Child Custody and Parenting

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Child Custody

and ParentingIn partnership with the Edmonton Public Library

Updated November 2013

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Agenda1. Introductions2. How this evening’s presentation will proceed3. Housekeeping – washroom locations4. You have three things in front of you:

1. A copy of this PowerPoint2. A resource sheet 3. A feedback form that we ask that you fill out before

you leave tonight to help us improve these sessions.

Child Focused Legal Terms Choosing

Which Court“Best

Interests”Parenting

PlansCourt

ProceedingsOther Topics

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DisclaimerThe information presented during this session may have limited application to your particular

situation. The lawyers who are here this evening CAN provide legal information that

may give you a greater understanding of how the law might apply to your own situation. The

lawyers who are here this evening CAN NOT provide you with individual legal advice.


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PlansCourt


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Legal Assistance1. Legal Aid – (780) 427-75752. Student Legal Services – (780) 492-8244

Law students Simple support/variation applications; Substituted service orders; Do Your

Own Divorce Clinics

3. Duty Counsel Provincial Court – Courtroom 441 Court of Queen’s Bench – Courtroom 314 and 612

4. Limited scope retainer5. Pro bono legal services6. Summary legal advice (where available)


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ContentsA. Take a Child Focused Approach

1. Parenting After Separation

2. Other Workshops

3. Mediation

B. Legal Terms

C. Choosing Which Court

D. “Best Interests”


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ContentsE. Parenting Plans

F. Court Proceedings

G. Other Related Topicsi. Mobility

ii. Variation

iii. Appeals


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Resolving Issues Out of Court


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A. Take a Child Focused Approach

How a child reacts to their parent separation will depend on age, level of emotional development, attachment or relationship history, and most importantly, how respectful the parents are toward one another.


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A. Take a Child Focused Approach

In most cases, children want to spend time with both parents.

It is generally in a child’s best interest to have time with both parents.


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No-cost, 6-hour workshop Helps parents understand process and

effects of separation Encourages positive choices by parents

about how to continue to parent after separation

Mandatory attendance for Queen’s BenchChild

Focused Legal Terms Choosing Which Court

“Best Interests”

Parenting Plans

Court Proceedings

Other Topics

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Voluntary attendance for Provincial Court, unless ordered by the Court

In Edmonton, call (780) 413-9805 To download manual:

<www.albertacourts.ab.ca/fjs/FJS_PAS_Manual_12.pdf>

Notice of Mandatory Seminar handout available on side table


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Course topics include: Relationship building Effect of separation on parents and on children Communication skills Legal issues Mediation and collaborative family law Parenting plans


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2. Other Workshops Focus on Communication in Separation Parenting after Separation for High Conflict

Families See handout – Recognizing High Conflict

Coparental Relationships (from page 21 of PAS Manual)


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3. Mediation Parents meet with neutral mediator who

helps them come to an agreement Approximately 80% success rate Best to do early in the process (soon after

separation or even before separation) Not appropriate for all situations (e.g. family

violence)Child

Focused Legal Terms Choosing Which Court


Parenting Plans

Court Proceedings

Other Topics

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B. Legal Terms Guardianship

A guardian is the person who is responsible for the care, maintenance, and well-being of the child.

Each parent will generally be a guardian of the child (some exceptions for unmarried parents)

“Custody” and “access” are aspects of guardianship

Child Focused

Legal Terms

Choosing Which Court


Parenting Plans

Court Proceedings

Other Topics

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B. Legal Terms Custody and Access

Often referred to Parenting Time/Parenting Plan/Parenting Arrangement.

Two Basic Components:1. Decision Making2. Scheduling/Residential Arrangement/Parenting

Time

Child Focused

Legal Terms



Parenting Plans

Court Proceedings

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1. Decision Making Parents who are guardians have joint

decision-making authority, unless limited by agreement or Court Order

Means both guardians can make decisions affecting their children (e.g. education, health care)

Child Focused

Legal Terms



Parenting Plans

Court Proceedings

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2. Scheduling Primary residence - child resides with one parent

more than 60% of the time over the course of a year

Split residence – each parent has primary residence of 1 or more children

Shared residence – child has residence with each parent 40%-60% of the time over the course of a year

Child Focused

Legal Terms



Parenting Plans

Court Proceedings

Other Topics

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B. Legal Terms “Sole” or “Joint” custody

These terms relate to decision making abilities of the parents and not the residential schedule

Child Focused

Legal Terms



Parenting Plans

Court Proceedings

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B. Legal Terms Joint Custody (most likely)

Awarded when both parents are capable parents.

