Vancouver Calgary Child Guardianship Lawyers deal with parenting time and parenting responsibilities issues. The top rated* Vancouver Calgary Child Guardianship Lawyers at MacLean Law deal with cases where one party wants to be declared the sole guardian, cases where someone wants a presumed guardian removed for cause, or cases of allocating powers to decide issues regarding their child.
Vancouver Calgary Child Guardianship Lawyers
In a recent BC high conflict child custody and parenting case of C.S. v. S.S. a mother sought a summary trial to permit her to relocate with the children to Switzerland and to have herself appointed as the sole guardian by having the father removed as guardian.
The court took the opportunity to review the law on guardianship where someone sought to be appointed the sole guardian.
Our experienced and top ranked* MacLean Family Law team has offices in Vancouver, Surrey, Calgary, Kelowna, Fort St John and Richmond. Call us early on in your separation to get help with a parenting plan and guardianship powers. Our Founder, Lorne N. MacLean, was winning counsel on one of Canada’s most famous child custody cases. He handles appeals and trials across Western Canada and in the Supreme Court of Canada.
*(Top Choice Award (2014, 2016, 2017), top rated reviews on Google, Yelp, threebestrated, lawerratingz.com).
Call our Vancouver Calgary Child Guardianship Lawyers now at 1-877-602-9900.
Vancouver Calgary Child Guardianship Lawyers Explain Sole Guardianship
Here is what the judge in CS v. SS said about obtaining sole guardianship:
(iv) Guardianship
[112] To strengthen (and provide greater clarity for) her role as sole custodian under the DA, the respondent also seeks exclusive guardianship of the Children pursuant to s. 39(1) of the FLA.
[113] I am not prepared to grant this order and remove all form of parenting entitlement from the claimant. Generally, this is reserved for extreme situations: K.B. v. A.R., 2014 BCSC 1642, at para. 128.
[114] Instead, I consider it in the best interests of the Children that both parents remain guardians and that the door is left open to the claimant’s continued involvement in the Children’s lives.
[115] As noted in K.D.P. v. A.R.K. aka R.K., 2011 BCSC 1085:
[1] No parents are perfect. All have flaws of one kind or another. If families stay together, except in those rare circumstances in which a child is found to be in need of protection, the state and the courts allow imperfect parents to raise their children as best they can. The children, in most cases, are no worse for wear for the experience.
[2] If families separate, however, and issues of custody and access arise, in the guise of determining the best interests of the child, a parent’s flaws of character and conduct are put under a microscope. In such circumstances, care must be taken not to lose sight of the strengths that a party brings to the challenge of raising a child.
[116] From their birth until 2016, the claimant was an integral part of the Children’s lives, including sole custodian for more than four years. This cannot be overlooked.
[117] As such, I declare the parties to be joint guardians of the Children under the FLA.
Vancouver Calgary Child Guardianship Lawyers Parenting Responsibilities
Our Founder, Lorne MacLean, QC points out having two guardians does not mean you can’t put someone in charge of decision making though.
[118] However, consistent with the award of sole custody, and for the reasons I made this award, I order that the respondent have exclusive authority over parental responsibilities as set out in s. 41 of the FLA, and final decision-making authority, except in relation to paragraph (j) of this provision. As joint guardians, both parties are entitled to “request and receive from third parties health, education or other information respecting the child”.
[119] In my view, in light of how things currently stand between the parties, a requirement that the respondent consult the claimant on significant decisions involving the Children, and reach agreement on them, would render her parenting of the Children unworkable and not only result in continued conflict between the parties, but added tumult for the Children.
[120] Section 43 of the FLA mandates that the respondent exercise her parental responsibilities in the best interests of the Children and on the evidence in this case, I am satisfied that she recognizes this obligation and is prepared to meet it. I accept that the plan to relocate the Children to Switzerland is driven by a genuine desire to improve their living situation.
[121] This is a final order, subject only to variation by a court under s. 40 of the FLA, or otherwise, upon the applicant party showing a change in circumstance that has occurred since the making of the order.
Call our Vancouver Calgary Child Guardianship Lawyers Now
If you have a guardianship, parenting time, child contact or parenting responsibilities dispute, call one of our savvy Vancouver Calgary Child Guardianship Lawyers to resolve it quickly and cost effectively. Toll free 1-877-602-9900.
