theDivorce Lawyer Edmonton | It’s Great If The Parents Can Agree
The first piece of legislation. Is going to be called the divorce act. The second piece of legislation is the family Law act. Those are the only two laws. That are going to be.
Important to you if you have decided. That you are going to dissolve. Your otherwise legally binding marriage or. Whether you are going to say goodbye. To your common-law relationship.
There is a lot of the same considerations. Between both of the acts. And it does certainly talk a lot. About child support, as well as. A custody considerations, and then.
Who and what constitutes parenting. As well as parenting privileges and rights. The divorce act is going to be set aside. For people that are legally married. This means that they.
Have signed their names on a. Legal marriage certificate or the like. Then, on the other hand, the family law act are for people. That are still in or were in a committed.
Relationship, but it was not. Recognized by a priest or justice of the peace. And thereby does not have a marriage certificate. This can be people that have been living common-law.
Or simply just to people. Who are sharing a child together. However, if indeed you were legally married then you may be able to access. Both of the family Law act and the divorce act.
In order to understand and be clear. On what you might have to go through. And what you are going to hear. With a lot of legal proceedings. Says divorce lawyer Edmonton.
It is crucial that you understand. What certain terms are meant to be. In the legal sense to a judge and a lawyer. First of all, joint custody means that. You are going to share your children.
In terms of their time, and where. They are going to be living. And resting their heads for sleep. With your ex relationship. The opposite to that would be sole custody.
And sole custody means that one. Out of two of the people that have dissolved the relationship. Are to make all of the decisions. For the child. And might even have the children.
Always living with them as well. If the other parent doesn’t want to spend time. They must go through the parent that holds sole custody. Before they can spend time.
Ideally, the decision-making is always done by the person. Who holds sole custody with the children. They can make decisions such as. Where they are going to have an education.
Where they are going to live. Their friends and family, says divorce lawyer Edmonton other confusing considerations and terms. Our the difference between custody and parenting.
Essentially, custody means that a parent. Is going to be able to. Make all of the decisions. And have the complete authority over. The children and the other parent.
Does not have any consideration. Over the responsibility for choices and decisions. On the other hand, parenting, in the legal system. Simply means time spent with the children.
Divorce Lawyer Edmonton | It’s Great When Parents Agree With Each Other
Divorce lawyer Edmonton asks if you. Have ever heard of “reasonable and generous access”? This is a very different term. That means essentially parenting time.
Between the apparent having sole or joint custody. And there children be it Foster, adopted, or biological. What this necessarily means is there can be. A possible outcome.
That would be great if it. Is going to stay away. From the courtrooms so that all. Involved are going to be able. To come to a resolution. Albeit may be not always amicable.
To do what is going to work best. For the children for their education. And however they associate with. As well as for a where they. Are going to have the best opportunities.
Consider the fact that if one parent wants. To move out of the province, they are. And make sure to communicate with the other parent. So they can get consent.
If they do not yet have consent. Then it is indeed going to have to go to. Court proceedings, where a judge will decide. If a move is going to be in the best interest.
Firstly, for the child and the child’s environment. And secondly if the child is legally bound to stay. Where they are at that time. It is going to be a very difficult consideration.
If two parents cannot indeed come. To any sort of agreement. Because, nobody is really going to know. What decision the judge is going to make. However, who ishe is going to side with.
However, with a lot of uncertainty. Comes a couple of provisions, says divorce lawyer Edmonton. That people can therefore access according to. The Canadian judicial system.
For more clarity about your case. And whether or not you have a very good likelihood. That you are going to win custody or not. Or whether or not you can move.
Away with your child or not. Can be much clearer if you are. To undergo what is considered a judicial dispute resolution. Also known as a JDR, this is an informal meeting.
With a judge that, though they. Are not going to be the presiding judge over your specific case. They can render a professional and educated opinion on what.
They think the presiding judge is going to say. And what they are going to direct. You to do in terms of whether or not. You get sole custody and a chance. To move with your child.
Ideally, divorce lawyer Edmonton recognizes. That the judge is only going to make a decision. Based on what is in the best interest of the child. Although, this certainly made.
We heavy on everybody involved. It is only because of the fact. That the two separating parents. Are not able to come to any specific agreement. On how the child should be.
Brought up and how the time. With the child should be spent. Bear in mind that if litigation. Is the last recourse for you. Then it is expensive, and brings with it uncertainty.