child custody and parenting in partnership with the edmonton public library updated november 2013 1

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Child Custody

and ParentingIn partnership with the

Edmonton Public Library

Updated November 2013

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Agenda

1. Introductions

2. How this evening’s presentation will proceed

3. Housekeeping – washroom locations

4. You have three things in front of you:

1. A copy of this PowerPoint

2. 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 TermsChoosing

Which Court“Best

Interests”Parenting

PlansCourt

ProceedingsOther Topics

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Disclaimer

The 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.

Child Focused

Legal TermsChoosing

Which Court“Best


PlansCourt


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Legal Assistance1. Legal Aid – (780) 427-7575

2. 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 retainer

5. Pro bono legal services

6. Summary legal advice (where available)

Child Focused

Legal TermsChoosing

Which Court“Best


PlansCourt


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Contents

A. Take a Child Focused Approach

1. Parenting After Separation

2. Other Workshops

3. Mediation

B. Legal Terms

C. Choosing Which Court

D. “Best Interests”

Child Focused

Legal TermsChoosing

Which Court“Best


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Contents

E. Parenting Plans

F. Court Proceedings

G. Other Related Topics

i. Mobility

ii. Variation

iii. Appeals

Child Focused

Legal TermsChoosing

Which Court“Best


PlansCourt


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Resolving Issues Out of Court

Child Focused

Legal TermsChoosing

Which Court“Best


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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.

Child Focused

Legal TermsChoosing

Which Court“Best


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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.

Child Focused

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Which Court“Best


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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 Bench

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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

Child Focused

Legal TermsChoosing

Which Court“Best


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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

Child Focused

Legal TermsChoosing

Which Court“Best


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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)

Child Focused

Legal TermsChoosing

Which Court“Best


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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 TermsChoosing

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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

“Best Interests”

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 Making

2. Scheduling/Residential Arrangement/Parenting

Time

Child Focused

Legal Terms



Parenting Plans

Court Proceedings

Other Topics

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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



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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

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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

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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 TermsChoosing

Which Court


Parenting Plans

Court Proceedings

Other Topics

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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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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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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)

Child Focused

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Which Court“Best


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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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Which Court“Best


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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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Which Court“Best


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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)

Child Focused

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Going to court is usually not in a child’s best

interest

Use as last resort

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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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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)

Child Focused

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Which Court“Best


Plans

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Other Topics

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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)

Child Focused

Legal TermsChoosing

Which Court“Best


Plans

Court Proceedin

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Litigations, trials, and contested hearings are

required in a very small number of cases.

Child Focused

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Which Court“Best


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Other Topics

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G. Other Related Topics

i. Mobility

ii. Variation

iii. Appeals

Child Focused

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Which Court“Best


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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.

Child Focused

Legal TermsChoosing

Which Court“Best


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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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Which Court“Best


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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.

Child Focused

Legal TermsChoosing

Which Court“Best


PlansCourt


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Reminder

Please fill out the feedback forms. Your

input is essential in helping us to improve

future sessions.

Child Focused

Legal TermsChoosing

Which Court“Best


PlansCourt


45

Disclaimer

The 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.

Child Focused

Legal TermsChoosing

Which Court“Best


PlansCourt


child custody and parenting in partnership with the edmonton public library updated november 2013 1

Documents

court best interests

plans court proceedings

child focused legal

parenting plans

topics slide

child focused approach

legal information

legal assistance