Fort St. John Child Custody Lawyers handle child custody, parenting responsibilities, child parenting plans, access and guardianship disputes. We will negotiate, mediate and litigate these matters to resolution that is child focused. Today Fraser MacLean and Jeff Courson explain child custody and parenting time.
Our Fort St. John child custody lawyers know that parents in the Peace Region who work a non-traditional work schedule or unusual hours need to design a successful parenting plan keeping in mind these work schedules. For example, the logistics of parenting time for an oil and gas drilling employee who works two weeks on and two weeks off will be different than a parent that works a Monday to Friday job 9-5 with weekends off. Just because a parent works a unique schedule or is working out of town for periods of time does not mean that they shouldn’t be able to spend time with their child. Jobs that require non-traditional hours and schedules can be important ways to earn money that supports the family. A week on/off schedule can support a shared parenting time schedule. Click here to learn about Dawson Creek parenting time issues.
Fort St. John Child Custody Lawyers 250-262-5052
When dealing with Fort St. John Child Custody our courts will focus on the best interest of the children. Fraser MacLean, articled student, at MacLean Law explains that there are different types of BC custody and parenting arrangements:
- Fort St. John Sole Custody – This means that the child lives primarily with one of the parents who also have the legal rights for making all decisions for the child. Sole custody could be awarded in instances to ensure the physical and psychological safety of the child.
- Fort St. John Joint Custody– This means that both parents have a say in the rights and responsibilities for their child. The child could live primarily with one parent or both, but both parents are entitled to make decisions about their children. Shared Custody is a type of joint custody which refers to when a child lives with each parent at least 40 percent of the time.
- Fort St. John Split Custody- This refers to instances where there are two or more children, and one or more of the children live with parent A, and one or more of the other children live with parent B. The children are split up, but split custody may still be shared custody.
Fort St. John Child Custody Lawyers
Our experienced Fort St. John Child Custody Lawyers explain that in instances where one parent has resided with one parent for a lengthy extent of time it does not mean that the courts are impeded from making a different arrangement that would be in the best interest of the child. This was successfully argued by MacLean Law’s Lorne MacLean Q.C in the case H v. H. In upholding a Master’s decision The Honourable Mr. Justice Rogers provided the following:
[28] It cannot, as Mrs. H. suggests, be the case that simply because the status quo has pertained for, say, a year and a half, that it must ipso facto serve the child’s best interests. That is, in my view, extremely faulty reasoning. One does not, just because the child has had his primary residence with one parent for a year, conclude that that arrangement is in that child’s best interests. That arrangement may, in fact, have been contrary to the child’s best interests from the outset. It is for the court on an application to upset the status quo to determine where the child’s best interests lie. This is, I believe, one of the bedrock principles of family law.
[30] On the whole, I cannot find that the learned Master was clearly wrong when he decided that the children should undertake shared residency even though they had their primary residence with Mrs. H. for the previous year and a half. There was evidence upon which he could have relied in making that decision. He proceeded on a correct understanding of the law, vis: that the status quo is nothing more than that and it is for the parties to adduce evidence for and against its continuation. There is no default or preferable parenting or residency regime and it was not in the learned Master’s mind that there was such.
Call Our Fort St. John Child Custody Lawyers Today!
If you have a question for our Fort St. John Child Custody lawyers, we recommend that you speak to one of our Fort St. John family lawyers by calling now at 250-262-5052.
