Hello, my name is Brian Galbraith and I’mthe owner of Galbraith Family Law. We’re a law firm of family law lawyers located inBarrie, Orillia and Newmarket. How does a father get custody of his children? Now, there’sa myth out there that fathers never get custody of their children. This is based on the historicfact that, traditionally, mothers were primarily responsible for the care of children and fatherswere the bread winners. So it made sense, in those days, that thecourt would order custody to the mother since she was the one primarily looking after thechildren anyway. It was in the children’s best interested to be with their mother. Nowadays,both mothers and fathers usually participate
in the care giving and in earning the incomefor the family. As a result the Ontario courts are more inclined to order an equal time sharingregime for the children. If a father wants custody of his children,he needs to prove that it’s in the best interest of the children that he has custody. A strongargument would be that he was traditionally the one responsible or primarily responsiblefor the care, and that he can continue to provide the care that the children want anddeserve. Custody battles are often very nasty. They can take many months and even years toresolve and cost thousands of dollars in legal fees. The children often suffer when there’sa custody battle between their parents. As
a result we prefer to help our clients negotiatea settlement. One of the best processes to do that is calledcollaborative practice. That’s a process where the parties agree not to go to court and theywork with professionals to find a resolution to their petty issues and any other issuesthat they have to resolve related to the separation. It’s a very cost effective process and keepsthe power of decision making in the hands of the parents. Most importantly, it helpsprevent the children from being in the middle of a battle between mum and dad. If this tutorial’s been helpful, give it a thumpsup. And if you’d like to learn more information
or have one of our lawyers help you with yourcustody issues, please go to our website which is GalbraithFamilyLaw. You can book consultationswith one of our lawyers. We help clients with custody issues every day. We can help youtoo. Thank you.
Putting Children First Minimizing Conflict in Custody Cases
Each year, thousands of parents living apartor divorcing look to the courts for resolution of their disputes. Sometimes they argue overmoney or property and sometimes they quarrel about their children. But fights over custody,access, parenting time and visitation have unintended victims, the children themselveswhose emotional wellbeing can be harmed by their parents fight. In this tutorial, ElaineGordon, a superior court judge who presides over custody trials talks to you over thereality of these custody disputes and their unfortunate consequences for children. Hello, my name is Elaine Gordon and I’m ajudge who presides over custody disputes.
I’d like to talk to you a little bit todayabout divorce, custody fights, and what happens to the children whose parents have those fights.I do this in the hope that what I say will inform what you do and in terms of handlingyour case you’ll be able to do that in a way which does your children the least amountof harm. You know one of the problems that we haveamong couples who are getting divorced is they assume that everybody is fighting abouteverything and in fact if you come to court you will see the hallways filled with people,you believe that that is so. But in fact, that is not the case. Over 50% of the peoplewho are getting divorced who have kids, resolve
their disputes before they ever step footin their lawyers’ offices. They recognize the custody dispute for what it really is,a personal family matter that parents need to resolve for themselves. Another 2030% of the people will, with alittle bit of help from their lawyers or maybe the family relations office, will also beable to resolve their cases. Another 1020% of people will go on to mediation either throughour family relations office or through private mediators and they’ll be able to settle theircases. So who does that leave? It leaves only about 10% of the couples who are separatingor divorcing who have kids, who go on with
the fight. The next step in a fight for those 10% ofpeople, what they do that nobody else does, is that they enlist their children in theirbattle. How do they do this? Well, they have a family relations evaluation, or a guardianad litem is appointed, or an attorney for the minor children or a psychological evaluation.All of those things have the same result. The children are exposed to the fight, askedto participate in it, and in some ways become foot soldiers in their parents’ battle.That step involving strangers, third parties in the lives of your children does irrevocabledamage to the kids and I’m going to tell you
in a little bit later about what kind of damagethat is. But first of all, you can see that asking a child, quot;What do you think about yourmom?quot; or quot;What do you think about your dad?quot; could have some dire consequences in termsof the power inside of the family or putting an undue burden on the children themselves.That’s the first and most obvious consequence. The others are even more devastating. Let’s think about this divorce from the pointof view of a child. I like to try to think of it, actually, as thinking about it fromthe height of perhaps a smaller child, not adult sized, but child sized, looking at theworld from basically behind their parents,
because that’s what kids do. They rely ontheir parents to be the wall between them and the outside world. It’s a protective wallfor them. And what most kids think about when they think about their family at all is prettybasic. They think Mommy loves Daddy and Daddy loves Mommy and they love me. And then oneday, parents who are separating or divorcing come to their kids and say quot;well, Mommy andDaddy don’t love each other anymore, but don’t worry honey, we love you.quot; That’s not whatyour kids hear. What your kids hear is quot;Mommy and Daddy don’t love each other anymore. Uhoh. They can stop loving me as well.quot; And so for every child in every family that isseparating or divorcing, the overwhelming