Here are Lorne N. MacLean, QC’s, How Do I Win Vancouver BC Child Custody Tips. MacLean was the successful counsel for Ms Young in Young v. Young in the precedent setting Vancouver BC child custody case that emphasized the principle of maximum contact by a child to both of its parents as being in the child’s best interests. The last few years have brought big changes To Vancouver BC child custody and parenting time cases.
How Do I Win Vancouver BC Child Custody – Top 5 Tips:
- The terminology for legal concepts in family law differs depending on the governing legislation. Under the Divorce Act, the terms “custody” and “access”, and “corollary relief” refers to relief sought other than the divorce order (child support, spousal support, custody, and access). Under the Divorce Act, proceedings seeking to change an order for BC Child custody are referred to as “variation” proceedings. The Family Law Act, that came into effect in 2013 describes obligations toward children as “guardianship”, “parental responsibilities”, “parenting time”, and “contact” which terms are thought to be less win/lose than the Divorce act wording. Maximizing Contact between the Child and Parents is crucial under both Acts.
- Children’s views and participation are now encouraged more than ever through, “voice of the child“, “child wishes” reports, judge interviews and maybe even independent representation.
- Joint Guardianship of children has been replaced with each parent of an ongoing parental relationship being presumptively held to be both guardians of the child. Not every parent is automatically a guardian but those who are not can apply to become a guardian. Removing a guardian requires a high threshold in BC.
- BC child custody and parenting arrangements that are decided SOLELY on the best interests of the child test under the FLA and a similar focus is used under the Divorce Act. New Divorce Act proposals will start to use “parenting time” and “responsibility” phrasing like our BC FLA if the changes pass.
- There are three types of BC child custody and parenting plans: sole custody or primary residence where one person has most of the time with the child and the sole right to decide issues regarding the child’s upbringing and welfare, split custody where each parent has 1 or more children most of the time and shared custody or parenting where both parents have roughly equal time with the child or children. Decision making in any of these cases can be shared although less so for sole custody, shared but with a final say on various decision making areas to one parent, a parenting coordinator or a judge or exercised solely by one parent. Shared custody is definitely on the rise across Canada and in BC. There is no presumption for sole or shared parenting time and the result depends solely on what is in the best interests of the child.
How Do I Win Vancouver BC Child Custody – One More Key BC Child Custody Tip
There is one more key tip and this may be the key tip of all from Lorne N. MacLean, QC’s Vancouver BC Child Custody Top 5 Tips. The number one predictor of poor outcomes for children after separation is the continuation of their involvement in parental conflict. Getting the family child custody and parenting time conflict resolved quickly and with a minimum of acrimony means healthier children, less expense to parents and a chance for the new family unit to move forward and use money saved on legal fees to benefit the children. Even under the most stressful circumstances remain child focused.
For more free information and a great blog on: How Do I Win Vancouver BC Child Custody check out this earlier blog by Lorne N. MacLean,QC.
How Do I Win Vancouver BC Child Custody – The Child’s View Is Important
Section 37 (1) states ” (b) the child’s views, unless it would be inappropriate to consider them;” The degree to which the wishes of the child will be considered is dependent on the age and maturity of the child.
Major objectives of the BC Family Law Act and changes proposed to the Divorce Act are are:
- an emphasis on out-of-court dispute resolution processes;
- enhanced provision for the court’s control of family law proceedings and the litigants before the court;
- Section 199 provides the court with a set of guiding principles:
(1) A court must ensure that a proceeding under this Act is conducted
(a) with as little delay and formality as possible, and
(b) in a manner that strives to(i) minimize conflict between, and if appropriate, promote cooperation by, the parties, and(ii) protect children and parties from family violence.
(2) If a child may be affected by a proceeding under this Act, a court must(a) consider the impact of the proceeding on the child, and(b) encourage the parties to focus on the best interests of the child, including minimizing the effect on the child of conflict between the parties.
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If you need help on your BC child custody and parenting time case call Lorne N MacLean, QC or any of the Vancouver BC child custody lawyers at his firm call us toll free across BC in Vancouver, Surrey, Kelowna, Fort St John BC and Richmond and Calgary Alberta.