for people who are married.
They can use either the divorce act or the family Law act. But the family Law act does cover people who are common-law. Whether they are separating, and there are children from that union.
However, even though there are the divorce act and the family Law act that people can look at online for free. They still have lots of questions for divorce lawyer Edmonton.
When they have a free consultation or meet for the first time. Here are the most common questions that people have, when they are talking to a lawyer about their divorce, or separation.
Can separated parents take a child out of the province? Whether it is for travel, or to relocate the child. This is possible, but consent is required regardless of the situation.
If a parent is travelling without the other parent present. They are going to need to get along written letter of consent. Specifying that the parent is allowing the child to travel.
If a parent wants to relocate their children, such as they are moving to another province. In order to accept a job. Consent also must be given by the other parent.
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And if the parents cannot come to a decision that is in agreement together. The parent who wishes to move, can take the matter to court. In order to have a judge make this decision on their behalf.
And while judges will decide these mobility applications. On what is in the best interest of the child. They also will take into consideration the connection that the child has to the parent that is going to remain behind when they moved.
Ultimately, many parents often do not like letting the courts decide what is in the best interest of their family. However, when they cannot come to a decision. A stranger that does not know them, will be making the ultimate decision.
And while this is when an example of a really big decision says divorce lawyer Edmonton. Parents often wonder which parent makes the day-to-day decisions when they separate or divorce?
Typically, decisions are going to be shared. And this is what it is called when a judge issues joint custody. While many people think custody refers to time spent with the child.
Custody actually refers to decision-making ability. So that a parent that has sole custody, will be responsible for all of the decision-making when it comes to that child.
If people have any other questions about separation, divorce and how that relates to their children. They should contact divorce lawyer Edmonton for a free consultation.
Divorce Lawyer Edmonton | Common Questions Regarding Family Law
Parents typically do not want to ever have to go through family law in Alberta says divorce lawyer Edmonton. In this happens, when the unfortunate circumstance of the marital breakdown happens.
And while most parents will be successful in working together to give the child what is in their best interest. Any parents still have a lot of questions about this specifics of the law.
For example, many parents want to know at what age a child can make a decision. About which parent they want to live with. Because while a child will remain a minor until they reach eighteen years of age in Alberta.
They often will be allowed to decide before that time comes. If they have any very strong ideas of what they want, including which parent they want to live with.
However, that age is usually around fifteen or sixteen years of age. So even if a parent says their child is five or six. And continues to say they do not want to see one of their parents.
A parent cannot withhold visitation based on that information. Because the child is far too young to make that decision themselves. And even if they say they do not want to go to their other parent.
Unless the parent can provide substantiated proof as to abuse, or neglect that is going on. They must allow the other parent to have the access they were granted to their child by the courts.
However, it would be in the best interest of the child. In this situation, for the parents to talk to each other. In order to find out why the child feels this way. And to come to a resolution together.
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Something else that many parents often wonder. Is that they have to let their child go to their ex-spouse. If they are failing to pay child support?
This is something common that the courts see. That one parent it is denying visitation of the child. Because the other parent is not paying child support.
Divorce lawyer Edmonton says that they courts actually will separate these two issues. Therefore, parent must always pay child support. And there are very few reasons why they would be allowed to not pay.
And the other parent must let their ex-spouse see the child. As per the agreement that they have come to according to the family Law act, or divorce Law act.
And if a parent is either not paying child support. Or parent is not letting the child go to their other parent. And they cannot come to a resolution about this. One parent can take this matter to court.
However, before a judge will hear the case. They need to provide proof that they had been trying to resolve this issue themselves. And were unable.
Which is why it is very helpful for people to have written communication at all times. Because this is such a complex matter. And when children are involved, the laws are very specific.
If parents who are divorcing or separating have any questions. They can always contact divorce lawyer Edmonton for consultation, in order to get all of their specific questions answered.