Divorce Lawyer Edmonton | Parenting Decisions After Separation
When a marriage or common-law relationship breaks down, divorce lawyer Edmonton says. Communication is very difficult. However, it is important that couples do their best. To try when there are children involved.
Because they will be expected to make decisions. Together in the best interest of their child. Particularly if they have joint custody. And if they share parenting time with each other.
While this can be very difficult. It is also be very difficult to get before a judge. Even if they do, they are taking a very big risk. By asking a complete stranger to make some of the most important parenting decisions for them.
Therefore, there are many things that parents need to understand. When it comes to family law and how it relates to their separation or divorce and their children.
One of the first questions that they have often is. Can they stop paying child support, if their ex-spouse stops letting them see their children? Unfortunately, this is a very common question.
However, the answer is very simple as the courts see end. They view child support, and visitation as to extremely different scenarios. On one hand, paying child support is mandatory.
And parents are typically never able to get out of paying child support. And even if parents want to come to an alternative arrangement, this is not something that is supported by the courts.
And visitation is also taken very seriously. With the courts trying to ensure both parents have what is cold maximum contact. Which, divorce lawyer Edmonton says refers to encouraging both parents.
To have as much contact as possible with their child. Therefore, if a parent is withholding child support, and they cannot come to a resolution together. This is a scenario where one parent can take the other two courts.
And if one parent is withholding visitation from the other parent. And they are unable to communicate, and come to a resolution. This can also be seen by a judge in order for a decision to be made.
And while only a small percentage of cases actually have this go to court. Many people do argue quite a bit about visitation, and who gets children the majority of the time says Divorce lawyer Edmonton.
And while many people think that this is what custody is. Custody actually refers to the ability to make decisions for the child. Such as where they go to school, and where they live for example.
While parenting time is what is referred to in the family Law act and divorce act. That talks about the time a parent spends with their child. It is important that parents understand that these are two separate things.
And even though a parent might have sole custody. That does not mean that they can tell the other parent what they can and cannot do with the child when they have their own parenting time.
Therefore, parents can decide what is in the best interest of their child as far as food they eat, the activities they pursue. And even their bedtime, when they are with their parent.
Divorce Lawyer Edmonton | Making Parenting Decisions After Separation
When people are divorcing, or even separating says divorce lawyer Edmonton. And there are children involved, a must set aside their differences in order to coparent.
The court system is designed to try and get parents to cooperate as much as possible. And needs proof that they have been trying to cooperate and were unable. For something will be allowed to be seen before a judge.
There are many tools that parents can use, that can help them communicate. So that they can cooperate, and make parenting decisions together.
Because as much as one parent might think they want to take the matter to court. That essentially means that a judge, and a stranger to their family end up making parental decisions for them.
One of the first things that divorce lawyer Edmonton recommends parents do. When they start having communication issues. Is start communicating in writing. Either through texts or emails.
That way, communication can be a little bit more clear, and a lot of emotion can be taken out of the situation. That might have been making communication much more difficult.
Also, if things are in writing, divorce lawyer Edmonton says parents can prove to the court system, that they had been trying to communicate. Or that the other parent is being uncooperative.
However, even when this is the case, if communication does not work. That does not mean the court system will allow parents to bring their case to court.
They will also try mediation first. And whether that is court demanded mediation, or if parents hire a separate lawyer to mediate on their behalf.
In order to navigate some of the challenges that they are having together. But if mediation is also unsuccessful, that does not mean that the matter will goal for the courts as well.
The next step, will be for parents to go to a JD are, which stands for a judicial dispute resolution. And is an informal meeting in front of the judge, in order to hear about how the court case will likely go.
They can talk to the judge boat their circumstances, and hear about the judge’s opinion on the case. And is often a very good tool for parents to use in order to avoid going to court.
They will hear the judge’s opinion, and how they are typically going to rule. Which is in the best interest of the child, based on the child’s connection with the parents. As well as maximum contact.
However, often when a relationship or marriage breaks down. This is because parents can no longer cooperate or communicate. Which is why cases will go before a judge.
And although this is not the best case scenario. Sometimes, the only way that parents can get a decision on certain aspects of parenting. But before it goes this far.
People should sit down with their divorce lawyer Edmonton in order to find out how they can avoid this scenario.