Divorce Lawyer Edmonton | What Is the Family Law Act
When people are divorcing or separating, and if there are children are involved says divorce lawyer Edmonton. People are going to be governed by a group of laws that are covered under what is called the family Law act.
This will have a list of all of the requirements, whether people are buried, common law. And especially if they have children involved in their union.
It is very important for parents to follow this act very carefully. Because especially when children are involved, the courts will ensure that whatever is in the best interest of the child is always upheld.
However, even though the family Law act is available for anyone to read for free online. People still have lots of questions when they have a consultation with their divorce lawyer Edmonton.
And here are some of the most common questions they want to know the answer to. Whether they are separating, divorcing, or they are common-law and splitting up. And there are children involved in the union.
What is the difference between joint custody and sole custody? Many people often think that this refers to which parent has access to the child. This is actually not the case, it has nothing to do with visitation or parenting.
Custody specifically when it comes to family law. Refers to decision-making authorities. Therefore, if the court’s award sole custody to one parent. They are not saying that the other parent cannot see the child.
All they are saying, is that one parent will get to make the decisions on a variety of topics. Such as where the kids will go to school, where they will live.
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And even things like who they will associate with, and what is their cultural upbringing going to be. However, when a parent has the child, that is called parenting time.
And unless a parent has supervised visitation. They can make the decisions about what happens to their child during this parenting time. Which means, they can make parenting decisions.
And parenting decisions can be about extracurricular activities while they have parenting time with the child. Bedtime, food they feed the child. And what they can do together during parenting time.
And while some parents do not get along, because there parenting styles are very different. The courts typically will uphold each parent being able to make parenting decisions. When they have their child for visitation.
And unless one parent can provide substantiated evidence. That the other parent is being abusive, or neglectful. The judge will not care if the parenting styles are very different.
Many people also want to know. What the court looks for when considering parenting time? Ultimately, divorce lawyer Edmonton says the courts want to see what is in the best interest of the child.
And they typically refer to maximum contact for the child. Which means what is in the best interest for the child, is to have as much contact with both parents as much as possible.
And while it can be very difficult for many people to cooperate with their ex-spouse. It is very important that they learn how to cooperate so that they can act in the best interest of their child at all times.
Divorce Lawyer Edmonton | Learning the Family Law Act
When it comes to the family Law act, divorce lawyer Edmonton says. People who are divorcing, or separating and there are children involved. Or even if they are living common-law will be governed by these laws.
And while the act can be quite complex, the reason why it is long. Is because the courts take very seriously the rights of the child. And so most of the law refers to how parents need to act when there are children in the union.
Often, one of the first questions that parents want to know the answer to. Is when they are separating, who gets to make decisions for the children?
According to the courts, they want to see shared decisions as much as possible. And this can happen when people get joint custody. Because that means both parents get to share in the decision-making abilities.
However, this is not always the case. Judges have the authority to dictate who has the decision-making ability. And may sometimes award that ability to one parent and not the other.
And while they always do their best to do what is in the best interest of the child. Many parents want to know at what age their children can decide who they want to live with?
It often depends on the age of the children. And the older the child gets, the more a judge will listen to what they have to say. Therefore, a five-year-old does not get to make this decision. But a 15 or 16 year old could make that decision.
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Although, if parents are not able to come to a decision. And the matter goes before the court. In certain circumstances, divorce lawyer Edmonton says children will get their own lawyer as well.
Typically, this happens when there is a lot of fighting between the two parties. And then the judge will request that the child gets their own independent legal counsel.
And both parties will be required to share the costs. However, if the parents cannot afford this. They can always access legal aid, in order to get their child the independent counsel that they need.
And in this case, the child will be able to talk directly to their lawyer. About what they want, and have their own opinions, taken into consideration in decision-making processes.
Even if parents do not like how the other parent makes parenting decisions. That is not going to be something significant enough to take before the courts.
Therefore, one parent might have a 7 o’clock bedtime, and the other does not have a bedtime at all. The food they eat, activities they participate in. Are completely the sole responsibility of each parent that has them at the time.
It can be a lot of information for people to understand the family Law act in Alberta. And if any parent has any questions, he can contact divorce lawyer Edmonton for a consultation. In order to answer their questions.