Day-to-day decisions generally made by the parent with whom the child is residing, but major decisions must always be made by both parents

Child Focused

Legal Terms



Parenting Plans

Court Proceedings

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B. Legal Terms Sole Custody (rare)

One parent has full custody. Child resides with one parent and this parent

makes all of the decisions. Parent without custody usually has some

access to the child.

Child Focused

Legal Terms



Parenting Plans

Court Proceedings

Other Topics

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B. Legal Terms Access

Parent with “access” has the right to question and be given information regarding the welfare of the child (e.g. teachers, doctors, coaches)

Parent with “access” has the right to parenting time with the child

Access is the right of the child and not the parent.

Child Focused

Legal Terms



Parenting Plans

Court Proceedings

Other Topics

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B. Legal Terms Contact Order

Refers to contact between a child and a person who is not a guardian.

Must apply to the court for a contact order. Must also first ask permission (referred to as leave) to apply for this order.

Exception for grandparents where parents are separated or one parent is dead.

Child Focused

Legal Terms



Parenting Plans

Court Proceedings

Other Topics

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C. Choosing Which Court Court of Queen’s Bench

Divorce Act (married people only) Family Law Act (unmarried and married)

Provincial Court Family Law Act only (unmarried and married)

If proceeding under Family Law Act, which Court is

most appropriate for your situation?

Child Focused Legal Terms



Parenting Plans

Court Proceedings

Other Topics

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D. “Best Interests” Standard used by the Court in family law to

make decisions that impact children Parents should use this standard Courts always make decisions based on what

is in a child’s best interest


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D. “Best Interests” This includes considering what parenting

arrangement will address: maximum contact with both parents, views of child (depending on how appropriate) any family violence plans prepared for care and upbringing,


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D. “Best Interests” Each parent’s ability to provide for physical,

psychological, and emotional needs of child, importance of keeping siblings together; and any other important factors. cultural, linguistics, religious, and spiritual

upbringing,


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E. Parenting Plans Best interests of the child are always the

focus. No “entitlement” to 50/50 or to primary care. Must consider all circumstances of child and

parents and what will work from a practical point of view


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E. Parenting Plans No “one size fits all” approach What is in child’s best interests may change

as child gets older


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E. Parenting Plans Should address:

Decision making Parenting time (including holidays and special

occassions)


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E. Parenting Plans May address:

Dispute resolution mechanism Communicating child-related information to

other parent Future changes to parenting plan


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F. Court Proceedings If no agreement is possible, then the matter

will proceed to court. The judge can make an interim or final

Parenting Order.


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F. Court Proceedings Interim

Judge’s decision will only last until the next court date or hearing.

Final Judge’s decision is indefinite (until future

agreement or order changes it)


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F. Court Proceedings Going to court is usually not in a child’s best

interest Use as last resort


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F. Court Proceedings Practice Note 7 – Intervention

Parenting expert will not provide opinion on what is in child’s best interests

Makes recommendations to Court for process that may assist family in addressing and resolving parenting issues


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F. Court Proceedings Practice Note 7 (cont.)

Evaluative intervention – provides information to assist Court

Therapeutic intervention – works toward resolution

Costs – generally paid by both parties (subsidies may be available)


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F. Court Proceedings Practice Note 8 – Parenting Time Assessment

Where Practice Note 7 not successful (or would be ineffective)

Full assessment in which parenting expert makes recommendations on what is in a child’s best interests

Costs – generally paid by both parties (subsidies may be available)


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F. Court Proceedings Litigations, trials, and contested hearings are

required in a very small number of cases.


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G. Other Related Topicsi. Mobility

ii. Variation

iii. Appeals


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i. Mobility Where one parent wishes to move with the

child(ren). No presumptions in favour or against a parent

being able to move the child. Determined by the best interests of the child. Purpose and distance are important

considerations.


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i. Mobility Sometimes changes to parenting plan can

make a move work. Sometimes both parents decide to move. If a move has already occurred, action should

be taken quickly.


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ii. Variation Possible to vary order if circumstances have

changed since order or agreement. Still have to look at best interests of

child(ren). No order related to children is ever

“permanent”.


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iii. Appeals 30 days to make an appeal after an order has

been made. Appeals of interim orders are usually

considered unwise. Limited chance of success after hearing has

occurred.


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Reminder

Please fill out the feedback forms. Your input is essential in helping us to improve

future sessions.


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DisclaimerThe information presented during this session may have limited application to your particular

situation. The lawyers who are here this evening CAN provide legal information that

may give you a greater understanding of how the law might apply to your own situation. The

lawyers who are here this evening CAN NOT provide you with individual legal advice.


Which Court“Best


PlansCourt


Child Custody and Parenting

Documents

Transcript of Child Custody and Parenting