A Guide to Children Law What happens to the Children during a Divorce or Separation
It’s a sad fact that on average 42 percent of marriages end up in divorce and the main victims are the children. Today we are going to discuss various scenarios covering the law relating to the children of the family, and with me today is Karis Wookey, a solicitor in Howells and a specialist in children law. Karis, we’re now going to run through a few scenarios covering parental responsibility.
For my first example, a couple marries in 2000. They have a 10yearold son and a 6yearold daughter and twelve years later the parties separated. What is a typical arrangement for the children? Ideally, parents will come to an agreement at this point regarding where the children live and how much time the children spend with each parent. But what if they can’t agree with these arrangements? There are circumstances where the mother would not agree.
To arrangement whereby the children would spend equal time with both parents. Say, for example, if her child benefits were reduced, if father formed a new relationship with another partner, or she may just be unreasonable. So what can he do, if his ex partner decides to reduce contact with his children? The first port of call is to seek legal advice. Here at Howells, we offer a 30 minute free consultation with a specialist solicitor.
And there is no pressure to proceed after the initial interview? No, there’s no pressure whatsoever to proceed and of course will be no costs involved. In our case study, the father has parental responsibility as he is married to the child’s mother so he would be responsible for looking after the child, providing a secure and stable home environment, choosing educational needs and appropriate schools, choosing the child’s name and consenting to any change of name,.
And agreeing to medical treatment. These are just a few examples of what having parental responsibility means. What would the first step be for the father to reinstate the original agreement or to gain more access to his children? Firstly, we would need to write to the mother setting out his proposals and requesting the previous arrangement be reinstated immediately. We would request the response from mother within 14 days and suggest that she seeks independent.
Legal advice if she’s unsure about the contents. So is the best case scenario that the mother responds and reinstates the previous arrangement? Yes, but if this doesn’t occur or if she fails to respond then we would refer the matter to mediation. As of the 22nd April 2014 prior to making any application to court, a mediation intake assessment meeting known as MIAMS needs to have taken place. There are however some exemptions to this, such as domestic violence.
Mediators are trained to help resolve a number of issues including children disputes. Who pays for this mediation? If one party is eligible for legal help then this will cover both parties. However, generally it is the person making the referral to mediation that will bear the expense usually ranging from 75 to 150 pounds plus VAT. If further sessions are required, then the fees will increase and these should generally be split equally between the parties.
How Do Fathers Get Custody of Their Child
Hello, my name is Brian Galbraith and I’m the owner of Galbraith Family Law. We’re a law firm of family law lawyers located in Barrie, Orillia and Newmarket. How does a father get custody of his children? Now, there’s a myth out there that fathers never get custody of their children. This is based on the historic fact that, traditionally, mothers were primarily responsible for the care of children and fathers were the bread winners. So it made sense, in those days, that the court would order custody to the mother since she was the one primarily looking after the children 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 income for the family. As a result the Ontario courts are more inclined to order an equal time sharing regime 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 strong argument would be that he was traditionally the one responsible or primarily responsible for the care, and that he can continue to provide the care that the children want and deserve. Custody battles are often very nasty. They can take many months and even years to resolve and cost thousands of dollars in legal fees. The children often suffer when there’s a custody battle between their parents. As.
A result we prefer to help our clients negotiate a settlement. One of the best processes to do that is called collaborative practice. That’s a process where the parties agree not to go to court and they work with professionals to find a resolution to their petty issues and any other issues that they have to resolve related to the separation. It’s a very cost effective process and keeps the power of decision making in the hands of the parents. Most importantly, it helps prevent the children from being in the middle of a battle between mum and dad. If this tutorial’s been helpful, give it a thumps up. And if you’d like to learn more information.
Or have one of our lawyers help you with your custody issues, please go to our website which is GalbraithFamilyLaw. You can book consultations with one of our lawyers. We help clients with custody issues every day. We can help you too. Thank you.