What is the law concerning Child Custody in Calgary?
Parents or legal guardians of children will be concerned with how Alberta laws operate concerning child custody when a marriage ends in divorce. It is usual that parties will go to court while the divorce application is still in progress, in order to have the court make directions and pronouncements about how the children will be dealt with in terms of custody and access on an interim basis. The court will make a final order when the divorce is granted but the parties may not wish to wait and will need interim directions by way of an interim order. Any change in circumstances can give rise to a change in the custody and access, or parenting time, situation. Even after a final order of divorce which may deal with custody and access circumstances, the court may be approached by either party at any time to make variances of prior orders or new orders for any matter concerning the children because the court has to be concerned at all times with the best interests of the children.
A failed marriage means that the parents will be fighting or negotiating for maximum parenting time, custody, access and visitation with their children. Whereas during the course of the marriage both parents could come and go at the matrimonial home as they pleased and see the children as and when they liked, following separation now there is left doubt on the custody and guardianship of the children. Especially with young children parents will be very concerned as the children are too young to decide for themselves with which parent they wish to reside and spend their free time.
Well, the Child Custody Laws in Calgary are like elsewhere in Canada fully centred around what is in the best interest of the child or children in question. This is why a trusted Calgary Family Lawyer is so crucial to getting the best results. The cases are all fact driven and fact sensitive. You would be well advised to tell the full story to a competent Calgary Family Lawyer to prepare the best case of evidence to put before the court who will determine the outcome with respect to custody, access and visitation (AKA parenting time).
The case to make is to show the court that we have the best plan for the right and proper guardianship for the children going forward which will add an essence to the child’s life and so, it is highly essential for the parents to take full responsibility for their children and have them in their custody.
Custody or Guardianship involves making decisions such as to decide where the child will live, his or her education, fulfilling his or her needs and desires and many more. Every child has a right to what is in their best interests and under the laws of Custody and Guardianship (parenting time) as they are interpreted and applied by the Alberta courts it is the duty of the parents to fulfill these inalienable rights of the child. The court will put in place the best circumstance for the child or children of the marriage or long relationship to be fed, clothed, schooled, safe, and happy. So, with this, we get a basic idea of how the necessary considerations surrounding Guardianship or Child Custody or Parenting Time is brought about. There is a presumption that children benefit from influence of both parents and this is borne out in all the prevailing psychological literature also so that most often our Calgary courts will divide the child’s time amongst the parents, unless there are compelling reasons in evidence why the court ought not to do so in any given case. Speak to your lawyer for more details on what would be likely on your facts.
How to Divide the Legal Duties Related to Child Custody?
When Parents are unable to decide and divide their responsibilities and duties towards the Custody or Guardianship of their child, they approach the courts in Calgary for an order to direct how it should be. For getting custody for their child, the Parents hire Child Custody Lawyers to represent their views and wishes in the court and get a valid and enforceable order or judgment on their issue/s based on the Family Act Law of Alberta and other binding jurisprudence.
The court has the authority and jurisdiction to make any and all decisions concerning treatment of children in their best interests and therefore on the duties of each parent towards the child. It plans for access or on Visitation Rights by the parents or sometimes even grandparents such as for example on who will receive the School report cards, who decides on religion, medicine, sports, excursions, et cetera, and other duties as well. Anything relevant to the children and their wellbeing, care, upbringing, influences, may be put before the Alberta courts may be asked to decide, in the absence of an agreement between the parties. But it is important to note, that even if the parties make an agreement, it must be shown to the court that that agreement is within the best interests of the child or children: if it is not, the court will not accept it. Sometimes the parents’ conflicts affects the children and the Calgary Family Law courts are certainly alive to this very issue. The court in certain cases can even order that the children have their own independent legal counsel, thus it is ensured that the children are represented by Lawyers of their own so that their voices are heard by both the court and the parents. The court also decides on the Father’s Visitation Rights, on Child Visitation Rights, on Child Support and a lot more.
Hence, in Calgary, Child Custody and other family-related obligations are considered very important and the laws are in place and set up so as to decide each and every minute detail on the family care and happiness and Custody of the Children. This is also given high importance as it is a right of every youngster to enjoy their childhood to the fullest.