Parenting Issues in Edmonton Family Law Matters
Hello! I’m Janan Jarrah with eLaw Alliance, and this is Peter Foo with eLaw Alliance. Today, we want to talk about common questions we receive as family law lawyers regarding family law, parenting, and custody. We get many of these questions, so today, we will address a few of them.
Governing Laws for Family Matters
In Alberta, two primary pieces of legislation govern family law matters: the Divorce Act and the Family Law Act. These two acts are essential for understanding issues related to family law and divorce rates.
Differences Between the Divorce Act and the Family Law Act
While there is a lot of overlap between the Divorce Act and the Family Law Act, they serve slightly different purposes. Both deal with issues like child support, custody, and parenting. The Divorce Act is intended for people who are married, allowing them to seek remedies under it. If you are not married, you would be covered under the Family Law Act. Notably, 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, we are referring to decision-making authority. Sole custody means one parent has sole decision-making authority. Joint custody means these authorities are shared between parents. Decision-making covers various aspects, such as where the children go to school, where they live, who they associate with, and their cultural upbringing.
Custody vs. Parenting Time
Custody pertains to decision-making, whereas parenting time refers to the actual time spent with the children. If you are the day-to-day parent, you spend more than 50% of the time with your kids. Reasonable and generous access is another type of parenting time arrangement.
Common Questions
What if My Ex Won’t Let Me See My Kids?
If your ex is preventing you from seeing your kids without a good reason, you can take this issue to court. Generally, it is not appropriate to keep a parent from their children, and courts do not favor such actions.
Do I Have to Pay Child Support if I Don’t See My Kids?
Yes, you are still obligated to pay child support even if you do not see your kids. Child support and custody or parenting time are independent issues.
What Does the Court Consider When Deciding Parenting Time?
The primary principle in family law concerning children is their best interests. This principle guides judges’ decisions. The Divorce Act includes a principle called maximum contact, encouraging courts to allow each parent as much time with the kids as possible, provided it is in the child’s best interest.
Can My Ex Take Our Children Out of the Province?
If your ex wants to relocate with the children out of the province, they need your consent or a court order. Judges decide on these mobility applications based on the child’s best interests and their connection to their original home.
Who Gets to Make Decisions for Our Children?
Typically, decisions are shared, often under joint custody arrangements. However, in some cases, a judge may grant one parent all or some decision-making authorities.
At What Age Can a Child Decide Which Parent to Live With?
Generally, older children, such as teenagers, are more likely to have their preferences considered by a judge. Younger children, like those aged five, do not get to make this decision.
What if My Ex’s Parenting Style is Different from Mine?
The parent with the child during their parenting time gets to make decisions about their activities. If there are legitimate concerns, such as abuse or neglect, you can bring these to court, but it requires substantial proof.
Can My Child Get Their Own Lawyer?
In some cases, yes. If parents are highly contentious, a judge might order that the child has their own lawyer. The costs can be shared by the parents, covered by one parent, or reduced through legal aid.
What Does Supervised Parenting Time Mean?
Supervised parenting time occurs when there are concerns that justify someone overseeing the parent’s interactions with the child. This can be a family member, friend, or hired agency.
How Can We Improve Communication If We Struggle to Get Along?
When communication is difficult, written forms like email or text messages can help. Some judges may order communication through applications like Family Wizard.
Alternatives to Litigation
Alternative Dispute Resolution
Litigation should be a last resort due to its expense and uncertainty. Alternative dispute resolution methods include Judicial Dispute Resolution (JDR), an informal meeting with a judge, and the Early Intervention Case Conference, a one-hour hearing where a judge gives opinions without making decisions.
Conclusion
Thank you for joining us today. We hope this information on Family Law Info in Edmonton has been helpful. If you have more questions or need specific legal advice, please contact eLaw Alliance directly. Don’t forget to subscribe to our channel for more informative videos on family law.