Edmonton Parenting and Child Support Lawyers help bring child-focused solutions to separating parents. Peter Graburn our senior Edmonton and Calgary family lawyer provides some great tips in today’s blog.
Edmonton Parenting and Child Support Lawyers 403 444 5503
In previous articles, we have indicated that while family relationship breakdown is hard, it is often hardest on children of the relationship. Studies have shown that family relationship breakdown (and particularly disputes between separate parents as a result of this breakdown) can often lead to both short and long-term physical, emotional, and behavioural problems in children (even physiological changes in the brain). Our experienced team of Edmonton Parenting and Child Support Lawyers includes senior lawyer Peter Graburn and dedicated family law associates Brianne Beckie and Kaye Booth.
So what are the issues separating Edmonton parents must resolve regarding their children, and how are these issues resolved if parents cannot resolve them between themselves? Our Edmonton Parenting and Child Support Lawyers explain that Edmonton Alberta family law regarding children falls into the following areas:
Custody and Guardianship 403 444 5503
“Custody” of children is not only about who the children will live with. Custody (for married couples) and Guardianship (for non-married couples) involves which parent (or both) will have the legal authority to make major decisions on behalf of their minor (ie. under 18-year-old) children, including decisions regarding their:
● education;
● healthcare, and;
● cultural, language, religion, and spiritual upbringing.
Parenting Time
“Parenting” of children (replacing the old controversial term of “access”) involves both who the children will primarily live with as well as the amount of time the non-primary parent will enjoy with the children. The residence of the children is usually determined on the following bases (although different arrangements can be established in unique situations):
● Shared – each parent has the children about half the time;
● Primary Residence – one parent primarily has the children, with the other parent having specific parenting time;
● Split – each parent having one or more of the children (although this is unusual – see MacLean Law Calgary Office Associate Kaye Booth’s recent article “Split Child Custody Parenting Time” https://macleanfamilylaw.ca/2020/10/24/split-child-custody-parenting-time/ ;
● Divided – the children live with each parent for part of or alternating years (also very unusual).
If separated parents cannot agree on the primary residence of children or how much parenting time a parent should have, the Court will make these decisions on behalf of the parents applying several parenting principles, including:
● Maximum Contact with Each Parent – to establish meaningful bonds with both parents (MacLean Law Founder Lorne MacLean Q.C. confirmed the importance of this principle in winning the Supreme Court of Canada case of Young v. Young ([1993] 4 SCR 3);
● Incremental Increases in Parenting Time – staged, consistent increases in parenting time (ie. you can’t increase parenting time “from 0 to 60” overnight);
● Short, Frequent Contact with Each Parent – similar to when parents live together;
● Voice of the Child – children being able to have some input into who they will be living with (depending on the age and maturity of the child), and;
● Best Interest of the Child – the “bottom-line” legal test for parenting of children.
Child Support
It is also a fundamental principle in Edmonton Parenting and Child Support law that the payment of child support is the duty of both parents – it is the right of the child to receive financial support from their parents (according to their parenting arrangement and their financial abilities). There are two (2) types of child support (under both the Federal and Alberta Child Support Guidelines):
● Base Support (Section 3s) – for the basics of child care (ie. food, clothing, and housing), and;
● Extraordinary Expenses (Section 7s) – for other special, unusual (for some families) expenses {ie. child care, health, and dental, school (pre and post-secondary), extra-curricular activities, etc.].
MacLean Law has Offices across Canada including downtown Vancouver, Calgary, Toronto, West Kelowna, Surrey, Richmond, Victoria, and Fort St. John.
Edmonton Parenting and Child Support Lawyers
403 444 5503
Our Edmonton parenting and child support lawyers assist their clients to understand the different issues and changing terminology involved in parenting and financially supporting their children upon the breakdown of their family relationship with their ex-spouse (whether married or ‘common law”), and help them in getting the type of parenting and child support arrangement that is in the best interest of their children.
