Top rated* Vancouver Calgary shared parenting lawyers help clients ensure that the best interests of their child is promoted both in the short term and into the future. Shared and equal child parenting allows you to play an important an equal role in raising your children. MacLean Family Law, the top rated* Vancouver family law firm according to prestigious Top Choice Awards believes in the principle that “parents are forever”.
*(Top Choice Award (2014, 2016, 2017), top rated reviews on Google, Yelp, threebestrated, lawerratingz.com).
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Vancouver Calgary Shared Parenting Lawyers Help You Plan For Your Child Now and Into The Future
Our Vancouver Calgary shared parenting lawyers note the recent BC child mobility case decision in Hefter v. Hefter 2016 BCSC 1504 once again confirms the common sense principle that a primary caregiver parent will likely have the upper hand and have deference given to their decision to relocate in the absence of and sometimes even in the face of a bad faith plan for moving away.
Vancouver Calgary Shared Parenting Lawyers Warn Shared Parenting Affects The Outcome of A Relocation Dispute
Our Vancouver Calgary shared parenting lawyers feel the outcome could have been very different if the parties had an equal shared parenting arrangement. If you are separating and have children our Vancouver Calgary Shared Parenting Lawyers can help you plan both a short-term resolution and the “long game strategy” to help ensure the best interests of the child are achieved and maintained.
Vancouver Shared equal parenting is gaining steam across Canada and BC is leading the way. Lorne N. MacLean, QC founder of Our Vancouver Calgary shared parenting lawyers has made important inroads in leading the charge for Calgary shared parenting and in persuading Calgary family courts that shared equal parenting is a viable option. Ask us why we are one of the few lawyers in Calgary who helps clients pursue and succeed on shared custody and parenting time cases. We’ll share the cutting edge social science and developmental research we have collected with you once we represent you.
Our Vancouver and Calgary shared parenting lawyers understand that shared parenting also has a dramatic impact on increasing the prospects that a child move away or child relocation case will NOT succeed.
Child Parenting Time Agreements Don’t Bind Courts Explain Vancouver Calgary Shared Parenting Lawyers
Our Vancouver and Calgary shared parenting lawyers recommend that clients enter into agreements governing shared parenting and non-removal or child relocation clauses. But we warn our clients that although these agreements are entitled to deference by the courts but they cannot tie the courts hands to do what is best for a child.
In Hefter v. Hefter the Court reiterated that any agreement entered into by the two parents with respect to child parenting arrangements and containing moving away restrictions for their children cannot bind the court.
Our highest court said special rules apply to child parenting time and custody contracts and our Family Law Act also says the only test is the best interests test and in (L.A.) v. W. (G.N.), 78 R.F.L. (7th) 104 (B.C. C.A.), our highest court stated that:
…family law agreements…. Particularly when [these] agreements deal with the care and well-being of children, [mean] considerations other than those of contract law are of paramount importance. The courts have the power to protect the best interests of children, both under statute and under their parens patriae jurisdiction.
Certain Questions Can’t Be asked on Child Move Away Cases
British Columbia’s Family Law Act contains terms that differ from the rules that apply under the Divorce Act and in particularly Section 69(7) provides that in determining whether to make an order for relocation, the court CANNOT ask or consider whether the mother or father if they are the relocating parent would still relocate if the child’s relocation were not permitted. In previous cases courts would ask the moving parent if they would move without their child and if the parent said no the court could simply refuse to let the parent move with confidence. An earlier BC Court of Appeal case said you should consider the options of both parents staying put, both parents moving to the new location and one parent moving away with or without the child.
Hefter also deals with whether a special rule for costs in family cases should apply when both parents are in good faith trying to do what they think is best for their child in a relocation case.
In Hefter the court adopted a minority line of family costs cases approving of the reasoning reached by Madam Justice Humphries in Hansen v. Mantei-Hansen, 2013 CarswellBC 1463 (B.C. S.C.), that held:
In general, costs in family matters follow the event. However, this is a case where each parent has a legitimate and well-founded case to put forward. It would not be in the interest of justice to pronounce one parent successful in this action and one not. The only consideration is the best interests of the children, and as I have made clear, the children would be well served living primarily with either parent. Given the parents’ determination to live apart, and their equal devotion to their children, a decision had to be made for the children by a court. In these circumstances it is appropriate that the parties bear their own costs.
Our experienced Vancouver Calgary shared parenting lawyers are standing by to help you resolve child parenting time disputes> Meet with us to discuss you options. Our offices are located in Vancouver, Calgary, Richmond, Surrey, Kelowna and Fort St John. 1-877-602-9900.
