Divorce Lawyer Edmonton | Parenting After a Separation
Anytime there is a breakdown of a relationship says divorce lawyer Edmonton. And there are children involved. People need to understand the laws that govern this situation.
And whether people are legally married, and they are simply separating. Or if they are legally married and they are actually divorcing. Or even if people are common law, and are ending their relationship.
The family Law act of Alberta, as well as the divorce act of Alberta. Are going to govern the laws that specify how people must act in this scenario.
One of the first things that they need to understand. Is that they will have to figure out who has parental time with the children. So that they can figure out custody, and child support.
In fact, the courts view child support as a right of the child. And therefore, they take it very seriously that both parents, who brought life into this world. Remain financially responsible to that life.
That is why the parent that has visitation more often than the other. Does not have to pay child support. Because they are bearing a larger financial burden by caring for the child more often.
That is also why when the parents who have more visitation with their child makes more money than the other parent. This still does not allow the parent to stop paying child support, because the other parent does not need it.
It is very important to understand this. So that parents will not fall into the trap of withholding visitation or withholding child support. In order to get the other parent to make decisions that they want.
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In fact, the ability to make decisions is contained in the custody agreement. And custody simply refers to who has the authority to make decisions about the child’s life says divorce lawyer Edmonton.
The decisions that it is referring to our large life decisions. Such as where they live, go to school, and their cultural or religious upbringing. Ideally, the courts like to see both parents sharing joint custody.
However, even when parents have joint custody. That has little to do with the visitation time that they have. And even when one parent has sole custody. That does not mean that the other parent does not get visitation or access.
However, if one parent does have so custody. They might make the decision on where the child will live, which may be with one parent more than the other.
However, parents can arrived the conclusion of what is best for the children through negotiation with the help of their divorce lawyer Edmonton.
And it is very important that if parents suspect they are not going to get along well with. Or communicate well with the other parent. They can start by using communication in writing.
Whether that is through text messages, emails or another app on their smart phone. This can help them medicate more efficiently and effectively. Because at least they do not have to talk directly to each other.
By taking the emotion out of the situation. As well as requiring both parties to think a little bit more about what they are saying. And help them communicate more cooperatively. To the benefit of their children.
Divorce Lawyer Edmonton | Parenting Children After A Separation
When parents are separating, this typically is the trial. Before the divorce says divorce lawyer Edmonton. And when there are children involved, both parents will have a certain amount of rights as well as obligations.
If they want to know what these rights and obligations are, they can read about them in the family Law act, or the divorce act. Both of which are available online for anyone who is interested in reading them.
This will help parents understand things such as visitation, custody and child support. However, once parents have these things figured out. They may have other problems, or questions they need answers to.
A great example of this is a parent who wants to take their child out of the province either for a holiday. Or because they want to move to a new city, or province.
Even if the parent has sole custody. Moving the child that far away will require consent from both parents. For a holiday, just getting it in writing that they are allowing their ex-spouse to take the child is enough.
However, if one of the parents is going to move to another province. They need consent in order to move, otherwise they are not able to take their children with them.
And while it may be very difficult to come to an agreement. This is one scenario that can go before a judge, if parents cannot agree.
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However, parents need to be warned that judges will decide on these mobility applications. Based on what they feel is in the best interest of the child.
Also taking into consideration the connection that the child has with the parent that is going to stay behind. Parents both need to understand that the decision may not go in their favour.
Therefore, it is often more beneficial to come to an agreement together. So that they do not have their future be decided by a stranger to the family.
However, if parents truly cannot come to an agreement. Even if they go to mediation says divorce lawyer Edmonton. They can attend what is called a JDR, which stands for a judicial dispute resolution.
What that is, is an informal meeting where a person gets to describe the case to a judge. To get their feedback on how the court case is likely to go. And some general insight on how the judges going to make their decision.
And in Alberta, there is a new type of meeting called an early intervention case conference. Where both parties can talk to a judge during an informal meeting. As well as give evidence.
In order to hear what the judge has to say, and how they are going to make their decision. In this often is a powerful enough tool, to encourage parents to get back to cooperating, to come to a decision.
It can be very difficult to parent after a separation. Particularly because both parents will likely have their feelings hurt. However, divorce lawyer Edmonton says following the laws outlined in the divorce act can help both parties act responsibly, and calmly.