One of the primary concerns many people have when contemplating a divorce or commencing one is what will happen with the children. In many cases there is unfortunately not always an easy or straightforward answer to this question. This is because a Courts determination of custody and access issues in family law proceedings is entirely fact driven (and specific) and always comes back to one question: what is in the best interests of the children? This consideration will vary greatly from one case to the next.
The Divorce Act mandates that in making an order with respect to custody and access the Courts should seek to maximize contact with both parents. This principle often times forms the basis for an application for shared parenting. However, this is with the caveat that time is maximized with both parents insofar as it is consistent with the best interests of the children. There are many factors that are taken into account when making this determination and a non-exhaustive list may be found at s. 18 of the Family Law Act, SA 2003, c F-4.5.
Parents remain at liberty to develop, negotiate and create their own parenting arrangement and have it approved by the Courts insofar as they are able to satisfy each other’s concerns and desires.
To have a legal assessment of your current custody, access or parenting situation carried out please contact one of our qualified and experienced divorce lawyers in Medicine Hat, Lethbridge, Ft. McMurry or Brooks offices.
