Divorce Lawyer Edmonton | Family Law in Alberta
When it comes to family law, divorce lawyer Edmonton says there is the divorce act and the family Law act. That will govern how both parties are going to conduct themselves.
And while there is a lot of overlap between these two acts. The divorce act is specifically intended for people who are married. While the family Law act is more general.
And can provide guidance to people who are common-law, and who have children as well. And while the divorce act is specifically for people who are married. Married people can also use the family Law act if they wish.
When it comes to children, there are many things that parents are confused about. And they often ask their divorce lawyer Edmonton any questions in order to understand.
One of the first questions that they want to know the difference between. Is what is joint custody, versus sole custody? Ultimately, custody refers to the ability to make decisions.
Therefore, if one parent has sole custody. That does not mean the other parent does not get to see their child. That simply means that they are the only parent that is making decisions on behalf of the child.
When it comes to joint custody, that means both parents make decisions on a variety of topics. Including where the children will go to school, where they will live.
And even who they will associate with, and their cultural upbringing. And while the courts typically want to see that parents can make decisions together.
There are things that parents can do when they cannot get along with the decision that they need to make. However, going to court is often seen as the last resort.
And before a judge will even hear a case. They will need to see that parents have exhausted all their attempts. And trying to make decisions together. In order to allow the case to come to court.
Another term that many parents have questions about. Is understanding the difference between custody and parenting. Again, while custody refers to the decision making ability.
Parenting on the other hand, refers to the time spent physically with the child. Therefore, the parent that has day-to-day contact with their child. Will have more parenting time.
Over and above the parent that might have their children every weekend. Therefore, a parent may have sole custody, but joint parenting time. An understanding the difference between the two is important.
Another question that parents often have for divorce lawyer Edmonton. Is if they do not wish to see their children, can they stop paying child support?
Very important for parents to understand that the courts will see visitation of the children, and child support as two very separate things. And not seeing the child, does not excuse the parent from paying child support.
And if parents have any other questions, they can contact divorce lawyer Edmonton for a consultation, in order to get their specific questions answered. So that they know what to do if they are faced with difficult decisions.
Divorce Lawyer Edmonton | Parents Need To Understand Family Law in Alberta
Well no parent gets into a relationship, inking that they are going to need to require a divorce lawyer Edmonton. However, many couples break up, and they need to know what laws govern this.
There is the divorce act, and the family Law act. And while the divorce act is specifically for people who are married. They may or may not have children, and can still get information on how to govern themselves.
While the family Law act is specifically for people who are not married, and who may or may not have children. In order to find out what those laws say they must do says divorce lawyer Edmonton.
And when children are involved, the court system takes it very seriously. What is required from both parents. And while many parents understand that they must pay child support.
Some parents withhold visitation, as a means of trying to encourage their ex-spouse to pay child support. And this is not something that is supported by the courts in Alberta.
Even if parent does not pay child support. They are legally allowed access to their child. And a parent is not allowed to withhold visitation of the child. If the other parent is not paying child support.
If a parent is withholding visitation. Or if they are withholding child support. This is a time when it is completely appropriate to take the matter to court.
As long as they have exhausted all of their other attempts at coming to an agreement together. However, the courts will need to know that there has been an attempt made at coming to an agreement.
Which is why it is very beneficial for both parents to communicate in writing. Especially if they are not getting along. Or if one of them finds that communication has been frustrating.
This way, they can prove to the court that they have been making attempts at communication. So that the judge will allow the matter to be tried in court. In order to get a decision for both parties.
However, because going to court is seen as the last option. Parents need to understand what might happen if they take the situation to court. Which is where a J D R comes in handy.
J D R stands for judicial dispute resolution. And it is an informal meeting where parents can go before a judge. And give them all of the evidence in their case.
In order to get an opinion from that judge, on what they are most likely going to decide. And can be a good tool for parents to understand what a likely outcome will be.
And once they see this, they often decide that it truly is in there, and their child’s best interest. To come to joint decision together. Instead of letting a judge make that decision about their family.
If parents have any other questions about family law, and how it relates to their separation, divorce. Or governing custody, and parenting of their children.
They should contact divorce lawyer Edmonton for a free consultation. So that they can get the information they need. To help them make the best decision for them and their child.