Understanding Child Support in Edmonton Family Law Matters
Hi there! I am Janan Jarrah, and I am Peter Poon, we are lawyers at eLaw Alliance Edmonton., and today we wanted to talk to you about common questions we get as family lawyers, about family law parenting and custody. Today, we will discuss child support. We’ll answer general questions about Family Law Info in Edmonton, but this is not legal advice. For legal advice, please contact us directly. Let’s dive into some common questions about child support.
The Divorce Act and The Family Law Act
In Alberta, there are two primary pieces of legislation that decide matters related to family law: the Divorce Act and the Family Law Act. These two acts primarily decide issues surrounding family law and divorce.
Differences Between the Two Acts
The Divorce Act and the Family Law Act have a lot of overlap as they deal with similar issues, including child support, custody, and parenting. However, the Divorce Act is intended for people who are married, allowing them to seek remedies under this act. If you are not married, you would be covered under the Family Law Act. Additionally, even if you are married, you can still utilize provisions under the Family Law Act.
Custody and Parenting
Joint Custody vs. Sole Custody
When we talk about custody for Family Law Info in Edmonton, we are referring to decision-making authorities. If one parent has sole custody, they have sole decision-making authority. If parents have joint custody, decision-making authorities are shared between them. These decisions can include where the children go to school, where they live, who they associate with, and their cultural upbringing.
Custody vs. Parenting
Custody refers to decision-making authorities, whereas parenting denotes parenting time, the actual time spent with the children. If you are the day-to-day parent, you have more than 50% of the time with your kids as their primary caregiver. Another type of parenting time is reasonable and generous access.
Ex-Spouse Preventing Access to Children
If your ex is preventing you from seeing your kids without a good reason, you can take this issue to court to seek a remedy. Generally, it’s not appropriate to keep a parent from their children, and courts do not look favorably upon such actions, according to Family Law Info in Edmonton.
Child Support and Visitation Rights
You still have to pay child support even if you don’t see your kids. Child support and custody or parenting time are independent issues. Your obligation to pay child support continues regardless of your visitation rights.
Best Interests of the Child
Primary Principle in Family Law
The primary principle in family law or divorce law concerning children is their best interests. This principle guides judges’ decisions in cases involving children. For example, under the Divorce Act, there is a principle called maximum contact, which encourages courts to allow each parent as much time with the kids as possible, as long as it’s in the child’s best interest.
Mobility Applications
If one parent wishes to relocate with the children, they need the other parent’s consent or a court order, as Family Law Info in Edmonton. Judges decide on these mobility applications based on the best interests of the child and their substantial connection to their original home.
Decision-Making and Children’s Preferences
Normally, decisions are shared between parents, often under joint custody arrangements. However, some judges may dictate that one parent has all or some of the decision-making authorities, depending on the case.
Children Deciding Living Arrangements
Generally, for Family Law Info in Edmonton, the older the child, the more likely a judge will allow them to decide which parent they want to live with. For teenagers, judges often respect their wishes, provided there are no significant mental health issues. Younger children, such as five-year-olds, do not get to make such decisions.
Parenting Style Differences
During their parenting time, each parent gets to decide what they do with the child, and the other parent shouldn’t interfere. If legitimate concerns arise, such as abuse or neglect, these can be brought to court to potentially modify parenting time.
Legal Representation for Children
In some cases, children can have their own lawyer if the parents are highly positional and unable to agree on anything. Judges may order the parents to share the cost of the lawyer, but sometimes one parent may be ordered to bear the cost. Legal aid can also cover children’s counsel at a reduced rate.
Supervised Parenting Time
Supervised parenting time is usually ordered when there are concerning issues that justify monitoring the parent’s interactions with the child. Supervisors can be family members, friends, or hired outside agencies. The threshold for obtaining supervised parenting time is high, requiring substantial proof.
Communication Issues Between Parents
When communication between parents is difficult, it is often recommended to use written forms of communication, such as email or text messages. This allows each parent to think before responding and can be used as evidence in court if necessary. Applications like Family Wizard can also be used to facilitate communication.
Alternative Dispute Resolution
Litigation should be the last resort due to its expense and unpredictability. Courts expect parties to attempt alternative dispute resolution methods first. Examples include Judicial Dispute Resolution (JDR) and Early Intervention Case Conferences, where judges provide opinions on the case to help parties reach an agreement.
Conclusion
Thank you for your time. We hope you found this information on family law info in Edmonton from eLaw Alliance helpful. Stay tuned for more videos. If you want specific legal advice, please do not take this video as legal advice; we are speaking in general terms. For a free telephone consultation, feel free to contact us.
Family Law Info in Edmonton is crucial for understanding your rights and obligations. For more detailed guidance, please reach out to eLaw Alliance.